Committee publication · Correspondence · 2 September 2025
Letter from Joint Unions on Solving the SEND Crisis, dated 28.05.25
From: Education Committee
Inquiry: Solving the SEND Crisis
Summary
Joint unions (GMB, NAHT, UNISON, Unite) write to the Education Committee chair regarding the SEND crisis inquiry's oral evidence session of 29 April 2025. They highlight that while healthcare provision in schools was discussed, critical legal gaps remain unaddressed: neither the DfE, DHSC, nor NHS England has established a legal basis for delegating clinical NHS tasks to school staff at organisational or individual level, creating potential liability and compliance risks.
Key findings
- No legal basis has been provided by DfE, DHSC, or NHS England for delegating clinical NHS healthcare tasks to school support staff at organisation or individual level
- Unions acknowledge limited legal exceptions exist for therapy interventions in EHC plans deemed special educational provision, but these are exceptional rather than routine
- Healthcare delivery by untrained school staff to children with medical conditions lacks clear legal foundation and represents the norm rather than exception
- Oral evidence session on 29 April addressed healthcare provision in schools but failed to resolve underlying legal and liability issues
Tone
AdversarialTopics
Key actors
Helen Hayes MP, Education Select Committee, Department for Education (DfE), Department of Health and Social Care (DHSC), NHS England, GMB, NAHT, UNISON, Unite, Royal College of Nursing (RCN)
Notable line
“Neither the DfE, DHSC or NHS England have provided a legal basis for the delegation of clinical tasks from the NHS to schools at an organisation or individual level.”
Key Quotes
“Neither the DfE, DHSC or NHS England have provided a legal basis for the delegation of clinical tasks from the NHS to schools at an organisation or individual level.”
“… in the context of children with health needs and medical conditions, these instances would be the exception rather than the rule”
Source · parliament.uk record ↗