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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.

County council proposes £5k ‘fine’ per excluded pupil for schools

Gloucestershire County Council has proposed that schools could be fined £5,000 per excluded pupil, with the ‘fine’ passed on to schools willing to accept the children concerned.

The proposal was in a high needs provision consultation, which closed in September and from which the council is assessing some 1,000 responses ahead of a December cabinet meeting.

Permanent exclusions in Gloucestershire reached 110 in 2016-17, a level the council called “worryingly high”.

It said exclusion “can have a life-changing effect on children and their families” but it had difficulty in finding schools willing to accept a child excluded from another school and they rarely returned to mainstream schools.

A Gloucestershire spokesperson said: “Children who are excluded from school are able to continue their education, full-time, through the county council’s alternative provision service whilst the council works with the family to find them a permanent school place.

“Support to get to the root cause of why a young person has been excluded is offered based on the needs of the individual child, which might include personalised support from one of our advisory teachers or a member of the Educational Psychology Service.”

Mark Smulian