EHCP Limited
Our objectives
Community Interest Statement:
Ensuring Timely EHCP Assessments and Effective Complaint Handling
Introduction
This statement highlights the significant community interest in ensuring timely assessments for Education, Health and Care Plans (EHCPs) in England and a robust system for handling complaints related to delays. Local authorities currently miss 49.7% of their legal deadlines for processing EHCP applications, which has a detrimental impact on children with Special Educational Needs and Disabilities (SEND) and their families.
In 2023 The Government reported that nearly 138,000 requests for assessments were made. 84,400 plans were issued and that 50.3% were issued within the statutory time limit of 20 weeks. Using this as an average, there were approximately 42,000 cases where the Local Authority acted unlawfully. Failure to issue an EHCP within 20 weeks, is just one of the timescales bound by law. There are many more.
We are also very concerned by the volume of applications for assessment that were refused by the local authority (using the above figures one child in three had their request for an assessment to see if an EHCP might be necessary, refused.)
We propose a two-pronged approach: ensuring timely assessments and a robust complaint handling system, alongside the introduction of an innovative online portal called SEND Strength™.
Negative Impact of Delayed EHCPs
- Educational Disadvantage: Delays in accessing an EHCP can hinder a child's educational progress. Without the necessary support outlined in an EHCP, children with SEND struggle to access the curriculum and participate fully in school life, leading to potential frustration, demotivation, and falling behind their peers.
- Increased Anxiety and Stress: The lengthy application process and uncertainty surrounding deadlines can cause significant stress and anxiety for parents and carers of children with SEND. This can negatively impact their mental health and well-being.
- Exacerbating Needs: Delays in receiving appropriate support can exacerbate a child's needs, potentially leading to a decline in their social, emotional, and mental health. Early intervention is crucial to address these needs and maximize a child's potential.
- Loss of Trust: Missed deadlines erode trust between families and local authorities. This lack of faith in the system can make it difficult for parents and carers to advocate for their child's needs effectively.
Negative Impact of Refusing an EHCP Assessment
While some families may hesitate to pursue an EHCP assessment, refusing one can also have significant negative consequences:
- Missed Opportunities for Support: An EHCP identifies a child's specific needs and outlines tailored support strategies. Refusing an assessment can mean missing out on crucial interventions, such as access to specialist teachers, therapists, or assistive technology.
- Limited Access to Funding: EHCPs unlock access to additional funding for schools and other providers to deliver the specific support a child needs. Refusing an assessment can restrict access to these resources, limiting the support a child can receive within the educational setting.
- Difficulties in Higher Education and Employment: An EHCP can provide a documented record of a child's needs, which can be helpful when transitioning to higher education or employment. Without an EHCP, securing appropriate support in these settings may become more challenging.
- Increased Parental Burden: The responsibility for advocating for a child's needs and securing appropriate support falls entirely on parents and carers if they refuse an EHCP. This can be a significant burden, especially for families with limited resources or knowledge of the SEND system.
Complaint Handling and the Ombudsman
Unfortunately, when families experience delays in EHCP applications, the current complaint handling process may not be efficient or transparent. This can lead to further frustration and a feeling of helplessness.
We believe a robust complaint handling system is crucial. This system should:
- Be clear, accessible, and easy to navigate for families.
- Provide timely responses and updates on the progress of complaints.
- Offer alternative dispute resolution mechanisms, such as mediation.
- Clearly outline the option to escalate unresolved complaints to the Local Government and Social Care Ombudsman (https://www.lgo.org.uk/).
The Ombudsman is an independent body that investigates complaints about maladministration by local authorities.
SEND Strength™: A Streamlined Approach
We propose SEND Strength™, an online portal designed to simplify the EHCP process and empower families:
- Online EHCP Applications: SEND Strength™ will offer a user-friendly platform for submitting EHCP applications electronically. This can improve efficiency and reduce processing times.
- Transparent Complaint Handling: The portal will integrate a complaint handling system, allowing families to submit concerns, track progress, and access resources about the Ombudsman process.
- Communication and Information Hub: SEND Strength™ will provide a centralized hub for clear communication on EHCP timelines, processes, and families' rights.
Benefits of SEND Strength™
- Faster Assessments: Streamlined applications can lead to quicker processing and reduced waiting times.
- Empowered Families: Online tools and resources can empower families to navigate the EHCP process more effectively.
- Improved Transparency and Accountability: A clear complaint handling system fosters trust and holds the local authority accountable for meeting deadlines.
Community Interest
Timely EHCP assessments and a fair complaint handling system are in the best interests of the entire community. Children with SEND deserve the opportunity to thrive in education and reach their full potential. By ensuring timely assessments and a robust complaint system, we can:
- Improve educational outcomes for children with SEND.
- Reduce the need for future interventions.
- Promote a more inclusive community.
- Empower families by giving them the tools and support they need to advocate for their child's education.
Call to Action
We urge the local authority to take immediate action to address the issue of missed deadlines for EHCP assessments and create a more effective complaint handling system. This includes:
- Reviewing current processes to streamline the application process and improve efficiency.
- Allocating sufficient resources for qualified staff to handle EHCP applications and complaints effectively.
- Providing clear communication to families about the application process, timelines, their rights, and the complaints procedure.
- Working collaboratively with parent and carer advocacy groups to develop solutions and ensure the voices of the community are heard.
- Publicising the role of the Local Government and Social Care Ombudsman as a resource for unresolved complaints.
· Develop and implement SEND Strength™ in collaboration with families and advocacy groups.
· Clearly communicate the launch and functionalities of SEND Strength™ to all stakeholders.
By working together, we can ensure timely EHCP assessments, a responsive complaint system, and a more efficient and empowering process for families through SEND Strength™ allowing them to manage their child’s EHCP throughout the life-time of the plan. This will create a positive impact for children with SEND in England allowing them to thrive in education and reach their full potential.
Our activities
We are in the process of building the portal SendStrength and we have a projected go live date of the bringing of April