At least 2,421 special needs children who are due to start secondary school in September were not given education plans before the legal deadline, according to data released under freedom of information laws, reported The Independent.
The uncertainty about what school they will go to and whether their support provision will be cut has left vulnerable children crippled with anxiety, lawyers working with families involved said.
Families living in areas that missed the 15 February cutoff date might not get the chance to appeal decisions about what support their children receive before the new term starts.
Education solicitor Samantha Hale from Simpson Miller, told The Independent: “There has to be a proper transition plan in place, and obviously issuing them late puts that in jeopardy.
"Some children struggle with changes. Any change has to be properly planned, if it's not, it can increase anxiety and their behavior will deteriorate. Some children can get so distressed it can impact their physical wellbeing.”
She added that parents were distressed to see their children become ‘distraught’ and felt the measure was outside their control.
Financial constraints meant many parents could not pursue legal action against their local council to get hold of a plan, she added.
"Not everyone is eligible for public funding or able to finance solicitors privately," she said.
"So there's a portion of people who aren't able to challenge it legally, which adds to the unfairness. It means some local authorities are just getting away with it."
Of the 14,709 children whose plans were due by the February deadline, 11,658 were delivered on time, with some local authorities admitting to missing the deadline for over three quarters of the special needs children in their area, the data showed.
In Cheshire East, 79 percent of children who needed a plan did not receive one in time, according to one freedom of information request filed by Simpson Miller.