SEND: DFE Report & Reform Plans

A stark warning that the Special Educational Needs and Disabilities (SEND) system is "very likely" to become financially unsustainable has been issued by The Department for Education (DfE).

Meanwhile, local councils are facing a 'critical' financial situation that could see them struggle to continue providing vital support services as they respond to the coronavirus pandemic. We explore the annual report from the DfE and proposed reforms that must be made and look for new stability in a system in crisis.

SEND System is Financially Unsustainable

Every year, the DfE publishes an annual report. The government has released more than £1 billion in bailouts to a group of larger councils, using high-risk “safety-valve” deals" designed only for those with the worst needs deficits. However, one in three still risk bankruptcy within eight years. The DfE has lifted the risk rating and instead now warns high needs pressures "continue to outstrip available funding significantly" rendering the SEND and Alternative Provision system unsound financially.

Despite "substantial cash increases in high-needs funding", costs are expected to rise significantly over the medium term (1-4 years). This means that local authorities are on course to breach a cap from 2026 that will prevent them from putting SEND deficits onto their main books. It also damages efforts to raise education standards for children with SEND and erodes trust in the system among parents.

A DfE spokesperson said the report "lays bare the huge challenges" facing government across education but reiterated its commitment to providing opportunities for all young people so they can achieve their best in life.

Critical Risks to Council Support Services

The DfE has escalated its risk register to indicate that it is now "critical" and "likely" that financial challenges facing councils will "impede the delivery of essential support services and reform activity." The dangers this poses are universal across childcare, SEND placements, alternative provision (AP), and children's social care (CSC), potentially leading to poorer outcomes for the most vulnerable at a higher cost.

In particular, the DfE warned that in children's social care, predominantly driven by SEND and AP, factors such as rising numbers of looked-after children, placement sufficiency, placement costs, market charging, and workforce issues contribute to the overall risk of financial instability.

Proposed Reforms to the SEND System

A recent report indicates that the SEND system requires whole-scale change, including establishing a national regulator and outlawing profits made from state-funded private placements in councils' regions to drive systemic improvement, according to new research commissioned by local authorities. The findings are based on a report funded by the County Councils Network (CCN) and the Local Government Association. Commenting on the findings of the report, CCN chairman Tim Oliver stated that the system 'does not work for councils, schools and parents alike' and that the 'case for reform is unquestionable.' He further describes the SEND system as 'broken', stating that ‘parents were struggling to access education for their children. Councils have seen needs double in 10 years, meaning they are running up deficits that risk pushing them over the financial edge’.

Key Recommendations

A National Institute for Inclusive Education

A new national framework should provide definitions of "types and levels of needs" and "clarity about the levels of need to be met in mainstream education," as well as set out expectations for ordinary available provision. The new framework would be administered by a body known as the National Institute of Inclusive Education and operate as an "independent custodian" of standards, benchmarks and good practice.

Define what 'additional needs' means

The government should set a "national ambition" centred around inclusion principles. All policy dimensions concerning education, children's services, and additional needs should be reoriented to this outcome. This is underpinned by a view of the need to qualify "additional needs" and how these should be met by providing a consistent expectation of what schools can expect as inclusive practice.

Prohibit profits from state placements

Independent special schools should participate in local area strategic planning, offering a much higher level of specialist provision and expertise that complements the directly funded state sector. There should be "equivalent regulatory standards and funding" that would prevent profit-making from state-funded placements of children and young people with additional needs.

Core offer and new role for special schools

Build a new “core offer” of “specialist, multi-disciplinary support” for every school without requiring a statutory plan. Special schools should have a new role whereby they permeate the boundary of mainstream schools, sharing expertise and enabling staff and pupils to move between settings.

Reform the SEND statutory framework

Review the SEND statutory framework to provide a clear, consistent, resource-equitable, sustainable support offer for children with additional needs. Maintain a role for parental preference in admissions while clarifying the limits of individual choice and entitlement. Include independent, non-judicial mechanisms for dealing with disagreements about access to provision

Track progress after school

Each local authority area should have a "destinations and progression service" overseeing children and young people with additional needs as they transition to adult services and beyond. This service would provide additional support for two years post-transition and track outcomes and destinations.

Local inclusion partnerships

Create new 'local inclusion partnerships' comprised of council, health service and education representatives, and parents/carers forum representation to address strategic planning. The solution would be for these partnerships to have the power to use their national funds and local capacity to commission and establish state-funded provision that responds more meaningfully to local constituents.

Revamped workforce strategy

Develop a cross-government workforce strategy for inclusive education and additional needs, including adulthood preparation, to be led by the National Institute of Inclusive Education. This should specify the skills and practitioners needed to deliver the core wraparound targeted offer and advise on initial training and CPD content across the inclusive education workforce.

The DfE's annual report and the proposed reforms highlight the urgent challenges facing the SEND system and broader educational support services due to financial pressures on local councils. Addressing funding shortfalls and ensuring the sustainability of support services is crucial in improving educational outcomes for vulnerable pupils and maintaining parental confidence in the system. The recommended reforms aim to create a more inclusive and efficient educational framework that supports all students and stabilises local councils' financial positions.

Sara Spinks

SSS Author & Former Headteacher