Chilren with SEN missing from Education

Hundreds of Children and Young People with Special Educational Needs are Missing from Education

You may have seen the news Children’s Commissioner, Dame Rachel de Souza, has commissioned a report looking at the number of children who are out of or missing from education in England. This report has shown that children with special educational needs make up 22% of the 2900 children not enrolled at a school or being suitably educated, including being educated at home. The Children’s Commissioner has stated that getting children back into education and addressing the SEN crisis is a key issue for her.

It is noteworthy that the percentage of children with special educational needs who are out of education does not include those who are recorded as being home educated. There are likely therefore to be many more children with special educational needs whose parents are forced to home educate them when there is insufficient provision or schooling for their child.

The findings of this report are reflected in the high number of SEND Tribunal appeals which we are assisting families with. Many of the children whose parents are forced to appeal local authority decisions to the Tribunal are out of education. This is highly concerning given that due to the increased number of appeals taking place, appeals can drag on for more than a year. This highlights the need for early intervention in order to remedy deficiencies in suitable provision and education for children with special educational needs and disabilities.

Within the report there is a clear identification that there is a special educational needs crisis in England. This is further supported by school leaders who have stated that special educational needs funding is a major concern for them. This is reflected in the fact that many local authorities are, and have been for many years, over their allocated budget for education spending. This is reflected in there being insufficient special school places for many children with special educational needs and Education Health and Care Plans (EHCPs).

The number of children with special educational needs and EHCPs is on the rise and yet there are significant issues for those children receiving suitable special educational provision and too fewer places in specialist schools for those who need them. Many parents are therefore seeking placements at independent specialist schools but are being forced to take local authorities to Tribunal in order to secure these places. Furthermore, some of these parents are being forced to home educate, whilst they appeal due to the lack of a suitable education placement or provision, offered by the local authority.

We recommend where possible early intervention in challenging local authorities’ decisions to refuse to provide an EHCP, or sufficient special educational provision once an EHCP has been secured. If you are a parent of a young person who is not receiving adequate support for their special educational needs, or you are concerned that your client is at risk of or is currently out of education, please do not hesitate to contact us to see how we can assist you moving forwards. You can contact the HCB Widdows Mason Education Department on 0333 202 7175 or alternatively email education@hcbgroup.com, for a free initial consultation regarding your concerns.