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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.

Judge to hear challenge this week to £5m cuts by city council to SEND budget

A rolled-up hearing will be held tomorrow (24 July) at Bristol Civil Justice Centre over Bristol City Council’s decision to reduce special educational needs and disabilities (SEND) spending by £5m in the local area, it has been reported.

The challenge has been brought by two families, represented by Simpson Millar’s public law and education team.

The law firm said Bristol’s budget cuts included (by way of example) the following categories:

  • SEN top-ups for “maintained schools (Bristol)” will reduce by £767,000
  • SEN top-ups for “special schools (Bristol)” will reduce by £1,166,000
  • Funding for Bristol’s pupil referral unit will reduce by £150,000

Simpson Millar partner Dan Rosenberg said: “We have significant concerns that the council did not follow the appropriate procedures and legislation in making these reductions, and did not properly consult those likely to be impacted.

“After all, £5m is a significant amount of money and there is no doubt that many of society’s most vulnerable will be affected”.

This year both Surrey County Council and the London Borough of Hackney have been hit with legal actions over proposed cuts to SEN funding.