Independent review into EHCP process in Herts published

An independent review has acknowledged that Hertfordshire County Council is “on an improvement journey” in relation to special educational needs and disability (SEND) services.

But, it says, “this does not mean all the problems have been fixed”.

The review – led by barrister Leon Glenister – was commissioned by the county council to review the Education, Health and Care Needs Assessment (EHCNA) process.

And earlier today (July 2) Mr Glenister’s report – which includes 17 recommendations – was published by Hertfordshire County Council.

In the report Mr Glenister says he does “not think there is any doubt that there have been historic failings of the council in respect of the EHCNA process”.

But he does say that he has “come away from this review with an overall positive view of the council’s direction of travel”.

He suggests that data “still shows a sizeable cohort who are still being failed by the systems in place”.

But – after pointing to the £7m investment the council has made in SEND services – he says “the infrastructure is now in a good position to maintain the improvement seen thus far at a good pace”.

As part of the review Mr Glenister looked at a number of areas in relation to the the EHCNA process, including the time-frame and the decision-making process.

An EHCNA is the first stage of the process for parents seeking an Education Health and Care Plan (EHCP), which sets out the needs of a child and the extra help and support they will need to overcome barriers to learning.

The independent review also looked at the subsequent  completion of those EHCPs.

With regard to EHCNA delays, the report suggests that historic delays were due to capacity in the system.

And it says that 97.4 per cent of decisions on whether to carry out an assessment were now being made within the statutory six week time frame.

With regard to the decision-making process, the review considered concerns raised about the “large” number of appeals against the council’s refusal to carry out EHCNAs.

And it noted that some parents had suggested there was a deliberate policy to apply too high a threshold in order to save money.

In the report Mr Glenister suggests that he has researched this particular assertion “extremely thoroughly”.

But he says he has concluded that there is “no such policy”.

Meanwhile the review also looked at the council’s performance in issuing completed Education Health and Care Plans within the statutory 20-week time-frame.

According to data published in the report, just  40.2 per cent of EHCPs issued by the county council were issued within 20 weeks in 2023 – compared to 50.3 per cent nationally.

But in the early months of 2024 (to May) it’s reported that that increased to 54 per cent.

And whilst recognising the improvement in his report,  Mr Glenister  acknowledges, “there is still a big gap between current performance and meeting its statutory duty”.

In the report Mr Glenister suggests that for an EHCP to be issued within 20 weeks a number of workstreams need to function effectively.

He says the council had invested to ensure the infrastructure was in place for those workstreams to function effectively .

However he did highlight the education psychology service – accepting that they had taken “purposeful measures” to address delays, but were “at an earlier stage than the other services”.

Following the publication of the review on Tuesday (July 2) the council’s interim chief executive Scott Crudgington acknowledged that it will take time for parents and carers to experience the “consistent improvement” in the service.

He said: “We value this independent review of our processes and practices in relation to the decisions we make during EHC needs assessments and we hope families will feel reassured that early improvements are being seen.

“We recognise that it will take time for families to experience a consistent improvement in our service and we’ve got work to do to re-build trust with them.

“We would like to thank parents and carers who provided feedback to inform the review and we will continue to work and communicate regularly with our parent community.”

Meanwhile Dame Christine Lenehan, independent chair of the SEND partnership’s multi-agency improvement board, said: “I would like to thank Mr Glenister for this excellent report which shows the progress Hertfordshire are making and the recommendations which will further improve the service offered to families.

“This marks an important step on the improvement journey.”

According to the  review,  the council should implement the 17 recommendations included in the report within eight weeks.