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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.

We want children to be kept with their families “wherever possible”: Minister for Children at NCASC

The Government’s intention is for children to be kept with their families “wherever possible”, the Minister for Children, Families and Wellbeing, David Johnston, said last week when speaking at the 2023 National Children and Adult Services Conference.

In his keynote speech delivered virtually on 30 November, he told delegates that the Department for Education is committed to further understanding the complex issues faced by the sector and is keen to work with local authorities to find solutions.

Johnston noted that one of the key challenges was having a “better relationship” with parents and families. He told attendees: “We want children to be kept with their families wherever possible, and we want to value both your role and the role of parents in this."

He announced that the Government will this month publish its kinship strategy – with the aim of giving kinship carers support and training.

Kinship care is when a child lives full-time or most of the time with a relative or friend who isn’t their parent.

When questioned on the use of family drug and alcohol courts (FDACs) in order to help keep children with their families, the Minister for Children described this as a “total no brainer”.

On Special Educational Needs provision, Johnston noted that the Department for Education wants children “where possible, to be supported in mainstream schools before they require an EHCP [Education, Health and Care Plan]”.

He acknowledged that transport provision and tribunals were putting considerable pressure on local government finances.

The National Children and Adult Services Conference also heard from the Minister for Social Care, Helen Whately, who addressed the new assessment regime for adult social care services which will see councils handed an overall rating of either ‘inadequate’, ‘requires improvement’, ‘good’ or ‘outstanding’.

The Minister argued that the assurance process, carried out by the Care Quality Commission (CQC), would mean that councils doing a good job will be “recognised”, and those who aren’t can “learn from the best”.

Emphasising the value of care workers, she added: “I know that care workers deserve to be recognised and supported for the important and skilled work they do.”

Responding to concerns raised by attendees on the impact of the National Living Wage increase on local authorities, she said: “I will continue to argue that local authorities get the funding they need to achieve this.”

Lottie Winson