Introduction
We’re sharing this case study from Essex County Council because it shows how good scrutiny can contribute to service improvement and innovation. It’s a clear example of councillors, officers and communities working together to tackle a difficult, emotive and sensitive issue, improve transparency, and building trust. It offers lessons that others can adapt to their own local challenges.
Background and Context
By Jasmine Langley – Senior Democratic Services Officer
The scrutiny work around SEND in Essex began to take shape following updates brought to the People and Families Policy and Scrutiny Committee in February and March 2024. These highlighted significant concerns about Education, Health and Care Plan performance. Specifically, that due to an ongoing unprecedented demand on this service and a reduction in educational psychology (EP) capacity, despite the education function working relentlessly to complete Education, Health and Care Plans Needs Assessments (EHCPNA), the backlog grew so large that only around 1% of EHCNAs were being completed within the statutory 20-week timeframe, at this time.
This figure understandably drew attention. It was picked up by the media and led to a significant number of parents attending the March meeting to raise questions and concerns, not only about delays but parents also brought individual issues relating to their child’s casework which was outside of the EHCNA performance focus. As a result the atmosphere was understandably charged, and it became clear that a wider focus on both performance and trust in the system needed to be addressed.
In May 2024, a motion was brought to Full Council calling for EHCNA performance to be monitored. It received cross-party support, though no specific method of oversight was set out. As a result, the People and Families Committee agreed to take forward a Task and Finish Group, to better understand why this was the case, and what more could be done to address the issue
Although four areas had been identified, the group focused on these two main areas:
- EHCNA performance – addressing timeliness and capacity issues.
- Communication and trust – reflecting widespread concern from parents about being left out of the process.
Essex, being a large and complex county, faces significant pressures. The number of EHCNA requests rose from 2,088 in 2019/20 to around 4,490 in 2023/24, more than doubling in four years. This rapid increase is at the heart of many of the challenges now under scrutiny. Further detail about the education function responses to this challenge is outlined in Appendix 1.
It should also be noted that Ofsted and the Care Quality Commission inspected Essex under the local area SEND inspection framework in 2019 and found three areas of significant weakness, including the quality of EHCPs. Ofsted and CQC undertook a revisit in 2021 and deemed that sufficient progress had been made across all three areas. Whilst the timeliness of undertaking the EHC needs assessment needs improvement, the quality of the EHCP’s that are issued remains high.
Challenges and Opportunities
Challenges
I think the key challenges were clear. First, there was the sheer volume of demand. The rapid rise in EHCNA requests placed significant pressure on already stretched services. Alongside this, there was a perceived lack of transparency and communication in the process. Many parents felt they weren’t being listened to or kept informed, which understandably undermined trust.
Another major issue was capacity, particularly within the educational psychology workforce, whose input is a statutory part in completing EHCNAs. Recruitment and retention in that profession has been and remains a national challenge, and Essex was no exception. At the time, the backlog of plans awaiting completion was substantial.
While these issues were serious, it’s worth noting that good progress has been made since the early stages of scrutiny. An average of 28% of plans are now completed within the 20 week statutory timescale compared to the national average of 46%.
[It should be noted that this national issue has been the subject of various reports from bodies such as: ISOS/LGA; National Audit Office; Public Accounts Committee.]
“The rapid rise in EHCP requests placed significant pressure on already stretched services.”
“Recruitment and retention of educational psychologists is a national challenge, and Essex was no exception.”
Opportunities
Definitely one of the most significant opportunities was to strengthen engagement with parents and parent forums in the scrutiny process. This has always been important, but scrutiny offered a real chance to bring those voices into the process more meaningfully—particularly around performance monitoring. Rather than parents feeling excluded, the aim was to ensure they felt part of the conversation. Their insights and lived experience are essential and involving them more consistently has been a key shift.
However, it is worth noting, that parents brought a far wider range of issues than the main focus of EHCNA timeliness. It is important to ask parents to raise questions in advance in order that the correct responses can be made either at the meeting or in writing and that parents need to respond to the matter under scrutiny and not use the scrutiny process to raise individual complaints outside of the organisation’s complaint process.
The matter did bring much needed additional investment from the Council into the function, through investment into an Additional Assistance plan which increased operational capacity and the investment to commission an EP Agency to undertake additional virtual assessments. Internal changes have also improved recruitment and retention of substantive EPs. In addition, a structured pathway for newly graduated psychologists is being implemented, providing opportunities to gain experience and work toward full qualification within the service—an important step in addressing capacity.
Of course, the timeliness of EHCNA delivery itself remains a clear area for improvement. The service has since developed a more robust system of monitoring and oversight to meet statutory deadlines, which marks another positive direction for ongoing improvement.
Sitting alongside the SEND improvement work, the education function also has a well-developed Inclusion Strategy to support mainstream schools to be more inclusive. This approach and additional funding has developed innovative projects in schools such as more schools developing outdoor learning and wellbeing spaces, sensory spaces and developing more bespoke curriculum pathways. This strategy alongside the EHCNA improvements is driving system change within the function.
One area that has been important for scrutiny to understand is the much wider work of the function in the SEND space and whilst EHCNA timeliness is a significant matter for the scrutiny process to have oversight of, it was clear that the function were already implementing many approaches to service improvement across the whole SEND and Inclusion landscape. Scrutiny members engaged well to understand the complexity and breadth of work in the SEND and Inclusion system across Essex.
Initiatives and Actions Taken
The Task and Finish Group made nine recommendations. One of the key ones was to continue engaging with the Essex Family Forum, the independent parent carer forum. The Cabinet Member meets with them regularly, and the committee has committed to including them in any future SEND scrutiny work.
Other actions included a commitment to receive EHCNA performance reports twice a year, to continue monitoring progress, and to keep an eye on any new legislation that may come through as part of the national reforms.
Setting up the Task and Finish Group was also an important step. It brought focus, involved the right people, and helped make sure we had the evidence and feedback that service improvements were being made.
Outcomes and Impact
The most immediate outcome has been the improvement in EHCNA timeliness. Since initial reporting, there has been a significant improvement in EHCNAs being completed within the statutory timeframe, which is a positive shift and something that scrutiny have recognised. The focus of leaders and the whole workforce, their hard work and commitment has been acknowledged through this process.
There has also been positive feedback from both Ofsted and families on some of the new practices that have been introduced. While there is still more to do, it’s clear that steps are being taken in the right direction.
Another significant impact has been the improved relationship between scrutiny and the Essex Family Forum, a really well-focused group of parents who themselves have children with SEND.
The process has helped build trust, and the Forum has been actively involved in the work of the Task and Finish Group, who were invited to attend one of their sessions, so they could air their problems first hand. Going forward, there is a commitment to proactively involve them in future committee work, with an invitation already planned for the next SEND session later this year. This reflects a shift from earlier concerns around trust to a more collaborative and open way of working.
That said, there is still a need for balance. While performance data has improved, it’s important not to lose sight of the individual experiences behind the numbers. For families still waiting, progress can feel distant. One of the recommendations focused on making sure that, throughout the process, parents are kept informed and understand what the improvements mean for them in practice. That ongoing communication remains a priority.
Finally, agreement has been given the extend the contract with the EP agency for one further year, with the aim that the backlog will have been significantly reduced once the contract has ended.
Top Tips
Make sure families are involved from the outset, especially in any scrutiny work relating to SEND. Advertising opportunities to participate and reaching out proactively helps build trust. People with lived experience bring valuable insight that can’t be captured through scrutiny alone.That said be prepared for a range of issues to be raised beyond the matter scrutiny are focussing on, and both officer and Lead Member time needs to be prepared for the breadth of issues being raised. While social media can support transparency, it is important that its use remains considered and responsible. Taking the work through a task and finish group allowed for open discussion of complex issues in a confidential setting, with updates shared through the public scrutiny process. This helped maintain focus on the issues and supported a culture of learning and improvement rather than blame. Social media should not be used to assign personal responsibility for systemic challenges, particularly where officers and elected members are working within difficult circumstances.
Groups like parent carer forums should be part of the conversation whenever SEND is on the agenda. Their knowledge, shaped by direct experience, helps ensure scrutiny is focused on what matters most to families.
Improving outcomes isn’t just about systems – it’s about people. While funding is extremely tight for every authority, investing in the SEND workforce, including creating clear routes for progression and incentives for professionals, like educational psychologists, is vital. It also helps with recruitment and retention, and builds a culture where staff feel valued.
Recognising and sharing what’s working well, both within the county and by learning from other authorities, can help drive improvement and morale. It’s important to balance scrutiny with acknowledgement of the effort and progress being made.
Regular updates and briefings for elected Members are essential. Not everyone will be familiar with SEND, so helping them understand the landscape, terminology, and key issues means they can scrutinise more effectively and ask the right questions.
Having open, honest relationships with key officers helps scrutiny work well. It encourages candid conversations and means Members can focus on service delivery without it becoming personal. A shared understanding that everyone is working toward better outcomes makes a real difference.
Lessons Learned
- One of the most valuable lessons has been gaining a deeper understanding of the processes behind the data. It’s one thing to receive performance figures, but quite another to truly grasp what drives them. The significant improvement in the timely completion of EHCNAs reflects a tremendous amount of work. Gaining clearer insight into that effort has brought a new level of transparency and a greater appreciation for the function’s dedication.
- We’ve also learned just how important it is to engage with user groups. Their insight has helped shape the work and kept the focus on what matters most to families. That kind of involvement not only improves outcomes but strengthens trust.
- Another key lesson is the value of scrutiny itself. When done well, it can be a powerful tool driving transparency and oversight of service improvement and change. Often in scrutiny, especially when looking at long-term strategies, it’s hard to see the direct impact. But in this case, because parents were so involved and vocal, and because there has been clear progress, the outcomes are visible. That’s been a strong reminder of what scrutiny working with Lead Members and officers can achieve when it’s focused, inclusive, and sustained.
Future Directions
The priority remains to continue driving improvements in EHCNA performance, supported by bi-annual updates to the People and Families (PAF) Policy and Scrutiny Committee. Alongside this, there will be close monitoring of outcomes from the anticipated SEND reforms and the forthcoming White Paper, as well as any resulting changes that may impact the service. The committee will also maintain its commitment to advocating for change at a national level.
Because of the unprecedented increase in demand every service professional recognises that the current system to support young people with SEND has become unsustainable, and it cannot carry on in the present format. Reforming the way in which this is managed has become a top priority for the Government, and it is vital that this done at the soonest possible time.
One outcome from the Task and Finish Group was the recommendation to include SEND training within teacher training, so all teachers are equipped with a stronger understanding of different learning needs. This will help ensure that children and young people receive appropriate support from the very start of their education journey.
Supporting families while they are waiting in the system remains essential. Although the service works on this as part of business as usual, the committee has committed to keeping it in focus whenever updates are received. Finally, the committee will continue to track the implementation of the Task and Finish Group’s recommendations, recognising that there is a significant amount to follow up and sustain.
Appendix 1
Context Prior to the Decline in Performance
In 2019, prior to the COVID pandemic, the Education function was focused on delivering service improvements in response to inspection outcomes and the ECC redesign programme.
Following the pandemic, particularly the widespread school closures and reduced access to earlier intervention services, the Education function faced the dual challenge of sustaining improvement efforts while responding to a sharp rise in requests for SEND support. Contrary to initial expectations, this increase did not subside after the lockdowns but instead established a ‘new normal’. This shift placed additional pressure on SEND services, which were already managing a growing backlog of assessments.
COVID was not the only external factor affecting SEND processes during this period. The outcomes of Brexit also contributed to workforce shortages, as the number of key professionals essential to the process declined, particularly therapists and Educational Psychologists (EPs), just as demand was rising. There continues to be a national shortage of Educational Psychologists.
National performance for 2023/24 announced in the SEN 2 return as being 49% of plans issued within 20-weeks.
There has been a 115% increase in requests for assessments from 2019/20 to 2023/24. In numbers this means that for the past 3 years, the team has been receiving approximately 300 requests for EHCNAs per month and approves circa 60% for assessment. Therefore 180 new assessments are added into the system each month. We have also reduced the number of requests we refuse, which is an indication of the quality of the paperwork submitted to support the request for assessment. This is a KPI within the Inclusion Strategy as agreed at TOB.
The number of EHCPs issued, far outweighs the number of plans ceased, which means between Jul-19 and Jul-24, there has been a 51% increase in number of EHCPs Essex maintains. We also issued the highest number of plans in the 2023/24 academic year and through our quality oversight know that the plans remain of high quality, we have not compromised quality for timeliness.
The education function not only undertake the EHCNAs, they also respond to Annual Reviews, amend plans, support tribunal appeals and complaint responses.
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