Send families 'systematically failed' by council

Mum-of-three Hayley says trying to secure special educational need provisions for her children has been "exhausting"

Parents of children with special educational needs and disabilities (Send) say statutory deadlines are being missed by the system designed to support them.

Only 6.5% of education, health and care plans (EHCPs), which are legally binding documents which set out the specific Send support individuals should get, were issued by Somerset Council within the statutory 20-week period last year.

Parent-led group Somerset Send Army said families have been "systematically failed" and their children forced into "unsafe or unsuitable provision".

The council said it was working hard to address a "very significant rise in demand" and was paying for external agencies to undertake EHCP assessments.

Hayley lives near Glastonbury with her three children who all have Send requirements - including autism, attention deficit hyperactivity disorder (ADHD), sensory processing disorder and anxiety.

The children each developed emotional-based school avoidance when their complex needs were not met in mainstream schools.

Hayley says the only way to make sure her children are getting all their needs met "is to be there consistently"

Hayley said she fought for four years to get her eldest son into a specialist school and is now homeschooling her two daughters while they wait for an EHCP.

"I've got no other option. I can't physically make them go in," she said.

"If I do that I'm causing more of a problem for them. They can't rely on the people they thought they could.

"It breaks the trust with the school and parents. They'll withdraw and it will take a lot of time to undo all that trauma."

Hayley said she has become a full-time carer while "chasing the council" to address delays.

"I could not even express how mentally and physically draining it is," she said.

"I feel so failed by Somerset Council, not only once, but three times now.

"When is it going to get better? How much do we have to break for them to help us?"

A spokesperson for Somerset Send Army said: "Families across Somerset are experiencing repeated breaches of statutory timescales and support plans not being delivered.

"Parents want lawful, timely decisions and properly funded support so children can attend school safely and thrive."

They added post-16 transport and safe access to education remain urgent issues.

Councillor Heather Shearer said delays were compounded by a national shortage of educational psychologists to conduct EHCP assessments

The council said it is dealing with 730 applications for ECHPs and 501 of them have been accepted to progress to assessment by an educational psychologist.

It said there has been a 40% increase in EHCP cases reaching this stage in the past year, while the average waiting time for an EHCP to be issued was 32 weeks.

Elsewhere, Bath and North East Somerset Council said 30% of assessments it completed were done within 20 weeks in the academic year of 2024-25.

North Somerset Council completed 95% of its EHCP assessments within the 20-week statutory timeframe.

To try to cope with the rising demand for special school places, Somerset Council has set up SEN units in mainstream schools.

The council has also repeatedly called for the way councils and the Send system is funded to be reformed by the government.

Councillor Heather Shearer, lead member for children, families and education, said a national problem recruiting educational psychologists to undertake EHCP assessments has compounded the problem.

'We're taking action'

In a statement, the Department for Education said: "This government inherited a Send system left on its knees, which is why we are engaging closely with children, parents and experts as we develop plans to ensure all children get the outcomes and life chances they deserve.

"We're already taking action to reform the system, including through improved training for teachers, £740m to help create more specialist school places and earlier intervention for speech and language needs – reassuring parents that support will be available as routine at the earliest stage."

The Labour government is expected to publish its Send reforms this autumn.