Reforming the SEND system – for good

In the previous post, I claimed that teacher training and targets were two factors that explained why the current SEND system couldn’t work  –  and why it has never worked effectively.  In this post, I’ll explain my claims about teacher training and targets and suggest how the SEND system could become both effective and sustainable.

 Teacher training

For any system – education, health or social care – to meet the needs of a varied population, two ingredients are vital; expertise and flexibility. Practitioners need the knowledge and experience to deal with any needs they might encounter and the system has to be able to adapt to whatever needs arise.

Bizarrely, teachers have always been expected to teach the 98% or so of children who attend mainstream schools, but have only ever been trained to teach the 80% who don’t have SEN, not the 20% who do. And since funding was withdrawn for special education Master’s degrees in the mid-1980s, SEN expertise has gradually leached out of the education system as a whole as special education teachers have retired. It’s only since 2009 that new SENCOs (special educational needs co-ordinators) have been required to be qualified teachers, and only recent appointees are required to have SEN training. There is still a massive gap in SEND expertise within the education system. How can teachers teach children if they don’t know how to meet their educational needs?


Setting targets sounds like an obvious way to improve performance. You set the target, expect someone to meet it whatever that takes, and provide some sticks and carrots for their encouragement. Targets, accompanied by sticks and carrots, were part and parcel of the early education system but were abandoned because they didn’t work.  And as quality control researchers have been telling us since at least the 1920s, performance depends on the factors that contribute to it. In the current education system, the measure of school performance is actually pupil performance in SATs or GCSEs. But how children perform in tests is influenced by many factors; their health, family circumstances, life events, quality of teaching, their own learning etc. Schools have little or no control over most of those factors, so to measure school performance by pupil performance in tests is pointless.

Despite the evidence, the current education system still sets targets.  And the sticks and carrots expected to encourage schools to raise their (pupil) performance mean that there are no incentives for a school to invest resources in the education of students who are unlikely to improve the school’s test results. If students aren’t going to meet the ‘expected standard’ however hard they or the school try, why invest resources in them? Why not focus on the children likely to meet the ‘expected standard’ with a bit of extra effort.

So, teacher training and targets have been major factors in marginalising the education of children with SEND. But even if the government had a forehead-slapping moment, cried ‘How foolish we’ve been!’, required all teachers to be trained to teach all the children in their classes, and abandoned its ‘expected standards’ criteria, it would take years to transform the system into a SEND-friendly one. Children with SEND don’t have years to spare and their parents have to deal with the here and now. So what needs to be done?

Parents can’t police the system

This post was prompted by a recent conversation I had with a parent carer forum. The parent carer forum was of the opinion that parents with good knowledge of the national framework and their local offer can use that knowledge to get commissioners and providers to make suitable educational provision for children.

It’s certainly true that knowledge of the national framework and the local offer (however incomplete) can help. How effective it is at getting commissioners and providers to meet their statutory obligations is another matter. Since the new system was introduced, I’ve been told repeatedly that it’s improved outcomes for parents and children. Maybe – but I have yet to see any. What I have seen is parents who know the national framework backwards having to resort to mediation, tribunal, formal complaint, the Local Government Ombudsman and in some cases being advised that their only option is Judicial Review – exactly the kind of problems that prompted the revision of the SEN system in 2014.

Until I had the conversation with the parent carer forum, I’d assumed these hurdles were the unwanted and unintended consequences of flaws in legislation that had been rushed through (the pilot study didn’t finish until after the legislation came into force). Then the penny dropped. The only explanation that made sense was that individual parents challenging commissioners and providers is the government’s chosen method of enforcing the new legislation.

That’s a terrible way of enforcing legislation.  For many parents of children with SEND, it’s as much as they can do to hold the family together. To expect parents in already challenging circumstances to police a flawed system that was rushed through at a time when LAs are struggling with huge budget cuts is, to put vulnerable families in harm’s way. Not only is that strategy likely to fail to bring about compliance on the part of commissioners and providers, it’s morally reprehensible.  For 150 years, if a school failed a child parents have been able to appeal to school boards, independent governors or their LEA for support. Not any more. Parents (and children with SEND) are on their own.

What needs changing and who can change it?

The system still needs to change and if parents don’t change it no one else will, so what to do? Since my family entered the SEN ‘world’ 14 years ago, I’ve seen parents fighting lone battles with their LA; the same battles replicated hundreds, if not thousands, of times. I’ve seen parents new to the system set up support or campaign groups only to discover they are just one in a long line of support or campaign groups that have either burned out or at best brought about change that hasn’t actually made much difference on the ground.

What the individual parents and campaign groups have lacked is focus and organisation. I don’t mean they’ve been unfocussed or disorganised; some of them could focus and organise for England. And there’s no doubt that parent groups were instrumental in getting the SEND system changed. It’s rather that there’s been a lot of duplication of effort and the focus has been on single issues or fighting on all fronts at once rather than on the key points in the system that are causing the problems.

I think the key points are these;

  • Mainstream teachers should know how to teach all the children in mainstream schools.
  • Each child needs an education suitable for them as an individual rather than for the average child in their age group, as the law already requires.
  • Assessment and funding should be the responsibility of separate bodies – the new legislation didn’t do away with the LAs’ conflict of interest.
  • There should be an independent body (with teeth) responsible for implementation and compliance that should support parents in their dealings with commissioners and providers. Parents should not have to resort to legal action except in extreme cases.
  • Parents struggling with the system need more support than they are currently offered. A buddying system matching up parents in similar positions dealing with the same local authority might help. As would training in negotiation.

Much of the negotiation undertaken by individual parents and parent groups is with schools, LA officers or the DfE. And problems with the SEND system are generally seen not as being with the structure of the education system or the SEND legislation, but with implementation. But the problem runs deeper than implementation, and deeper than the SEND legislation. It lies with the structure of the education system as a whole, and with the market model espoused by successive governments. Instead of lobbying LA officers and DfE officials who are trying to implement the law as it stands, groups of parents should be lobbying their local councillors and MPs to ensure that teachers are suitably trained, arbitrary targets are abandoned, and responsibility for implementing the system is distributed more widely. These changes won’t require significant new legislation, but they might require a big shift in thinking.