SEND, Neurodiversity and Separations: an Inside View
In a new two-part series, LGFL Director Rita Gupta looks at the impact of rising autism diagnoses on parents with SEND children when looking to separate or divorce.
In this first article, Rita examines the current state of the SEND support system, and the challenges parents of SEND children may face in terms of timescales, provision and inadequate government funding. In the second article, Rita will look at the financial and family lifestyle implications, and how these must be factored into a fair and long-lasting financial settlement when separating or divorcing.
Autism diagnoses are on the rise, and have been for decades. 80 years ago, autism was estimated as affecting just 2,500 children in the UK. By 2018, nearly 3% of children aged 10 to 14 had a diagnosis.(1) In July 2024, the Department for Education released data showing that almost 18.5% of children in England had some degree of special educational needs, a total of 1.67million children with SEND.(2) The National Audit Office estimated there were 1.9million children and young people aged 0 to 25 years with special educational needs (SEN) in January 2024.(7) There has also been a 140% increase in the number of children with an education, health and care (EHC) plan, or equivalent statement of special educational needs, from 2015 to 2024. (7)
What is the definition of SEN/D?
According to the National Audit Office (NAO):
Why are we waiting?
As a family lawyer accustomed to delays, I still find the waiting times for a diagnosis shocking. According to the NHS, "Waiting times for autism spectrum disorder diagnostic pathways (are) based on the time between a referral for suspected autism and the first care contact associated with that referral. In December 2024, there were 212,964 patients with an open referral for suspected autism. Of these, 191,656 (90.0%) had a referral that had been open at least 13 weeks." (3) This is a rise on the previous year of 50%. The reality for parents of a SEND child is much longer, and potentially expensive, according to the charity Support SEND kids: "Waiting times of 2 to 4 years for NHS assessments have meant many families have turned to the private sector, where assessments can cost many thousands of pounds."
The good(ish) news is that In 2023, 50.3% of new EHC plans for SEN provision were issued within the target of 20 weeks. (9)
How raising awareness feeds the diagnosis loop.
Speaking on ITV’s “Good Morning Britain” this week, wildlife presenter Chris Packham described how he saw the rising number of diagnoses as a “very positive thing”. “We’ve created a wider awareness of this condition (autism) and therefore more people are able, hopefully, to access help. And that has to be seen as a very, very positive thing ... That’s opening our eyes to the fact that these conditions are real, and they need addressing and support.” (8) In addition, according to Prof Ginny Russell of the University of Exeter, rising awareness leads to ever-widening definitions. "A rise in diagnoses loops backs to increased awareness, which impacts on how people identify themselves, which leads to a call for more assessment centres, which has led to a greater rise in diagnoses.” (4) However, getting the diagnosis is a different matter. Chris Packham was aged 44 when he was diagnosed with autism. Anyone of any age looking for a diagnosis of autism may have to wait seven times longer in one NHS Trust than another. The results also vary considerably. Under a Freedom of Information request by the charity Autistica: "Positive assessments in children ranged from 100% of those evaluated by one trust to just 18% in another. In adults the figures ranged from 97% to 14%." (6)
Rising costs, falling budgets
SEN provision falls into two types:
• Additional SEN support at school
• Specific support set out in an education, health and care (EHC) plan
The Department of Education (DfE) is accountable for the SEN system, local authorities must legally ensure children receive the support they need, and health services to provide healthcare where required. The DoE’s budget for all this is £10.7 billion in 2024-25, and yet the NAO is predicting a deficit in the schools budget alone of £4.6 billion by the end of 2025-26. (7) To add even more pressure, 31% of local area SEND inspections by Ofsted and the Care Quality Commission found ‘widespread and/or systemic failings’.
Impact on parents and their SEND children
The hidden figure behind each of the 1.67million school age SEN children are the 3+million parents struggling to access help and support in caring for their SEND child.
For many, it’s constant struggles over provision of educational needs, care outside school and during the holidays, the bureaucratic paperwork required and the stamina to do all this and still maintain family life and a strong relationship with a partner.
As specialists in cases involving complex financial arrangements, we also suspect there is an underlying concern that in the future, government funding could be cut without warning, leaving the care of SEND children financially vulnerable.
All these pressures profoundly affect their parents’ capability to deal with the added complications that a separation or divorce would bring both in terms of logistics and finances. Equally, currently separated parents are facing ever- changing financial demands and may need existing agreements updated.
The statistics also point to the probable non-diagnosis of many in the adult population as having autism themselves. At LGFL, we have clients who are neurodiverse and have additional needs such as dyslexia, that affect their ability to take in complex legal and official information, for example.
The good news!
There is good news amid all the concerning statistics and predictions. There is established and recognised help available for parents of SEN children through local authorities, health trusts and Special Educational Needs Coordinators (SENCOs) in schools. Help is also available from national and local charities such as the one we support here in Reading, Parenting Special Children.
At LGFL, our holistic and empathetic approach combined with our awareness of SEN and autism ensures we can help more clients and children who are on the spectrum access the legal services they need. Equally, as specialists in complex divorce and separation cases, our extensive experience in creating comprehensive and balances financial settlements helps parents like you with SEN children plan your future beyond marriage with confidence.
As family lawyers, we know how specific, tailored information and advice can empower people to take on challenges and life changes with confidence. It's one of the reasons we are delighted to be supporting Parenting Special Children (PSC), a local charity working to offer support to parents of SEN children. We have sponsored two workshops by the charity, providing parents and carers with detailed insights, knowledge and practical tools to manage both emotional and behavioural challenges.
If you would like to talk through your circumstances in complete confidence, please do not hesitate to contact us. We can and will help you. Your reduced fee initial consultation gives you a full 60 minutes with a Director, for expert advice from lawyers who understand both the challenges and solutions.
Separation and SEND: logistics, finances and solutions
In our next article, I will look at the bottom-line impact of caring for a SEND child and why so many factors need to be taken into consideration for any separation agreement, financial and logistical.
About the author
Rita Gupta is Co-founder and Managing Director of family law firm LGFL Ltd, serving family law for clients in the Reading and Thames Valley area, across the UK and for international clients involved in UK divorce cases. She has featured as a family law expert on national TV and radio, including BBC Radio 5 Live with Nicky Campbell, LBC, GB News with Darren McCaffrey and local TV and radio.