What a mess. Underlying the government’s Green Paper SEND Review – right support, right place, right time (publishing.service.gov.uk) published yesterday is a feeling that without a strong middle tier there can be no overall management of a SEND system to help our most vulnerable young people.

The DfE has recognised the need for a regional tier – that’s not up for consultation – but the Green Paper is weak on exactly what the structure below that would look like. With no coherent local government system in place across England, it will be a challenge to create a system that works effectively at the sub regional level, especially where rural ‘donuts’ surround urban unitary authorities. Schools Forum don’t seem to even receive a mention in the Green Paper, despite holding the purse strings for schools in general through the DSG. Will a hard Funding Formula make them little more than a talking shop?

The aspirations to make the NHS play the part designated for it in 2014 with the creation of EHCP is to be welcomed, although it will be interesting to see how general practice and the hospital sector step up to their responsibilities. Still, new data sharing arrangements are long overdue between health and education.

There is little said in the Green Paper about reform of the SEN Tribunals that almost unanimously find, at least in part, in favour of parents. What may be needed is an approach similar to civil court personal injury compensation, where judgements are set down, if necessary, by the high court, and only new conditions or cases need to go to a Tribunal. Saying ‘no’ all the way to the door of the Tribunal, possibly to save a local authority money should be a thing of the past. Such a system won’t be easy to create, but the present system places intolerable burdens on families in terms of both financial and emotional demands.

The Green Paper accepts that alternative provision is a mess, but doesn’t really identify the causes of the mess and which parts work well. If anything, this is an area where my suggestion of multi-purpose practices of teachers might work well and bring fringe activities within a regulatory framework. All pupils should be on a school roll until 18. Off-rolling should be a positive decision that for teenagers needs to be carefully scrutinised as to why ‘now’ and not earlier in a child’s educational journey. The child’s voice must be part of the decision, however uncomfortable that might be for some parties to that child’s education.

Hovering over all the good intentions is the spectre of funding. Perhaps this is why it is a Green and not a White Paper. Unless the Treasury finds the cash for a better system ‘fine words will butter no parsnips’ as the old saying goes.

More young people are been identified as requiring different approaches to learning than the average child and it is interesting that ‘gifted’ children no longer form part of the SEND agenda. However, an education system based upon the needs of every child is expensive and needs good coordination. The aim is there, but it will be well into the autumn before we see the result of this consultation and thus 2025 before any significant outcomes that don’t need legislative change. For changes requiring legislation it seems unlikely anything will happen this side of the next general election.