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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 raise £10k+ for legal action over closure of special needs schools

A campaign group opposing the closure of special needs schools in Wiltshire has raised more than £10,000 through crowdfunding for a judicial review.

Keep Special Schools Local said on its crowdfunding page that it opposed the closure of St Nicholas School in Chippenham and Larkrise School in Trowbridge and their replacement - along with another school in the county - by two ‘centres of excellence’.

The campaign has raised £10,237 towards a £15,000 target.

It said the proposed replacement ‘centre of excellence’ school for St Nicholas and Larkrise would be in a remote location, which would create difficulties for children with complex and severe learning and physical disabilities.

“Some are on oxygen, some have life-limiting conditions, while many have autism and/or epilepsy,” the group said.

“A lot of our children would not cope in such a large, impersonal school setting, encountering numerous unfamiliar faces every day.”

The group said that to promote its challenge it had “instructed a fierce legal team” of solicitor Keith Lomax from Watkins Solicitors and barrister Steve Broach from Monckton Chambers.

Mr Lomax said: “There are specific requirements for the council to engage with parents, children, council, communities, and when a council runs roughshod over us – as we say Wiltshire Council has – then we need to stand up and shout.

“But protest is not enough. We need legal action, too, and that means legal costs.

"If challenges like these are not taken up, then councils will go on trampling on people’s rights.”

A Wiltshire statement said the proposed purpose-built school at Rowdeford would have the latest facilities including hydro-pools, sensory rooms, child friendly spaces for learning and plenty of outdoor open space.

Laura Mayes, cabinet member for children's services, said: "These are ambitious proposals but we are ambitious for our children.

“We want them to attend a great school which provides the facilities and support for them to really thrive. This will secure a great future for our children and young people.  A key part of our vision is extending opportunities to create closer links with SEND schools and neighbouring mainstream schools.

"I want to reassure parents that we want to take them with us every step of the way.”

Mark Smulian