Special Needs – is nothing new?

Serendipity is defined as a fortunate finding of something unexpected. The origin of the term is credited to Horace Walpole. Earlier this afternoon, while waiting for some data on ITT statistics from the early 1990s that were being brought up from the reserve stacks of a library, I browsed through a bound volume of the TES for March 1991 that happened to be available.

The TES for the 22nd March 1991 contained a report of the annual conference of educational psychologist, the spring being education conference season even then. The report contained the following report

The government confirmed that there has been a widespread increase in the number of children referred for special help to support the claims of educational psychologists who believe that their numbers have increased by 50%. … Anthea Millett HMI for special needs said many local authorities reported an increase in referrals for assessment by educational psychologists.’ (TES 22/3/91 page 3)

One reason suggested was that as schools were becoming liable for their own budgets under local management of schools that had been set out in the 1988 Education Reform Act, schools were more anxious to obtain the statutory help that a statement of special needs brought with it.

Interestingly, in 1990, over 100 MPs had signed an Early Day motion in the House of Commons to the effect that ‘many children in urgent need of help and advice from an educational psychologist are waiting unacceptable lengths of time’.  (TES 22/3/91 P3)

In an editorial in the same edition as the news item referred to above, it was claimed that devolution of funds to schools had exposed the crudeness of existing formula for special needs that had made proper funding for children with special needs a lottery for schools, and that the 1988 Education Reform Act had not paid attention to the needs of children with special needs. The prediction that children with special needs would be a casualty of the Act was now coming true.

All of this seems very reminiscent of the current situation of a growth in demand and concerns over the funding for that growth, as does the analysis in the editorial that devolving funds to schools had allowed schools to identify many children with needs not being met that required extra funding.

As the editorial concluded, ‘The pre-LMS discretionary targeting of resources by LEAs according to putative need was often little more than a system of rationing inadequate funds. Those with the most efficient advocates or most obvious handicaps (sic) got first pickings. The rest got little or nothing – often not even a proper assessment.’ (TES 22/3/91 P21)

Reading this bit of history, reminded me of the present explosion in demand for EHCPs as schools struggled with demand they felt was not funded. This time around, local authorities faced with the 2014 Act opted for running up deficits rather than rationing, except that is by using the NHS favoured outcome of rationing by waiting time for assessments.

One wonders what the government has learnt about special needs funding over the past 35 years, and what the White Paper will do? Will it just tell schools to devote more of their resources to dealing with the issue? Or, will there by more cash – this seems unlikely, but one can but hope.

Think Tank weighs in on SEND

Policy Exchange, the Think Tank that describes itself as ‘the UK’s leading think tank’, and ‘an independent, non-partisan educational charity whose mission is to develop and promote new policy ideas that will deliver better public services, a stronger society and a more dynamic economy.’ Has published a new report on SEND, with a foreword by a former Conservative Chancellor of the Exchequer.

The report contains a great deal of interesting evidence, much of which will already be know to anyone that has been involved with the emerging crisis in SEND that was already apparent from well before the covid crisis hit in 2020. Policy Exchange – Out of Control

A telling paragraph in the report lays bare the need for action

The SEND system established by the Children and Families Act 2014 and the 2015 SEND Code of Practice is inefficient, ineffective and has failed to deliver improved outcomes for children with SEND. Fundamental flaws have created perverse incentives for actors in the system. The current SEND regime was designed to support a much smaller number of acute cases. It has failed to adapt to changing social definitions of SEND that have widened demand. Instead, the concentration of resources and bespoke support at the top end of the spectrum has prompted an escalation of needs which has overwhelmed the system and undermined its long term sustainability. (Page 66).

The paragraph leaves one wondering why the Conservative government that was responsible for the 2014 Act didn’t take action to deal with the problem when in office?

In December 2018, I wrote a blog SEND on the agenda again | John Howson drawing attention to a report from the Local Government Association. There was already concern in local government circles about what was happening in SEND. It is worth repeating the key points from the LGA report.

Addressing the points raised in paragraph 17 of the Report would go a long way to creating a sustainable and successful system for young people with SEND.

  1. To create a more sustainable funding settlement going forward there may be merit in considering some key questions around how incentives in the system might be better aligned to support inclusion, meet needs within the local community of schools, and corral partners to use the high needs block to support all young people with SEND as a collective endeavour. These might include
  2. setting much clearer national expectations for mainstream schools;
  3. rethinking how high stakes accountability measures reflect the achievements of schools which make good progress with children and young people with SEND or at risk of exclusion;
  4. correcting the perverse funding incentives that mean that it can be cheaper to pass the cost of an EHCP or a permanent exclusion onto the high needs block than making good quality preventative support available in-school;
  5. looking again at the focus and content of EHCPs to afford greater flexibility to schools in how they arrange and deliver the support needed;
  6. providing ring-fenced investment from government designed explicitly to support new and evidence-based approaches to early intervention and prevention at scale;
  7. providing additional capital investment and flexibility about how that can be deployed by local government;
  8. issuing a national call for evidence in what works for educating children and young people with these needs, backed up by sufficient funding to then take successful approaches to scale and a new focus for teacher training and ongoing professional development;
  9. more specific advice for Tribunals, parents and local authorities on how the test on efficient use of resources can be applied fairly when comparing state and non-state special school placements; and
  10. reaffirming the principle around the equitable sharing of costs between health and education where these are driven by the health needs of the child or young person.   

https://www.local.gov.uk/have-we-reached-tipping-point-trends-spending-children-and-young-people-send-england

Failures by the conservative government up to 2024 to provide enough educational psychologists to meet the growing demand, and to not index-link the basic grant to schools helped produced a system where the explosion in demand broke the system.

While any report with an analysis of the problem and suggestions for how to tackle it, ahead of the present government’s White Paper, is welcome, we should not have reached the current position.  

One final point, the report seems light on the issue of training for all staff from TAs to teachers to school leaders. The lack of an appreciation of the needs of those that work in schools has been another feature of the long period of Conservative government.

I look forward to see what the Labour government’s White Paper will suggest when it appears.

Is VAT affecting private school results?

It might well be a bit of a stretch to believe that the effect of VAT being imposed on private schools in January 2025 is responsible for the decline in the percentage of pupils in such centres awarded Level 7 or above in GCSE level qualifications in some subjects this year, but, interestingly, there has been a decline in the percentages awarded Level 7 or above in some key subjects in such centres.

The subjects include: biology; business studies; chemistry; citizenship; drama; England; English Literature; mathematics; physics and social sciences. Most of the falls are probably not significant, being only a matter of a decimal point or two, and thus within the expected margin of error. Indeed, in most subjects the percentage gaining level 7 of above is still higher than in 2019, before covid struck.

This year, although physics dropped from 60.8% in 2024 to 60.0% in 2025, and mathematics from 33.5% to 32.0% – subject where percentages in the public sector schools generally increased, although they still remain well below the percentages achieved by the private sector centres. In both subjects the private sector percentage was above the 2019 outcome. In mathematics, it might be that 2024 was ‘a good year’, and 2025 is a more normal outcome?

Now, another possible explanation for the drop in percentages, if it isn’t disappearing pupils, might be that the teacher supply crisis is finally impacting private sector schools in some subjects where recruitment is challenging. This might possibly be responsible for the declines in physics and mathematics percentages.

Another possibility is a change in entry policies that allowed marginal candidates to enter, but considering the financial consequences of widening entry at a time when private sector schools might be expected to be looking for cost saving measures, this reason seems unlikely.

Since many private schools are day schools, as a result it would be interesting to know to what extent parents have invested additional funds in private tutoring and Easter revision classes for pupils where there were concerns about outcomes after any ‘mock’ examinations. However, I suspect such investment would be more likely be at ‘A’ level than at GCSE, except perhaps in English and mathematics.

There is a useful table that allows comparison between public and private sector institutions Outcomes by centre type

The outcomes for physics at Level 4 or above are interesting

Grade 4 and above in Physics GCSE %2019202320242025diff 2023 to 2025
All State Funded91.490.290.491.00.80
Independent schools inc CTCs96.896.296.495.9-0.30

The trend in state funded institutions has been upward, despite any possible issues with staffing, whereas the picture is more mixed in the private sector. However, neither percentage take account of who is allowed to take the subject and the prevalence of combined science in many state-funded schools rather than the separate sciences.

Perhaps even more interesting is how different state schools perform with different groups and the extent to which MATs can achieve good results across the Trust.

Is discipline worse in schools?

It was interesting to hear Laura McInerney and Tom Bennett on the ‘Today’ programme on BBC Radio 4 this morning discussing whether or not behaviour was worse in schools these days than in the past. Both are experienced commentators, and Tom led a review in 2017 for the then government, about behaviour in schools. It is also interesting to see the BBC taking an interest in schools. The World at One last Sunday (also BBC Radio 4) devoted the whole of the programme to an analysis of the SEND issue. Interestingly, there was no government spokesperson available on Sunday, so they had to make do with the chair of the Education Select Committee.

The discussion this morning was around whether or not behaviour had worsened in schools, and if so, why? The usual suspects, covid and mobile phones were trotted out in support of discipline being worse in schools, along with families facing multiple challenges, but there were precious few facts.

One way of measuring the state of discipline in schools is by looking at the number of permanent exclusions each year by schools.  The largest single reason each year for these exclusions is always ‘persistent disruptive behaviour’. So, this might be seen as a good proxy measure for how schools are faring in relation to discipline in the classrooms. Of course, this measure doesn’t pick up low level disruptive behaviour, but it is reasonable to assume that there is a correlation between the different levels of behaviour in schools.

Looking back over the past 30 years, the level of recorded permanent exclusions was 10,440 in 1998/99. The level fell to 5,040 in 2010/11. In the latest year, 2023/24 there were 10,885 permanent exclusions. On the face of it, discipline is getting worse again, but is only back to levels last seen at the end of the last century.

I would like to suggest to causes not mentioned on the ‘Today’ programme: teacher supply and school funding. Is there a causal relationship between the fact that permanent exclusions were at their lowest when schools were fully staffed, and had experienced a period of several years of significant funding by government.  By contract, permanent exclusions seem to rise when there is difficulty staffing schools, and when funding is less than might be expected in a civilised society.

So, is the answer as simple as proper funding and staffing if you want fewer exclusions? The age and experience of the teaching force might also play a part. More experienced teachers, as I can testify from personal experience, are much less likely to face discipline issues then new entrants, especially if they are unqualified.

In the latest statistics on exclusions, 13 of the 25 local authorities with the lowest rates of permanent exclusions were London boroughs. This just adds more evidence to my thesis that if the rest of the country were funded like London, schooling would be in a much better place across the country.  Although I was also pleased to see Oxfordshire in 10th place overall for the lowest rate of permanent exclusions.

Ethnicity issues remain for new teachers

Data published by the DfE for the 2023/24 postgraduate cohort of trainees achieving QTS (Qualified Teacher Status) showed that differences still remain in regard of entry into the teaching profession between different ethnic groups on two counts. Firstly, the percentage trainees achieving QTS, and secondly, the percentage employed in State-Funded schools.

EthnicityPostgraduate
2023/24
Number of trainees
TotalAchieved QTSDid not achieve QTS
Total Teaching in State-Funded SchoolTotal
Asian / Asian British2,9312,7041,868227
Black / African / Caribbean / Black British1,2061,106821100
Mixed / Multiple ethnic groups87281461158
Other Ethnicity41038026830
White16,08215,04811,5701,034

Initial teacher training performance profiles, Academic year 2023/24 – Explore education statistics – GOV.UK

The outcomes were more favourable for the dominant White group. 94% of this group achieved QTS, compared with 93% for the Black and Mixed Group’s trainees and 93% from the Asian Group.

Teachers from the White group were also more likely to be working in a State-Funded school by the time the data was collected. 77% the White Group that had achieved QTS were teaching in a State-Funded school. This compared with 75% of the Mixed and Multiple ethnic groups; 74% of the black Group and just 69% of the Asian group.

Despite the number of teachers from the Asian group not working in State-Funded schools, this group still accounted for 12% of entrants. The black group accounted for 5% of entrants and Mixed and Other ethnic Groups together made up another 6% of entrants. The White group, of some 11,570 teachers, accounted for 76% of entrants. 

Sadly, it isn’t possible to track the whole journey from application to train as a teacher through to working as a teacher with QTS for each ethnic group. It is also not possible to see whether certain routes are more or less favourable to certain ethnic groups. Both those sets of data would help illuminate possible areas of concern within the process of how graduates become a teacher.

The DfE has also included some experimental regional data about outcomes that would also be useful to see by ethnic groups because, historically, the Asian and black groups applicants and trainees have tended to be concentrated in specific urban areas.

The DfE data suggested that fewer trainees achieving QTS were employed in State-Funded schools in the north of England than the south. The region with the highest percentage employed was the East of England, were 82% of those achieving QTS were employed in a State-Funded school. 

Another indicator where there are no published data on trainees by ethnic groups are in respect of new graduate and career changers. For the purpose of the employment data for those with QTS, the DfE splits the trainees into two groups; those under 25 that might be assumed to be mostly new graduates and those over 25 that will predominantly be career changers. Those in the over-25 group were less likely to achieve QTS, but there was no difference among those with QTS in terms of the percentage working in State-Funded schools.

Windfall profits and SEND

There is no doubt that the rise in demand for special school places over the past few years was neither anticipated nor effectively dealt with by the State. One consequence is that large amount of off-balance sheet debt being carried by many local authorities responsible for schooling in England. Another consequence, highlighted by the Liberal Democrats in a press release issued today, is what might be described as the ‘windfall’ profits being made by a few in the SEND sector. Lib Dems demand cap on SEND providers profits as top firms rake in £100m – Liberal Democrats

When the highest paid director of a company operating both care homes for children and special schools is paid over £300,000, or more than twice the salary of a Director of Children’s Services commissioning the use of places in the schools and homes, it seems sensible to question whether such use of public money should continue.

At this point, I must make clear that I am a capitalist. The 40 years I have traded on my own account and through a company, as well as held a portfolio of investments in other companies. However, there are two issues that concern me. Where should the boundary line between services offered by the State and those run by the private sector be drawn? And how should price be determined?

It is interesting, as I have noted before, that in the USA and many other countries, public transportation is just that: a service run by the State. In England it has become a battleground between the State and private enterprise and the differing political opinions. Most would expect SEND to be a public service.

What often seems to be lacking is a mechanism to regulate the costs of suppliers to the State. When the private sector funds its enterprise by borrowing to provide the services and then expects the State to service that debt with a profit element added, it seems to me like time to take the service out of the private sector, and back into public provision.

In the case of SEND school places, national and local government should work together to prove places in state-run schools that would obviate the need for private sector intervention. This means the State, in this case the DfE, being much more interventionalist than has been the case.

The Liberal Democrats, of which I am a member and activist, noted in their press release that

‘Research commissioned by the party and carried out by the House of Commons Library showed that the top handful of profiting companies each took home tens of millions a year. One Group, operators of 28 special schools, turned over just over £200 million a year, making £44 million in profit – a margin of over 20%. That profit is 150% what the company made in 2022.’

How many more teachers might the £44 million have funded? While we wait for the government to produce a White Paper on SEND, perhaps the Local Government Association should set up a taskforce to remove the need to use the private sector.

I am sure that when John Stuart Mill, the nineteenth century philosopher, said that’ it was the duty of the State to see it citizens were educated, not to educate them itself’ he did not expect the cost to the State to be more than a reasonable amount.

NEETS: Why is London so different to the rest of England?

London seems to be a different world to much of the rest of England when it comes to looking at a range of different indicators about education. The latest one where the statistics raise an interesting question is the percentage of 16- and 17-year-olds that are NEETs (Not in Education, Employment or Training).

With the raising of the suggested ‘learning leaving age’ to eighteen (the official age is still sixteen) it is expected that almost all students in what is Years 12 and 13 should be in some form of certified education or training. The DfE asks local authorities for data each year bout the percentage participating in education or training and produces scorecards on-line. I wonder how many local authority scrutiny committees ever see this data? Participation in education, training and NEET age 16 to 17 by local authority, Academic year 2024/25 – Explore education statistics – GOV.UK

The scorecard for Oxfordshire can be found at Oxfordshire_neet_comparator_scorecard.pdf

Looking through the data for all local authorities for both 2019 and 2025 what struck we was there was a definite London effect. 28 London boroughs had higher participation rates in 2025 than in 2019. For the rest of England there were only 37 other local authorities with higher participation rates in 2025 than in 2019.

One explanation is the inclusion of ‘no data’ in the NEETs percentage. As the DfE noted;

 ‘NEET/not known rates at the end of 2024/start of 2025 ranged from 0.0% City of London to 21.5% in Dudley. Dudley’s rate includes 2.4% NEET and 19.1% activity not known.’

So, either London boroughs are better at collecting the data – quite possible, given their relatively small size and close geographical cohesion, or there is something else going on.

On the other hand, only seven ‘shire counties’ had higher participation rates in 2025 than in 2019.  Might the decimation of rural bus services and the effect of a punitive motor tax on those without a no claims bonus be something to do with this change? Could it be that in large counties there are no longer the staff to badger multi-academy trusts (MATs) to provide accurate data about the destination of Year 11 leavers?

I think the DfE data should make clear both the known percentage of NEETs and the percentage of the age group where these is no data available. Perhaps, there might be a scorecard of MATs to identify those that provide high quality data, and those where hard pressed local authorities have to waste time and money chasing the data.

With the job market looking increasingly challenging over the next few years, and fewer incentives for employers to offer jobs with training to school leavers, the percentage of NEETs is an issue that needs more visibility, especially with the rapid growth in EHCPs. Will the significant increase in young people with mental health issues result in more NEETs, and if so, will London be different?

Do better funded schools exclude fewer pupils?

The DfE published the annual data for exclusions and suspensions from schools during the 2023/24 school-year this week. Suspensions and permanent exclusions in England: 2023 to 2024 – GOV.UK Sadly, there are more pupils being excluded than in recent years, and my post from July 2018 Bad news on exclusions | John Howson reflects much , at least at the national level, of what is contained in the latest report on 2023/24. Boys on free school meals, and with SEND, and from a minority group are at highest risk of being excluded, especially when they are in Year 9, and, as ever, the reasons is most likely to have been ‘persistent disruptive behaviour’.

With the worsening recruitment crisis in schools, allied to a challenging financial environment, an increase in exclusions and suspensions was to be expected. What the data doesn’t tell us is whether schools with high exclusion rates are linked to specific academy trusts, and also to high levels of teacher turnover.

I wrote a blog about policies for reducing exclusions in May Reducing exclusions from schools | John Howson and I would hope that if the staffing situation does settle down, so might the number of pupils being banished from school.

As ever, I am struck by the funding issue. London, the best funded part of England has some of the lowest rates for exclusion and suspensions. There are 17 London boroughs in the list of the 25 local authorities with the lowest rate of suspensions in 2023/24, and 19 in the similar list for secondary exclusions. In the list of ten local authorities with the highest rates of exclusion are five authorities in the North East. I think that there may be something in this data that needs further exploration, especially as I would expect teacher recruitment to be easier in the North East than in London.

Interestingly, in view of the debate about mobile phones in schools, the number of suspensions for ‘inappropriate use of social media or online technology’ only increased from 11,419 to 11,614, an insignificant change between 2022/23 and 2023/24 especially compared with the increase in exclusions for ‘persistent disruptive behaviour’ from 446,676 to 569,921 over the same period. Of course, much comes down t how a decision on which box to tick when the exclusion is being reported and the latter category may hide suspensions that actually belong in one of the other categories. This is the risk when there are too many choices for a school to make.

The increase of around 25,000 in assaults leading to suspensions must be very worrying, although I wonder whether most are ‘common assault’ rather than ‘assault leading to actually bodily harm’ or ’GBH’ to use the criminal code levels of violence against another.

Some numbers are so small it is a wonder that they are still collected. Were only 69 pupils – up from 50 the previous year- permanently excluded for theft. Perhaps schools have nothing worth nicking these days.

I hope that next year, we might read of at least a levelling out of the rates of exclusions and suspensions and perhaps a return to a downward trend, especially if there is a relationship between funding and how schools can cope with disruptive pupils.  

What Lib Dems want for SEND pupils and their families

I was delighted to see the Liberal Democrats weighing in on the SEND debate by writing to the Prime minister and setting out five key principles behind any reform of the SEND system. This is what their letter to the Prime minister said:

Our five principles and priorities for SEND reform are as follows:

  1. Putting children and families first Children’s rights to SEND assessment and support must be maintained and the voices of children and young people with SEND and of their families and carers must be at the centre of the reform process.
  2. Boosting specialist capacity and improving mainstream provision Capacity in state special provision must be increased, alongside improvements to inclusive mainstream provision, with investment in both new school buildings and staff training.
  3. Supporting local government Local authorities must be supported better to fund SEND services, including through:
    1. The extension of the profit cap in children’s social care to private SEND provision, where many of the same private equity backed companies are active, and
    2. National government funding to support any child whose assessed needs exceed a specific cost.
  4. Early identification and shorter waiting lists Early identification and intervention must be improved, with waiting times for diagnosis, support and therapies cut.
  5. Fair funding The SEND funding system must properly incentivise schools both to accept SEND pupils and to train their staff in best practice for integrated teaching and pastoral care. Our five principles for SEND reform – Liberal Democrats

These principles come from a motion debated at last year’s Party conference and represent a check list against which specific policies can be measured, such as increasing the supply of educational psychologists to deal with both the annual reviews and initial assessments of EHCPs.

If there is anything missing from the list, it is the role of the NHS, and specifically around mental health and education. This is the area of need where the system has really broken down. Many of the other issues are cost related due to inflation and more young people living longer as well as increased demands from an age range of support than can now reach up to the age of 25. The issue of mental health has swamped the system and the NHS must play a part in helping define what is needed.

With the main opposition at Westminster disinterested in the issues of education that are facing most families, the Lib Dems should be leading from the front. This letter should have been sent at least a week ago.

As my earlier posts of today have shown, the Lib Dems next education campaign can be around securing enough teachers for schools in our more deprived areas. Such a campaign can take on both labour councils and Reform voters to show there is a radical alternative in the Liberal democrats.

Education may not feature very high in polling about issue in elections, but on a day-to-day basis it isn’t far away from the conversations in many households. From mobile phone to AI, funding for school meals to citizenship, Liberal Democrats should be calling the government to account.