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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.

Campaigners eye legal action over lack of funding for councils for disabled pupils

The families of two boys with special educational needs are seeking to bring a judicial review challenge against the government on the basis that current grants are leaving local authorities without enough money to fulfil their legal obligations.

The families have formed a group, SEND Family Action, and instructed law firm Irwin Mitchell and barrister Stephen Broach of Monckton Chambers to investigate potential grounds for a claim. They have also set up a crowdfunding appeal in a bid to raise £5,000 towards the legal action.

News of the crowdfunding comes ahead of a High Court hearing next week (2 and 3 October) into the lawfulness of Surrey County Council’s proposals to cut spending on services for disabled children by £20m.

A case against the London Borough of Hackney over its plans is scheduled to start on 31 October and is listed for a two-day hearing.

Anne-Marie Irwin, Associate Solicitor at Irwin Mitchell, said: “Through our work in helping families of children with special educational needs we have seen the increasing strain local authorities are being placed under because of budget cuts.

“The issue of councils being able to fund specialist services is a growing problem with concern that an increasing number of local authorities are failing to meet their statutory responsibilities to disabled children.”

She added: “The families are concerned that local authorities are not receiving enough funding so wish to investigate whether there are legal grounds to challenge the government over its funding support.

“They believe that thousands of children across the UK with special educational needs are currently unable to receive the support that they need.”