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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.

LGA calls for legislation to be brought forward “urgently” ahead of Commons debate on SEND provision and funding

The Local Government Association (LGA) has called on the Government to “urgently” bring forward legislation that gives councils the powers to lead local SEND systems.

The call comes in a briefing ahead of a Commons debate on SEND provision and funding on Thursday (11 January).

Councils warned that previous reforms to the SEND system set out in the Children and Families Act 2014 have “failed” to achieve the goal of improving provision for children with special educational needs and disabilities.

The LGA said the reforms were “not supported by sufficient powers or funding to allow councils to meet the needs of children with SEND or hold health and education partners to account for their contributions to local SEND systems”.

Making recommendations for change, the Association said councils would like the Department for Levelling Up, Housing and Communities (DLUHC) to “coordinate capacity issues impacting children’s social care, SEND and early years across Government”.

Additionally, the Government should use the SEND improvement plan to “recognise the interconnection between special educational needs, emotional needs and mental health”.

The LGA recommended the introduction of mental health support teams in schools, as well as investment in community mental health support for children who cannot access school-based mental health provision.

Councils warned that the current proposals “do not go far enough” in tackling the rising demand of mental health need, nor sufficiently focus on the particular needs of children with special educational needs.

Demand for Education, Health and Care Plans (EHCPs) continues to rise year-on-year. A total of 517,000 children and young people currently have an EHCP, an increase of 9% on 2022.

On this, the LGA said: “We do not believe that the proposals set out in the Government’s SEND and Alternative Provision improvement plan will result in this increase either slowing down or stopping.”

The Department for Levelling Up, Housing and Communities has been approached for comment.

Lottie Winson