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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.

High Court challenge to begin tomorrow over level of SEN funding for local authorities

The High Court will this week hear a judicial review challenge brought by three families over the Government’s special education needs (“SEND”) funding policy.

The claimants from North Yorkshire, Birmingham and East Sussex have argued that councils across the country are being left without enough money to fulfil their legal obligation of providing education for pupils with a range of disabilities and conditions.

The case will begin in the High Court tomorrow (26 June).

The families have formed a group called SEND Action and are calling on ministers to increase the funding provided to councils.

Commenting in March this year when permission was granted for the challenge, Anne-Marie Irwin, Senior Associate Solicitor at Irwin Mitchell, said: “How special education needs services are funded is an issue which is continuing to snowball. This is especially the case at a time when many local authorities are setting their budgets for the next financial year in the face of continued budget cuts.

“We continue to hear very concerning accounts from families who say thousands of children in towns and cities across the country are not receiving the education they deserve because of government policy.”

Irwin added: “The families feel that there have been left with no choice but to bring this action and are pleased that the High Court recognises that SEND funding is an issue which needs to be looked at urgently in detail.”