Navigating SEND Support Reforms: Accountability and Maladministration in DfE's New Press Release

The Department for Education (DfE) recently announced plans to expand specialist support for children with Special Educational Needs and Disabilities (SEND) in every school and community. This initiative aims to improve access to expert help and reduce the challenges families face when seeking appropriate support. As a parent and advocate for SEND young people, I want to explore how this new approach compares with current SEND Law, especially regarding the role of maladministration and accountability in the system. Understanding these elements is crucial for families navigating SEND support and for ensuring meaningful reform.

Specialist SEND support signage in a school corridor

What the DfE’s New Press Release Promises

The DfE’s announcement highlights a commitment to embed specialist SEND support in every school and community. This means:

• More specialist staff trained to understand and meet SEND needs.

• Improved collaboration between schools, health services, and local authorities.

• Better early identification of SEND to prevent delays in support.

• Increased funding to ensure resources reach the right places.

  
  

The government frames this as a step toward a more inclusive education system where children with SEND can thrive without facing barriers or delays.

How Current SEND Law Addresses Support and Accountability

The existing SEND legal framework, primarily the Children and Families Act 2014 and the SEND Code of Practice, sets out the rights of children and young people with SEND. It requires local authorities and schools to:

• Identify and assess SEND needs.

• Provide Education, Health and Care Plans (EHCPs) when necessary.

• Involve parents and young people in decision-making.

• Ensure timely delivery of agreed support.

  
  

Accountability mechanisms include:

• Mediation and tribunal processes for disputes.

• Ofsted inspections that review SEND provision.

• Local SEND forums where families can raise concerns.

  
  

However, many families report inconsistent experiences, delays, and difficulties in holding authorities accountable. This points to gaps between the law’s intentions and real-world practice.

Is Maladministration Mentioned in SEND Law or the New Reforms?

Maladministration refers to poor or unfair administration by public bodies, including delays, errors, or failure to follow procedures. In SEND, maladministration can mean:

• Delays in issuing EHCPs.

• Failure to provide agreed support.

• Poor communication with families.

  
  

The current SEND legal framework does not explicitly use the term maladministration but addresses related issues through complaint procedures and tribunals. Families can challenge local authorities if they believe the law has not been followed properly.

The DfE’s new press release does not mention maladministration directly. Instead, it focuses on improving support and collaboration. While this is positive, ignoring maladministration risks overlooking the need for stronger accountability and consequences when things go wrong.

Why Addressing Maladministration Matters for SEND Reform

For families, the impact of maladministration can be significant. Delays or failures in support affect children’s education, wellbeing, and future opportunities. Without clear recognition and action on maladministration, reforms may fall short.

Strengthening accountability means:

• Clearer standards and timelines for assessments and support delivery.

• Transparent reporting on performance and complaints.

• Independent oversight to investigate maladministration.

• Effective consequences for failures to meet legal duties.

  
  

These measures would help rebuild trust between families and authorities and ensure that reforms lead to real improvements.

Practical Steps for Families Navigating SEND Support

While reforms develop, families can take steps to protect their rights and advocate effectively:

• Keep detailed records of all communications, assessments, and support plans.

• Know your rights under the Children and Families Act and the SEND Code of Practice.

• Use local SEND forums and parent groups for advice and support.

• Consider mediation or tribunal if disputes arise.

• Raise concerns about maladministration through formal complaints and escalate if needed.

  
  

Being informed and persistent can make a difference in securing the right support.

What the Future Could Look Like

If the DfE includes stronger accountability and explicit recognition of maladministration in SEND reforms, families could see:

• Faster, fairer assessments and support.

• More consistent quality of specialist SEND services.

• Greater confidence that failures will be addressed.

• A system that truly listens to and involves families.

  
  

This would mark a meaningful step forward in transforming SEND support.

The DfE’s new press release signals a welcome focus on expanding specialist SEND support. Yet, without addressing maladministration and strengthening accountability, many families may continue to face frustration and delays. As a parent and advocate, I believe reforms must include clear mechanisms to hold authorities responsible when they fail to meet their duties. This will help ensure that children and young people with SEND receive the timely, effective support they deserve.

Over the coming weeks, we will publish:

• A breakdown of the white paper proposals

• What reform means for EHCP processes

• Practical guidance for parents in 2026

• What to watch for locally

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We are here to guide every step of the way.