Local authorities across England are struggling to meet demand for SEND (special educational needs and disabilities) services, with a new report warning that many councils are being ‘set up to fail’ under current system pressures.
The research, funded by the Nuffield Foundation and led by Professor Robert Thomas at the University of Manchester, examines how councils respond to complaints investigated by the Local Government and Social Care Ombudsman (LGSCO). It highlights significant challenges in delivering timely and effective support for children and young people with SEND.
SEND-related complaints now account for 27% of all cases received by the Ombudsman and 48% of those upheld, reflecting the scale of issues across the system. Common concerns include delays in Education, Health and Care Plan (EHCP) assessments and failures to deliver legally required support.
For education procurement leaders, the findings underline growing pressure on local authorities to secure sufficient specialist provision, services and support frameworks, often within constrained budgets and limited supplier capacity.
The report points to a widening gap between rising demand and available resources. Families are increasingly facing delays, uncertainty and gaps in provision, with direct implications for pupil outcomes and wellbeing.
Professor Thomas said councils are often working under difficult conditions. “Local authorities are trying to do the right thing, but many of the challenges they face stem from wider national pressures that cannot be resolved locally,” he said.
While the Ombudsman plays a key role in identifying failures and driving improvements, the report highlights structural limitations. In particular, it notes that the LGSCO cannot investigate complaints directly against schools, despite their central role in delivering SEND provision, leaving gaps in accountability.
The research also highlights the operational burden placed on councils responding to investigations, as well as repeated recommendations on issues they may already recognise but lack the capacity or funding to address.
Recommendations include extending Ombudsman powers to cover schools, improving communication between agencies and increasing awareness of joint investigations with health bodies.
For procurement and commissioning teams, the findings reinforce the importance of integrated, cross-agency approaches to SEND provision, alongside longer-term investment in services, workforce and delivery capacity.
With the government considering wider SEND reforms, the report concludes that meaningful change will require not only improvements to complaints processes, but also addressing underlying funding and resource constraints across the system.
