Barrister to investigate Hertfordshire County Council's special education plans amid concerns of parents

A leading barrister is to conduct a six-week review into how applications for Education Health and Care Plans (EHCPs) are dealt with by Hertfordshire County Council.

EHCPs are legally binding documents that set out the special education health and care needs of a child or young person – as well as the extra help and support they will need to overcome barriers to learning.

But the Local Democracy Reporting Service (LDRS) understands concerns have been raised about the number of applications that are turned down at the first stage of the EHCP process – BEFORE reaching the assessment stage.

And now barrister Leon Glenister has started a six-week independent review – that is expected to focus on this initial stage of the EHCP process.

According to county council data, 30 per cent of EHCP applications – that’s almost one in every three – made since September (2023) were NOT progressed to the assessment stage in Hertfordshire.

But where parents have challenged the council’s ‘refusal to assess’ at Tribunal, data from September 2021 onwards shows that the vast majority (81 per cent) have resulted in the application then progressing to assessment.

According to the county council, the aim of the review – which is expected to cost the council around £30,000 – is to report on the operation and effectiveness of the education health care needs assessment process, as well as potential improvements.

It will examine the council’s initial decision-making on whether or not to assess a child or young person and look at appeals against refusals to assess, as well as the subsequent completion of the needs assessment.

The launch of the review comes less than a year after an inspection by OFSTED and the Care Quality Commission found ‘systemic failings’ in the provision of SEND services in the county.

And according to council officials it has been prompted by allegations of ‘systemic failings’ made by a parent in the High Court last year.

“Hertfordshire County Council have commissioned an Independent Review to examine a key aspect of the Education and Health Care Needs Assessment process,” a spokesperson for the county council told the LDRS.

“This decision arises from comments made by a parent of a child whose assessment in early 2023 was subject to delay and subsequently granted.

“The parent raised wider questions about specific aspects of HCC’s decision-making process in relation to EHC Needs Assessments. The parent felt that there were systemic failings within the process.

“In light of the comments made by the parent we concluded that an Independent Review, (IR), of the specific issues raised was an appropriate way to establish the facts and identify any areas for potential improvement.

“This will align with the improvement work already underway following the additional investment made by the council and subsequent Ofsted inspection in 2023.

“HCC has sought to work in collaboration with the parent to reassure them and other parents of HCC’s ongoing commitment to ensure that the SEND process is improved.”

The ongoing review will be highlighted to a meeting of the council’s education. libraries and lifelong learning cabinet panel on Wednesday (17 April).

And according to county council officials there is an intention to publish the findings of the review and any recommendations, when it is complete.

“As a responsible Local Authority, HCC is constantly striving to improve its SEN offering and shall, subject to any legal restrictions, in due course seek to publish the review findings and any recommendations,” the council spokesperson has said.

According to the report that will be presented to councillors on Wednesday, latest data suggests 2854 requests for EHCPs were made in Hertfordshire last year (2023) – with 1928 progressing to assessment.

And it says the council is now agreeing to assess more children and young people than it had in previous years.

Since September (2023) the data suggests 70 per cent of EHCP applications were progressed to the assessment stage.

In the 2022/23 academic year, according to the report to the cabinet panel, that figure was as low as 53 per cent.

For those applications where an assessment is refused parents can challenge the decision – informally and formally.

And according to the council report, informal conversations and additional information leads to 21.9 per cent of applications that have been initially turned down being resubmitted or reconsidered and put forward for assessment.

Meanwhile, according to the report, since September 2021, there have been 310 parents who challenged the council’s ‘refusal to assess’ at Tribunal.

Eighty-one per cent of the appeals for ‘refusal to assess’, it says, resulted in the council conceding the appeal or ruling in the parent’s favour.