Schools do break the law, every day. I’ve worked in mainstream secondary education for 20 years. Things have never been worse. There is not enough funding. There are woefully inadequate resources. The school I work in currently has to fight to get the EP in once or twice a year to see a handful of children.
EHCP applications are routinely turned down. In my borough, without a diagnosis, a child will not get one. It’s that simple. There are too many children WITH diagnoses fighting for one for the LA to be bothered to consider giving that money to those without.
Even for the children who get an EHCP, getting adequate funding attached and good quality expert advice written into it is very, very hard.
Then you have to look at how mainstream schools actually use the funding that comes attached to an EHCP. A lot of schools (I would say the majority of secondary schools) use the individual child’s funding to fund TA support that they then spread thinly among children without an EHCP, often without a diagnosis, but with significant needs.
Is this morally wrong? Is it illegal? Yes.
But this is the reality of mainstream SEND provision in England, at least.
In my experience, only children with vocal, educated parents who fight tooth and nail to get a diagnosis, get an EHCP and hold the LA and school to account at every annual review get the support they need and are entitled to.
It’s a bleak picture.