Local Authorities Must Be Held to Account — Time for Reform in SEND

Rebekah Advocate
Oct 30
4 min read

Introduction

As a parent advocate and SEND specialist, I am constantly engaging with families whose experiences echo those described by Chris Coghlan MP in his recent article: the systematic failure of local authorities to uphold statutory rights under the Children and Families Act 2014 and the SEND Code of Practice. Special Needs Jungle The article lays bare how children with SEND are being let down — through lawbreaking, gaslighting and lies — and how the scale of this issue goes far beyond isolated cases.

In this blog, I want to unpack Chris’s key points, link them to what I see working on the ground, and discuss what this means for parents, schools, and local authorities moving forward.

What the article reveals

Chris Coghlan has gathered over 600 family testimonies from 114 local authorities describing unlawful or harmful conduct in SEND provision. Special Needs Jungle: Some of the key themes:

Mis-representation, rewriting of records, ignoring court orders: Parents report that professional reports are ignored or deleted, advice overwritten, and safeguarding referrals misused.
Prolonged delays, lack of education, mental health crises: Children are left without education for months or years, pushed into suicide attempts and crises because of failure to act. Special Needs Jungle
Politicians hesitate to call out local authority misconduct: Because it risks criticising one’s own party, or is excused by claims of “financial pressure”. Special Needs Jungle
Rights-dilution proposals while practice is already broken: While many local authorities are failing to deliver existing legal duties, the government is considering changes that would weaken rights further. Special Needs Jungle

Chris argues that this is not simply a compliance issue; it is a design failure. The system’s architecture allows (and perhaps incentivises) local authorities to act outside the law rather than within it. Special Needs Jungle

Linking to my experience

Working with highly vulnerable children and families for fifteen years, I have seen many of the patterns that Chris describes:

Families who are still fighting for a finalised EHCP after more than a year, despite a clear need.
Local authorities who respond to requests for provision by offering generic “one size fits all” measures rather than bespoke, quantified support.
Letters and meeting minutes that do not reflect what the child actually needs or what has been agreed.
Repeated cycles of tribunals, legal advice, delay and distress — and yet the underlying system remains resilient to change.

If one in ten families tells the same story of systemic failure, then for the thousands of children with an EHCP across England, the problem is vast. And when you overlay neurodivergence, trauma, complex mental health or multiple diagnoses (as is the case for many of the young people I support), the consequences of failure become even more acute.

Why this matters

Legal rights matter — The Children and Families Act 2014 and the SEND Code of Practice set out statutory duties. These are not optional. Chris emphasises this: “These rights must not be weakened, devolved or made discretionary under any guise of simplification or efficiency.” Special Needs Jungle
Early, lawful intervention is an investment, not a cost — Chris points out that every pound spent early yields multiple returns; treating SEND as a cost rather than an investment leads to greater long-term harm. Special Needs Jungle
Family voices must be central — Too often the lived experience of children and parents is sidelined or treated as anecdotal rather than evidence. Chris argues for placing them “at the very centre of policy design and decision-making”. Special Needs Jungle
Accountability is weak — When councils are accused of rewriting records, ignoring orders, or avoiding complaints, the children’s lives are impacted are invisible in the structure of accountability. Special Needs Jungle

What must change — and fast

From the article and from practice, here is what I believe must change:

Transparency and monitoring of local authority decision-making: We need open data and audit trails showing how decisions are made, how legal duties are discharged, and where failings occur.
Robust enforcement mechanisms: It’s not enough simply to require compliance; there must be consequences when a local authority fails children.
Strengthening rather than diluting rights: Any SEND reform must build on the legal basis, not erode it.
Inclusion of lived-experience evidence in reform: Policy must be informed by the parents, carers and children who navigate the system every day.
Culture change in local authorities: From systems of avoidance and delay to systems of service, support and co-production.

A word to parents, schools and professionals

Parents: Know your rights. Be persistent. Document everything. You are not alone and your voice is powerful.
Schools and professionals: Understand the children deeply. An EHCP is more than a document; it is the vehicle to access specific, measurable, time-bound provision.
Local authorities: Recognise that governance of SEND is not just process-compliance—it is moral and legal obligation towards children whose futures depend on it.

Conclusion

The article by Chris Coghlan MP is a clarion call for action. The evidence is overwhelming that children with SEND are being failed — not because the law is weak, but because it is being undermined from within. As someone deeply involved in this arena, I believe we must respond by demanding more from the system. Reform must not only talk about change — it must deliver it.

I will continue to stand alongside parents, working for EHCPs that are legally robust, outcomes that are SMART, and provision that is clear, quantified and effective. Let’s use this moment to push for real change.

If you would like help understanding how this article impacts your child’s case, or how to link these systemic issues into your next EHCP review or complaint process, please feel free to reach out.

Rebekah HerbertIndependent SEND Advisor | Parent Advocate