Councils' failings lead to lack of options for children with SEND, ombudsman warns

Personal budgets were introduced to give parents more choice and control over how children with educational, health and care plans (EHCPs) are supported.

But interim LGO Paul Najsarek found “common problems” across local authorities, which he says are failing to understand the personal budget process.

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This includes many councils failing to offer information to parents “that these budgets are even an option”.

One council failed to recognise a parent's request for funding as being for a personal budget.

Delays are also blighting parent's requests for funding. At one council this was while officials considered a parent’s request. Another was late making payments.

"Confusion” among councils around personal budgets is also leading to children missing school and accessing help, including behavioural support and specialist tutors, Najsarek says.

Parents are also “being left significantly out of pocket, struggling to fund provision which should already have been in place”, he warns, adding: “Parents are often best placed to understand their children’s needs.

“The use of personal budgets should allow councils and parents to act as equal partners to determine the support needed and how this is funded, but without this in place, parents can often feel left at the mercy of a system where systemic problems are compounded by a lack of understanding by those in power.

“The problems we uncover in our investigations about personal budgets is yet another facet of evidence that demonstrates just how fractured the system is for children and young people with SEND.

“Our evidence across the board suggests the system is in crisis.”

He is calling on the government to progress with planned reforms outlined in its SEND and alternative provision improvement plan, which was announced in March.

This plan promises to ensure parents “experience a less adversarial system and restore trust that their children will get prompt access to the support they need”.

Najsarek is also calling on council leaders to ensure parents “are given the freedom to choose how their children are supported”.

“The government has come up with proposals to improve the system, and it now needs to progress urgently with the reforms it has pledged to make in this year’s improvement plan,” he said.

“I would also urge council leaders to reflect on the practical learning the report offers to ensure parents in their areas are given the freedom to choose how their children are supported.”