How can schools be held accountable by parents of children, who have SEN, but no EHC plan and in reality get no SEN support?
Parents can a formal complaint to the governors, for not using their best endeavours; and the governors can effectively ignore them. Then what can parents do really? Complaints to the Local Government Ombudsman take a long time, and the remedies go nowhere to make up for the child’s loss of education for years.
A claim of disability discrimination to the SEND tribunal achieves nothing. Apparently hearing dates now are being given for the end of next year. It’s very stressful for the parents and even if they win, at best, they’ll get an apology from the school; but the relationship with the school will have been destroyed. The parents will have to find a new school, with no guarantee, it will be any better.
This is why parents apply for EHC plan needs assessments; but LAs’ default position is to refuse the first time. Parents have to appeal to the SEN tribunal, which as above will take 18 months. Assuming the parents win, the EHC plan won’t be worth the paper it’s written on, when it’s issued. The parents will have to appeal to the tribunal again over the needs and provisions, or rather the lack of them in the EHC plan - which will take the parents another 18 months, stress and money on independent professional reports.
LAs flout SEN law every day on a massive scale, and the government does nothing to police them, because it comes down to lack of funding by the government. It’s left to individual parents to police them. Few parents (probably less than 10%) have the wherewithal, the stamina and money to fight for three years to get their children with SEN what they need in school - which is what LAs rely on to save money! Meanwhile, the children are left to struggle for another three years in school, on top of what has already been wasted, until the parents realise their child is having difficulty.
So the idea, children with SEN have legal rights and accountability in schools, which gives them an advantage over gifted and talented children is an empty promise at best, probably for 90% of them. It’s like the emperor’s new clothes!