Warwickshire County Council's director for education insists SEND children are not paying the price for delays in putting together care plans.

The authority responsible for education is currently processing just 19 per cent of education, health and care plans (EHCPs) – the legal document setting out the bespoke needs of a child with special educational needs and disabilities – within the statutory deadline of 20 weeks.

That is up from 14 per cent a year ago but an upturn earlier in the past council year – the figure was 30 per cent at the halfway point – has slipped back again.

Funding, staffing capacity and growing demand have been cited issues but the national average, which Warwickshire uses as its benchmark, is 50 per cent. 

This week saw new councillors elected in May run the rule over the council's performance for the first time with the children and young people's overview and scrutiny committee given an explanation by Johnny Kyriacou, the county council's director for education. 

"It is remaining stubbornly low at the moment," he acknowledged.

"There has been a significant rise in demand and the teams are doing the best they can to cope with the backlog."

He said extra resources had been dedicated to the backlog with more new staff set to start in September to deal with the continued rise in demand that has doubled the volume of EHCPs the council has to work through – now almost 7,000 – over the past "three to four years". 

Mr Kyriacou added: "While the statutory deadlines are not being met, no child should be disadvantaged by any delay because the funding (for the help these children need) is always backdated to the point where it would have been 20 weeks.

"The schools are aware of that. The provision for funding is made so no young person is being disadvantaged, we have very clear plans in place to deal with that."

Cllr James Norris said: "As a new councillor, I was shocked when I saw this figure.

"I don't have the experience to know how we got to this point but it just seems incredible that less than a fifth of children get EHCPs within the statutory deadline of 20 weeks.

"I understand what you are saying about the funding but with a delay of more than 20 weeks, we still have parents who are in limbo and worried and children who are not getting the support they need through that period."

He asked how soon councillors could expect to see Warwickshire catch up with the national standard and then turned his attention to Reform UK's new cabinet, asking whether they believe the target is ambitious enough. 

Cllr Norris argued: "To me it should be 100 per cent – why not?" 

Mr Kyriacou said: "Last year we issued around 800 more plans, we are issuing more plans than we ever have on a monthly basis so it is a question of demand and staffing to try to meet that demand.

"We are not saying it is acceptable. We have identified the issue and we know why the issue is there. We have systems in place."

He went on to cite an "internal redesign" where the team dealing with EHCPs is split in two, one focusing on assessments and the other on yearly reviews.

"For me, the key issue is that no child is disadvantaged as a result of going beyond 20 weeks," he reiterated. 

"Each family is communicated with each time it gets to that point." 

Cllr Wayne Briggs, the new political lead on education, said: "There is clearly a massive problem in terms of demand and funding. 

"I think the biggest concern would be that the children who are the most vulnerable have got their plans in place and their education sorted first. 

"I can assure you that the guys I have met are very adept and passionate about what they are doing, and they are doing their best for every child in the county."

Cllr Norris pressed for direct answers to his queries with executive director for children and young people Nigel Minns coming in at that point. 

He said it was too soon to say when the 50 per cent would be achieved but that more should be known in September once the process review has been completed and new staffing levels established, both of which "should make a significant difference".

On the target, Mr Minns said: "I absolutely agree it should be 100 per cent but with where we are at the moment, we need to get to the national average on the way to that 100 per cent. Ultimately, our target definitely should be 100 per cent." 

Cllr Briggs concurred. 

"A target in any walk of life is an aspiration that helps you to move forward, so it is a target that helps us to implement a strategy to improve things," he said.

"When we get to the national average we want to kick on and improve it again. We don't live in a perfect world, we don't have unlimited resources, but it provides us with the opportunity to improve all round as a team."

He added:  "It is a limited response but I have been in the job a limited time and have limited knowledge so far. I hope to be able to give more detail in my answers going forward."