Mr. Mark Hynes
Director of Governance, Law and Monitoring Officer
Legal Services
Waltham Forest Town Hall
Forest Road
Walthamstow, London
E17 4JF
Dear Mr. Hynes,
I am writing on behalf of a number of parents with children who have Special Educational Needs and Disabilities (SEND) to formally raise serious concerns regarding the management and oversight of SEND services within Waltham Forest Council. Specifically, this complaint addresses the actions and omissions of Ms. Nicky Crouch, Director of Children’s Services, in relation to her statutory duties under the Education Act 1996, Children Act 2004, Children and Families Act 2014, Statutory Guidance on the Roles and Responsibilities of the Director of Children's Services and the Lead Member for Children's Services (2013), the SEND Code of Practice (2015), and the Equality Act 2010.
These failures have led to considerable distress for families, eroded trust in the council's commitment to supporting SEND children, and have unnecessarily escalated cases to judicial review and tribunal proceedings.
Background and Overview of Concerns
Over the past months, multiple parents of SEND children have reported that their attempts to resolve concerns regarding SEND provisions through informal means have been disregarded or met with inadequate responses. Despite their best efforts, they have observed a lack of accountability, particularly by the Director of Children’s Services, whose role is to ensure statutory compliance and uphold the welfare of SEND children.
Our concerns focus on six primary areas:
1. Failure to Address Parental Concerns Effectively
Many parents have reported that the council’s SEND Team routinely ignores or inadequately responds to their concerns, forcing families to seek legal redress through judicial reviews or SEND tribunals. This outcome is both unfortunate and, in our view, entirely avoidable. The statutory duty of Waltham Forest Council, specifically the Director of Children’s Services, is to ensure that the rights and needs of SEND children are met promptly and efficiently. Section 19 of the Children and Families Act 2014 mandates that local authorities work collaboratively with children, young people, and their families in a manner that promotes their welfare and respects their views.
2. Circumventing EHCP Statutory Timeframes Through Premature Finalisation
It has come to our attention that the SEND Team appears to have established a practice of finalising EHCPs within the statutory 20-week timeframe without considering and completing all valid amendments from parents and carers. This practice appears designed to avoid record-keeping of missed deadlines and delayed issuance of EHCPs. However, such premature finalisation directly contravenes the statutory intent of the Children and Families Act 2014, which mandates that EHCPs be comprehensive and specific to the child’s needs. The SEND Code of Practice (2015) explicitly requires that EHCPs should be developed collaboratively and should not sacrifice quality or completeness in an attempt to meet procedural deadlines.
By bypassing these statutory requirements, the council risks compromising the efficacy of the EHCP process and potentially violates Section 42 of the Children and Families Act 2014, which requires local authorities to secure the provision specified in an EHCP. This practice is both misleading and detrimental to SEND children, as it circumvents the urgency meant to ensure timely and thorough provision of support. The intention behind the statutory 20-week timeframe is not solely procedural but designed to prioritise and safeguard the child’s best interests. This culture within the SEND Team is deeply concerning and is not in alignment with the principles in Section 19 of the Children and Families Act 2014.
3. High Turnover and Unstable Staffing in the SEND Team
There is an alarmingly high turnover rate among staff within the SEND Team, with some employees serving for as little as 2-3 months. This instability has led to disrupted communication, inconsistent support for families, and an overall lack of continuity that contravenes the council’s duty to provide reliable SEND services. The SEND Code of Practice (2015) emphasises the need for clear, transparent, and accessible pathways for families. Frequent staff changes not only delay responses but also disrupt the EHCP process, adding further challenges for families attempting to secure necessary provisions for their children.
4. Potential Violations of the Equality Act 2010
The council’s apparent disregard for timely and effective delivery of SEND services may also constitute indirect discrimination under the Equality Act 2010. Children with SEND have the right to equal access to education and related services. Systemic delays and procedural shortcuts may prevent these children from accessing the support necessary to participate fully and effectively in their education. Such practices could infringe upon their rights to a fair and inclusive educational experience and may amount to indirect discrimination under the Act.
5. Differential and Less Favourable Treatment for Parents and Carers Whose First Language is Not English
Many parents and carers, particularly those for whom English is not their first language, report that they are treated differently and less favourably in their interactions with the SEND Team. This treatment places their SEND children at a greater disadvantage, as these families often face additional barriers to navigating the EHCP process and advocating effectively for their child’s needs. This differential treatment may constitute unlawful discrimination under the Equality Act 2010, which mandates that all individuals be treated equally, regardless of language proficiency or ethnic background. Furthermore, the SEND Code of Practice (2015) emphasises the need for local authorities to engage with parents and carers inclusively and to provide support to families who may face communication challenges. Failure to offer fair, unbiased, and culturally responsive services not only fails to meet statutory obligations but also undermines the rights of SEND children to receive equal and adequate support.
6. Lack of a Business Continuity Plan (BCP) to Address Service Disruptions
Given the high turnover rates and instability within the SEND Team, we question whether the team has a robust Business Continuity Plan (BCP) in place to ensure that the council’s legal obligations to SEND children are met consistently. The absence or ineffective use of such a plan could explain the disjointed and unreliable service families currently experience. The SEND Code of Practice (2015) and the Children and Families Act 2014 place a clear responsibility on the local authority to ensure that SEND services are accessible and operational at all times.
Furthermore, this issue relates to Waltham Forest Council’s anticipatory duty as a service provider under the Equality Act 2010 to ensure that disabled individuals are not placed at a disadvantage due to systemic failures or interruptions in service delivery. The anticipatory duty requires public authorities, including local councils, to proactively identify and address potential barriers that might disadvantage disabled individuals. The absence or ineffective implementation of a BCP may constitute a failure to meet this statutory duty, as it leaves SEND children particularly vulnerable to inconsistent or inadequate support.
Impact on Families
The impact of these failures on parents and families is substantial, as they are left with no choice but to pursue legal action to secure support that their children are statutorily entitled to. This protracted process causes unnecessary emotional and financial strain on families and exacerbates the mistrust in Waltham Forest Council’s ability to fulfill its legal and ethical obligations to SEND children.
Request for Action
Given the gravity of these issues, we request the following actions be undertaken by the Monitoring Officer:
1. Investigate the Director of Children’s Services’ compliance with statutory duties under the Children Act 2004, Education Act 1996 and Children and Families Act 2014, Statutory Guidance on the Roles and Responsibilities of the Director of Children's Services and the Lead Member for Children's Services (2013), the SEND Code of Practice (2015), and the Equality Act 2010. This should include an examination of her role in addressing SEND-related complaints and ensuring adequate support for SEND families.
2. Undertake a comprehensive review of the SEND Team’s practices regarding EHCP finalisation, specifically the concerning practice of issuing EHCPs before considering and completing all valid amendments from parents and carers. A detailed audit should be conducted to determine the prevalence of this practice, and corrective measures should be taken to ensure all EHCPs are developed in full compliance with statutory requirements.
3. Implement a thorough review of staffing and management practices within the SEND Team to address the high turnover, the core underlying reasons for the high turnover and improve service stability. A stable SEND team is essential to provide reliable, consistent support to families and to uphold the council’s obligations under the SEND Code of Practice.
4. Investigate whether a Business Continuity Plan (BCP) exists and is effectively utilised within the SEND Team to address the high turnover and ensure continuity of service delivery.
5. Establish a clear, transparent, and responsive communication structure for SEND families that enables them to report concerns and receive timely responses and resolutions. This process should be overseen by senior management to ensure that families’ concerns are addressed promptly and constructively.
The parents who have raised these concerns are dedicated to ensuring that their children receive the support they are legally entitled to, and they would prefer to collaborate with the council to resolve these issues. However, the council must first acknowledge and address these systemic issues to rebuild trust and fulfill its obligations to SEND children.
Thank you for your attention to this matter. We look forward to receiving a response (via contact details of parents with SEND children) that outlines the council’s intended next steps in addressing these serious concerns. Please do not hesitate to contact me if you require further details regarding these complaints.
Yours sincerely,
CC:
Cllr Kizzy Gardiner (via email)
Cabinet member for Children and Young People
Waltham Forest Town Hall
Forest Road
Walthamstow
London
E17 4JF
Cllr Yusuf Patel (via email)
Chair for Children and Families Scrutiny Committee
Waltham Forest Town Hall
Forest Road
Walthamstow
London
E17 4JF
Ms. Claire Burton (via email)
Regional Director for London
Department for Education
20 Great Smith St
London
SW1P 3BT
Children's Services (via email)
Care Quality Commission (CQC)
2 Redman Place
London
E20 1JQ