SPOTLIGHT

A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

Group crowd funds for legal challenge over building of school on playing fields

A crowdfunding campaign has raised £3,700 to engage law firm Irwin Mitchell in a dispute over a plan to build a school on playing fields at Rokeby, near Rugby.

Neville Burton, chair of Sustainable Hillside and Rokeby Education, said in an explanation of his case: “Residents have been battling with [Warwickshire] County Council for nearly two years to save a much-loved and well-used open green space from development.

“Our application to have the land registered as a town green has been rejected by that same council, and we now want to appeal against this decision.”

Mr Burton said while an inspector found against the town green application, “we and our legal advisors believe that the decision was flawed for a number of reasons…and that we have a very good chance of getting a verdict that would allow for a second independent Inquiry”.

A Warwickshire planning report said there was a “pressing need for additional school places in Rugby Borough” and a search for other sites had been fruitless.

It said that while open spaces would be lost, “the proposed development will result in the provision of replacement playing field pitches and new sports facilities and new playing fields for the primary school. This represents both a qualitative and quantitative increase in provision locally.”

Mark Smulian