Herts County Council in the clear after police investigate maladministration allegation

Hertfordshire police have ended an investigation into a claim of maladministration in public office at the county council.

The probe focused on the way the authority dealt with requests for assessments for education health and care plans (EHCPs) for children with special educational needs and disabilities (SEND).

A parent alleged that the number of requests for assessment that were not accepted by the council was “not by accident” but was a deliberate attempt effectively to manage demand.

However, the force says that no statutory offence has been committed.

Confirming the findings of the investigation, a spokesperson for Hertfordshire Constabulary said: “The force conducted an investigation into a report of alleged misconduct in public office in relation to exercising lawful duties for special educational needs and disability (SEND) duties.

“Following extensive enquiries, it has been found that no statutory offences have been committed and it has not been progressed to the Crown Prosecution Service.”

The findings have been welcomed by Hertfordshire County Council.

“We are pleased Hertfordshire police have concluded there is no evidence of deliberate maladministration in a public office by council staff when dealing with EHCPs,” said a spokesperson.

“We consider this matter now resolved and our focus now is on continuing to improve the services we deliver to children across the county with special educational needs and disabilities.”

EHCPs are statutory documents that outline a child’s special educational needs, the support they should be offered and even the school they should attend.

They are considered in a two-stage process that determines first whether a child or young person should be assessed and then whether they require an EHCP. Where an EHCP is issued, the process should last no more than 20 weeks.

In recent years the council has seen an increase in the number of children and young people both seeking, and being issued with, EHCPs.

The spokesperson said: “It is well recognised nationally and locally that the SEND system is under considerable pressure due to unprecedented increasing need and complexity.”

As of January, more than 9,000 pupils in Hertfordshire schools are supported with EHCPs – a 43% increase on the figure of around 6,500 in January 2022.

Over the same period, the number of children and young people aged up to 25 supported with EHCPs has risen by about 3,500 from around 9,500 to 13,000.

The spokesperson said that this was also reflected in significant increases in the numbers of requests for EHC Needs Assessments: Hertfordshire received around 3,350 requests for assessment in 2024 compared with 2,100 requests in 2021, an increase of 54%.

Where an EHCP is issued, in 2024 county council officials say 54% of assessments were completed within 20 weeks – an improvement on the rate of 40% in 2023 and 33% in 2022.