The Governance Failure at Point A - When a Child’s SEND Assessment Goes Wrong — and How England Spends £32 Billion a Year on What Happens Next

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Authors: Terence Picken
Cited by: 3

Abstract

<p><span>England spends £32 billion annually on the consequences of a single governance failure: the misconducted Education, Health and Care Plan assessment. This paper maps the seven-stage financial cascade from a wrong EHCP decision to early death, using primary data from the DfE, NHS England, DWP, Ministry of Justice, ONS, and Bank of England. It introduces the Markov Divergence Model — demonstrating that the institutional pathway produces sustained employment for neurotypical children at a rate 59 times higher than for neurodivergent children passing through the same system. It applies the Picken Diamond governance framework to local authority AI deployment in EHCP decisions, producing a Board Confidence Score of 17/100 and a system-wide unmanaged liability of £3.4 billion. Four statutory instruments, six UK AI Bill clauses, and seven governance recommendations are proposed. Submitted to the DfE SEND Reform Consultation, 18 May 2026. Co-authored with an autistic adult with lived experience.</span></p>

Fields of Study & Subjects

Healthcare Systems and Challenges Social Policy and Reform Studies Early Childhood Education and Development

Publication details

Journal / source
SSRN Electronic Journal
Publisher
Elsevier BV
Publication date
1 January 2026
Document type
Preprint