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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.

City council orders independent inquiry into monitoring of social media of SEN campaigners

Bristol City Council has voted for an independent inquiry into allegations that officers improperly monitored the social media posts of local campaigners.

The row first erupted last month after a scrutiny board expressed alarm that officers failed to consider whether they needed to carry out a Data Protection Impact Assessment before monitoring social media posts by campaigners for children with special educational news and disabilities (SEND).

report by Bristol's legal service found there had been no surveillance, as defined in the Regulation of Investigatory Powers Act 2000, nor any potential breach of the Article 8 of the Human Rights Act.The report did though recommend that the council’s social media protocol should be updated guidance on viewing and sharing third party social media. 

Bristol is led by Labour elected mayor Marvin Rees but Labour does not have a majority on the council.

Councillors have now passed a motion from the Conservative group which began: “This council remains extremely disturbed over the confirmed actions of local government officers being engaged in the compiling or collating of social media posts belonging to private individuals.”

It said monitoring of those who had criticised the authority’s SEND provision was “arguably, contrary to the spirit of family law and associated statutory guidelines designed to foster confidence and promote the co-production, collaboration and partnership working with those families who rely on these services”. 

The motion called on Mr Rees to hold a genuinely independent inquiry, conducted by the Local Government Association - or some other suitable external body - with the results revealed to full council.

It was altered prior to the meeting to include a call for Bristol Parent Carer Forum to be given a new contract following the council in July cancelling its parent participation grant of £17,500.

Although the council passed the motion by 39 voices to zero with 18 abstentions, there was some controversy over restoring the forum’s grant.

Mr Rees told councillors: “I’m happy if you want to go ahead with the review you can commit capital resources if you want, but publish the costs of it and take ownership of it.”

Mark Smulian