Ombudsman calls for greater powers to investigate SEND complaints

In its triennial review, which sets out recommendations to improve its role in local authority accountability over the next three years, the LGO states that “there are definite gaps in redress” for families of children with SEND.

“We cannot look at the actions of the school in fulfilling an education, health and care (EHC) plan or concerns around SEND provision for children without an EHC plan,” it adds.

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It notes that a “high proportion” of complaints since 2019 about education and children’s services which were found to be at fault by the LGO involved issues over provision for children with SEND.

“This is consistently a high area of concern for us, with families sometimes having no route for redress, and a large amount of confusion about who to go to and when,” it adds.

According to the report, the number of children with an EHC plan has increased by 190,000 between 2015 and 2021, following the introduction of SEND reforms by the government in 2014.

The ombudsman highlights “complex reasons” behind the increase but states that a lack of legal protection, accountability and redress for those without an EHC plan is a factor.

“We could help address that pressure if we were given the ability to hold schools and academies to account when they fail to meet the needs of those children with SEND, but without an EHC plan,” the report states, adding that the LGO believes  legislation “should be amended to allow us to look at and remedy all aspects of non-appealable matters about the provision of services and support for children and young people with SEND”.

The recommendation has previously been supported by the education select committee. 

A 2019 report by the committee’s SEND inquiry said that the Department for Education “should, at the earliest opportunity, bring forward legislative proposals to allow the ombudsman to consider what takes place within a school, rather than - in his words - only being able to look at 'everything up to the school gate'”.

The call comes days after children's minister Will Quince told the committee that the long-awaited SEND review would be published alongside a corresponding green paper in spring next year.

The ombudsman is also calling for changes to be made to legislation which would allow parents, pupils, and carers the right to an independent LGO investigation over complaints that have not been adequately resolved by their school and the extension of powers for admissions, admission appeals and exclusion appeal cases to cover free schools and academies as well as maintained schools.