Councils in England have come under scrutiny for what some describe as “wasting” significant sums in legal battles with parents and caregivers concerning disability and educational support for their children. A recently released report reveals that during the 2021-22 period, there were 11,052 cases brought before tribunals related to Special Educational Needs and Disabilities (SEND), with a striking 96% being won by parents, caregivers, and young individuals.
The financial toll of these legal disputes was substantial, reaching approximately £59.8 million, most of which had to be borne by local authorities, according to the Pro Bono Economics report. Parents can request their local authority to assess their child for an Education, Health, and Care (EHC) plan if they believe their child requires more support than what is available through special educational needs programs. These EHC plans identify the child’s educational, health, and social needs and outline the additional support required to meet those needs.
However, if a local authority decides not to conduct an assessment, declines to create an EHC plan, or if there is disagreement concerning the specialized educational support outlined in the plan, this can be contested and appealed to the Special Educational Needs and Disability (SEND) Tribunal.
Pro Bono Economics highlighted a concerning trend of an almost 29% increase in legal challenges to council decisions regarding support for children with additional needs compared to the previous year. The Local Government Association (LGA), which represents councils, characterized this surge as indicative of a system that is fundamentally flawed.
While the LGA acknowledged that government reforms related to SEND would address some issues with the current system, they emphasized the need to go further in addressing the underlying cost and demand challenges faced by councils in meeting the needs of children with SEND.
The report argued that the money “wasted” on unsuccessful SEND tribunals by councils could annually fund approximately 9,960 places in special educational needs units within mainstream schools. Anoushka Kenley, head of advocacy at Pro Bono Economics, expressed concern that children and young people are forced to endure a lack of essential support while these disputes drag on. She stressed the necessity of re-evaluating the entire process to spare children and their families from the stress and hardship of being without the vital support they urgently require, emphasizing the potential benefits to both young people and the economy as a whole.
Stephen Kingdom, campaign manager at the Disabled Children’s Partnership, raised concerns about parents and caregivers being pitted against well-funded barristers paid for by local authorities, ultimately paid from public funds. He called for increased information and advice for parents and young individuals, better training for local council staff to make accurate and lawful decisions initially, and, importantly, enhanced accountability. Kingdom cited the persistent struggles faced by parents in securing the support their children need, underscoring the magnitude of public funds spent in these battles that could otherwise be allocated to essential education and therapies.
The Local Government Association reiterated their recognition of the right of families to appeal to tribunals, highlighting that last year, councils issued a record 66,400 Education, Health, and Care (EHC) plans, showcasing the significant challenges associated with managing the growing demand for support. They emphasized the importance of the government’s SEND reforms but called for further action to address the core cost and demand issues that hinder councils’ ability to meet the needs of children with SEND.
In addition to eliminating high needs deficits, the LGA stressed the significance of enhancing mainstream inclusion as a crucial element for the success of any reforms. They advocated for the powers to intervene in schools not adequately supporting children with SEND to be granted to councils, rather than the Department for Education.
Efforts are underway to engage with the government regarding these pressing concerns. The government has been contacted for comment.