Overstretched councils 鈥榮et up to fail鈥� in SEND crisis, report reveals
As the government considers future reforms to services for children with special educational needs and disabilities (SEND) in England, a has highlighted the pressures facing overstretched councils trying to deliver this support - and warns that many are being 鈥榮et up to fail鈥� by the system.
Funded by the Nuffield Foundation, the research - led by The University of Manchester鈥檚 - examines how local authorities respond to recommendations from the Local Government and Social Care Ombudsman (LGSCO), which investigates complaints from families when SEND provision goes wrong. It also sets out a range of recommendations to help strengthen the system.
Behind the statistics are families navigating delays, uncertainty and missed opportunities. The study highlights how waits for assessments and gaps in support can have a huge impact on young people鈥檚 education and wellbeing.
Professor Thomas, an expert in public law, led the research using interviews with SEND professionals across England alongside analysis of Ombudsman cases. His work reveals a system under huge strain, where demand has surged but resources have not kept pace with the increase.
Councils are often trying to do the right thing in difficult circumstances. The Ombudsman plays an important role in identifying problems and driving improvements, but many issues stem from wider national challenges that local authorities cannot fix on their own.
The study found SEND complaints make up 27% of the complaints received by the LGSCO and 48% of the cases that it upholds. Common issues include delays in carrying out Education, Health and Care Plan (EHCP) assessments, and failures to deliver the support children are legally entitled to.
Despite these challenges, the research also points to the impact of the Ombudsman鈥檚 work. Its recommendations can help councils identify problems, strengthen accountability, and push for improvements that benefit families.
In some cases, the findings have empowered local officials to argue for more resources or rethink how services are delivered - however, the report also highlights limitations including the time and capacity required to respond to investigations, and repeated recommendations on issues councils recognise but lack the means to resolve.
A key gap identified is that the Ombudsman cannot investigate complaints directly against schools - even though they play a central role in delivering SEND support - which can leave families without clear routes to resolve issues.
The report sets out recommendations to strengthen the system, which include extending the Ombudsman鈥檚 powers to cover schools, raising awareness of joint investigations with health bodies, and improving communication between councils and the Ombudsman. Crucially, it emphasises that meaningful reform must address underlying pressures on the SEND system, including funding shortages and workforce gaps.
鈥淭his research comes at a key moment for SEND system reform,鈥� said Ash Patel, Programme Head for Justice at the Nuffield Foundation. 鈥淭he Government鈥檚 intention to improve complaints and mediation processes - enabling faster and more collaborative, resolution of disagreements and reducing the need for appeals to the SEND Tribunal - is welcome. However, the proposals are silent on the role of the LGSCO, and it remains frustratingly unclear how disputes will be avoided or how routes for appeals and complaints will operate.鈥�
鈥淭he report points to high levels of tension between the education system and families of children with SEND; without greater attention to minimising these conflicts, it is difficult to see how existing pressures on complaints and appeals will ease.鈥�