Introduction

Using a similar approach to that of Chapter 4 (on housing), this chapter will explore the pathways to redress available to people through mapping (the ideal case) help-seeker journeys for people seeking help with special educational needs and disabilities (SEND) to understand how access points have been compromised and which pathways to justice are difficult to negotiate or blocked (Genn 1999; McKeever et al 2018). The Local Government and Social Care Ombudsman (LGSCO), the Parliamentary and Health Service Ombudsman (PHSO) and the SEND Tribunal provide redress for SEND problems. This cohort of administrative justice system institutions do not typically interact well with one another, and so we identify here the impact that digitalization could have on the procedures for these institutions to cooperate more effectively. There then follows a presentation of the ideal case help-seeker journey for those in need of support for SEND problems, using our specially developed journey map. Finally, we will draw on interviews conducted with advice sector professionals, judges, case handlers and users to show how the help-seeker journey unfolds in reality.

Pathways to resolve grievances: ombuds and tribunals

The LGSCO and the First-Tier (Special Educational Needs and Disability) Tribunal provide redress for special educational needs problems. Although both provide redress for SEND issues, each deals with different aspects of a challenge. The LGSCO deals predominately with issues about the (in)actions of local authorities (LAs) in delivering the education, health and care (EHC) process. This includes areas such as complaints about the delay in assessing a child; about issuing the plan; and about failure to carry out reviews.

If there is a route to appeal to the tribunal, such as a decision not to assess a child; or on the content of the EHC plan, then the ombuds is not allowed to investigate these issues. They also do not have the powers to look at what happens inside an educational setting relating to special educational needs provision. Unlike the LGSCO, the SEND Tribunal deals only with decisions LAs make about children and young people with SEND and with schools that discriminate against a young person with disabilities.