SEND capacity issues leading to non-compliance
The Office of the Schools Adjudicator (OSA) has recently highlighted a growing trend of schools refusing to comply when they are named on a child's Education Health and Care Plan (EHCP).
It’s important to examine schools' reasons for non-compliance more closely, in the context of what has been described as a special educational needs ‘capacity crisis’.
A legal obligation
Educational provision is a crucial element of an EHCP, and the named school is responsible for admitting and supporting that pupil. Schools can object to being named on a plan during consultation, but once named, they have a legal obligation to admit that child.
Local authorities are expected to provide additional resources to schools where a pupil requires a particularly high level of support. However, with a significant increase in children being assessed as having special educational needs, schools and local authorities often face a shortfall in financial support or specialist resources.
A last resort
A lack of support is a significant concern for schools when failing to meet a child's needs may result in that child, other children, or staff being unsafe in school. Non-compliance with an EHCP, therefore, is often a last resort for schools that cannot educate a pupil safely without additional resources.
Although the OSA's comments reveal one side of the picture, we must consider the interconnected issues at play and examine how the system as a whole can expand its capacity to support every pupil in accessing education.
You may be interested in...
Legal Update
Funding withdrawn for trusts and academy conversions
Legal Update
Top five takeaways for schools on the Employment Rights Bill
Legal Update
Martyn's Law: A closer look at the UK's new proposed anti-terror measures
Legal Update
New High Court case on exclusion reconsiderations
Legal Update
Building an inclusive workplace: strategies for attracting and retaining disabled talent
Legal Update
New practical guidance on challenging Ofsted inspections
Legal Update
What will the new RISE Scheme mean for schools and academy trusts?
On-Demand
How schools can grapple with new employment law to thrive in a new era
Legal Update
Five steps to turn the tide on Subject Access Requests
Guide
New guidance for intervention in schools
Legal Update
Silence persists on gender questioning guidance for schools
Online Event
EdCon 2025
Press Release
Browne Jacobson comments on the government's announcement of tuition fee rises
Podcast - #EdInfluence
#EdInfluence podcast (series 4): In conversation with inspiring leaders
Online Event
Transforming tensions: A panel discussion on proactive complaints management
Online Event
Upcoming Autumn events for schools and academy trusts
Legal Update - Be Connected (higher education)
Be Connected: Higher education Autumn 2024
Legal Update
Supreme Court clarifies public authority liability: Police duty of care in negligence cases
Legal Update - Employment Rights Bill
Labour’s employment law reforms: Employment Rights Bill unveiled
Legal Update
Expanding the role of school attendance mentors
Legal Update
Working together to support student wellbeing
Online Event
Managing safeguarding allegations against staff
Legal Update - Procurement Act
Procurement Act delay: What’s the impact for higher education institutions?
Legal Update
Ten practical tips for universities handling judicial review cases
Legal Update
What the UK Covid-19 Inquiry means for higher education providers
Legal Update
When should a school add a pupil to its admissions register?
Legal Update
Attendance management checklist for schools
Legal Update
School exclusions guidance: Managed moves between schools
Legal Update - Be Connected (schools)
Be Connected (schools and academy trusts): October 2024
Legal Update
Share your thoughts on the changing shape of the education sector
Legal Update
Hybrid working, the right to flexible working and how to make it work for public sector employers
Legal Update
Raising standards with an updated Academy Trust Handbook
Press Release
Comments on the publication of Universities UK’s (UUK) report
On-Demand
School attendance: Getting to grips with the new regulations
Press Release
An interview with HSBC’s ex-commercial manager
Legal Update
Ofsted and intervention changes
Press Release
Comments on the publication of Ofsted’s new school inspection handbook
Legal Update
Interventions and penalties for school non-attendance
Legal Update
New attendance monitoring requirements for schools
