New research has laid bare the “postcode lottery” faced by children with special needs and disabilities (SEND).
In 2022, the percentage of vital education, health and care plans (EHCP) produced within 20 weeks in the North East of England ranged from 98 per cent to only 13 per cent, i can reveal.
Similar disparities are present in other regions, such as the North West and Yorkshire and the Humber, according to the report by the Centre for Young Lives in partnership with Child of the North.
Education Secretary Bridget Phillipson said the special needs system is “broken” and in “desperate need of a long-term renewal”.
“We agree that far too often education does not meet the needs of children with SEND and too few EHCPs are delivered on time,” she said.
It comes as a report published by the Local Government Association (LGA) and the County Councils Network (CCN) on Thursday said a £5bn debt crisis of special educational needs could “bankrupt” English councils.
The crisis comes from the failure to properly fund a huge increase in spending for SEND services in the past decade, triggering an “existential” crisis for some councils.
Government statistics show that half a million more children are now identified as having special educational needs since reforms to the SEND system in 2014, increasing pressure on councils across the country.
Former children’s commissioner Anne Longfield said there are “extreme differences” in how long it takes children to access support, adding that longer waits negatively impact attendance.
Ms Longfield, who founded the Centre for Young Lives, said: “Some young people have to wait literally years to get through that process meaning they won’t be in school often enough or they won’t be thriving in school.
“They aren’t getting the education which is there’s a right. The system is shutting them out because it’s not able to cope with them.”
Ms Longfield described the process of getting an EHCP as “traumatic” and called on the Government to “overhaul” it, replacing it with early intervention.
The vast majority of EHCPs for children with special needs are being processed late in some parts of the UK, with Newcastle Upon Tyne and Leeds being some of the worst offenders.
Councils have a legal time limit of 20 weeks, in most cases, to issue an EHCP after a parent or school applies for one.
But in 2022, only 49 per cent of EHCPs were produced within the 20-week statutory limit, rising by just one percentage point in 2023.
i can reveal that in Newcastle Upon Tyne, just 12.8 per cent of EHCP requests were processed in time in 2022, dropping to 6.5 per cent in 2023, according to data from the Department for Education (DfE).
In comparison, just across the river in Gateshead, the rate was 98.5 per cent in 2022 and 86.9 per cent in 2023.
Leeds shares similarly low rates with Newcastle Upon Tyne, with just 12.3 per cent of EHCP applications processed within the legal time limit in 2022, decreasing to 8.4 per cent in 2023.
But in nearby Calderdale, there is a much higher rate of 99.4 per cent in 2022 and 97.8 per cent in 2023.
What is an EHCP?
An EHCP is a legal document that describes a child or young person’s special educational, health, and social care needs. Parents must obtain one to be able to claim funding to provide that care.
Examples of extra support might include one-to-one lesson time, or help to learn at home for those with such complex needs that school is unsuitable.
Parents have previously revealed how the process of applying is stressful and lengthy – and is leaving their children neglected and falling behind in school.
The Centre for Young Lives report concludes there is a “clear postcode lottery in the timeliness in which EHC plans are produced”.
It says: “There is also considerable variability in the quality of EHC plans both across, and sometimes even within, local authorities.
“Often, plans are vague, and do not accurately describe the individual’s needs. Many plans appear generic and lack specific recommendations for support.
“This can be frustrating for both families and schools. In some cases, school staff and families also feel that it takes too long for plans to be communicated, meaning that CYP’s [children and young people’s] needs are not effectively met in the interim.”
Gillian Doherty, co-founder of SEND Action, said there are “huge discrepancies” in compliance with the statutory time limit for EHCPs, with some local authorities meeting deadlines and failing to complete any plans within the legal timescale.
She told i: “Failure to meet the time limit delays access to provision disabled children require to meet their needs, adversely affecting academic and other outcomes and contributing to escalating needs, as well as exclusions and difficulties with attendance.
“But it’s not just the timeliness of EHCPs that’s important; quality matters too. It’s vital that appropriate provision is clearly specified, quantified and delivered. Otherwise plans are worthless.”
Sue Peacock, a consultant offering a support service to parents of SEND children in the Wirral, said one of the EHCPs she is currently handling has taken 65 weeks so far – 10 months slower than the legal time limit.
She told i the delays have an “absolutely devastating” impact on families.
“With these delays, I’m seeing more and more children experience kinds of anxiety-based attendance issues and some children stop attending altogether,” she said.
Ms Peacock continued: “A large majority of the families that start by wanting the support in mainstream schools, regrettably, have to reconsider and their children do end up requiring special school placements.”
She added that that would be “wholly avoidable” with timely intervention.
Private schools have warned that the Government’s plan to tax private schools fees could exacerbate some of the issues facing pupils with special educational needs.
Census data from the Independent Schools Council (ISC), shared exclusively with i in May, showed that 111,154 pupils received SEND (special educational needs and disabilities) support in private schools in 2024, an increase of 7.5 per cent from last year and up 67 per cent on a decade ago.
The Government has stressed that its 20 per cent VAT charge on fees will not hit pupils with special educational needs who have their private school places funded by the state through Education Health and Care Plans (EHCPs).
These plans are statutory documents stipulating and guaranteeing the extra support that such children and young people are entitled to. But only 7,646 of the pupils receiving SEND support at private schools have the plans and the ISC raised the alarm about the other 103,508.
Labour has not outlined a clear timeline for its flagship policy but the independent sector had been working under the assumption it was likely to be introduced in September 2025.
However, education secretary Bridget Phillipson has refused to rule out introducing the policy in January, meaning fees could soar by up to 20 per cent in the new year.
But she has promised to address the SEND system, saying: “This government will take a different approach, whether it’s transforming the early years to intervene earlier and deliver better outcomes for children, or launching our curriculum and assessment review to put high and rising standards and inclusion together at the heart of every school.
“We will restore parents’ trust that their child will get the support they need in mainstream school, if that is the right place for them. And that there will always be a place in special schools for children with the most complex needs.
“We have a broken system in desperate need of long-term renewal. I won’t make false promises, change won’t feel as quick as parents – or I – would like. I will make sure our approach is fully planned and delivered in concert with parents, schools, councils, and everyone who works with children.”
What have the worst-performing councils said?
A spokesperson from Newcastle City Council the increase in the number of children with EHCPs is a “growing and significant issue for councils across the country”.
They said: “Newcastle City Council has seen a significant increase in the requests for statutory assessment over the last two years which is impacting on our processing time.
“We are working hard to rectify this issue and are committed to supporting all children and young people to achieve their potential and have the best start in life.”
They added that families and schools can access a range of services to support children while they wait, and that “significant work” has been undertaken to improve SEND provision. This includes increased educational psychology support, expanded capacity at special schools, and improved diagnosis pathways.
A spokesperson for Sefton Council said it is “committed to reducing the time families wait” for an EHCP but that they have a “higher than average demand” that increases each year.
The council said it has expanded its special educational needs team and has created over 100 new SEN school places from September to address the national shortage.
A spokesperson for Leeds City Council said the area has seen “significant demand pressures” over EHCPs, issuing over 900 last year – nearly three times as many as in 2022.
They said: “The council continues to invest significantly in improving our ways of working and has started a significant transformation programme which is now underway.
“We understand the impact of these delays on our children and families and are absolutely committed to working to improve these outcomes.”
Wirral Council’s director for children, families and education, Elizabeth Hartley, said: “We have a robust improvement plan for EHCP approved by the Department for Education currently in place as we continue to push ahead in getting better right across our SEND services for the children and families in Wirral who need this vital help.
“We are increasing service capacity across local area services and working consistently with our parent carer forum to drive improvement.”
In recent years Wirral has faced EHCP demand increases of 20 per cent year on year.