SEND Provision and Education, Health and Care Plans

I am writing under the Freedom of Information Act 2000 to request the following information relating to Devon County Council’s
responsibilities towards children and young people with Special Educational Needs and Disabilities (SEND):

EHCP Timeliness and Refusals

1. The number and percentage of requests for an Education, Health and Care Needs Assessment (EHCNA) that were refused at the initial stage in each of the past three calendar years (2022, 2023, 2024).

This is publicly available information as published by the department of education at Education Statistics

We are unable to provide figures for 2024 as they will be published shortly (estimated by the end of June)

The Department may hold the information you requested, but it is being withheld because the Section 22 of the Freedom of Information Act applies to this information. Section 22 applies to information which is due to be published in the future.

In favour of release the Department recognises the general public interest in openness and transparency and the fact that this in turn increases public trust and understanding of Government workings and policies. However, in the circumstances of this case there are reasonable grounds to expect the orderly publication of information, early piecemeal disclosure would be likely to create disruption of planned release.

2. The number and percentage of EHCPs completed within the 20-week statutory timeframe for each of the past three years.

Please refer the response provided question 1 above.

3. The average time taken (in weeks) from EHCNA request to final EHCP issuance for each year.

 

This excludes those cases which have been through mediation or tribunal

 

Section 19 Education Act 1996 Provision

4. The number of children identified as requiring alternative provision due to being out of school in each of the past three years.

5. The number of such children who were provided with educational provision within 15 school days of notification (as per statutory guidance).

In response to questions 4 and 5, please see the table below:

Section 17 Children Act 1989 Assessments

6. The number of requests made for assessments under s.17 of the Children Act 1989 by families of children with SEND in each of the past three years. 

7. The number of s.17 assessments refused at the initial stage without assessment. 

8. The average time from referral to conclusion of lawful s.17 assessments. 

In response to questions 6-7, we confirm that we do not hold this information.

Legal Costs for SEND Appeals

9. The total legal spend (including internal costs and external legal representation) by Devon County Council in defending appeals to the SEND Tribunal (First Tier and Upper Tier) in each of the past three financial years (2021-22, 2022-23, 2023-24).

Please see the table below:

SEND Legal costs have already been asked off under FOI 18019592, see figures provided for this FOI

10. The number of appeals to the SEND Tribunal in each year, and the number where the parent(s) were successful in whole or in part.

Please see the table below:

Specialist Therapies Access

11. Whether Devon County Council currently commissions or funds direct access to:

Sensory Integration Occupational Therapy – No not as named – We secure OT who have a qualification in SIT

Specialist Speech and Language Therapy for autism/PDA – No not as named but we do secure Specialist SLT who work wit our ASD children

Emotional regulation therapy for autistic children – No not as a named therapy.