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.

Number of children and young people with SEND receiving support from councils reaches record high: LGA

The Local Government Association (LGA) has highlighted the “vital” need for SEND reform, as the number of children with special educational needs and disabilities (SEND) receiving support from councils reaches a record high.

According to figures published by the Department for Education today (13 June), councils issued 84,428 Education, Health and Care Plans (EHCPs) in 2023 – an increase of 26.6% on the previous year.

EHCPs combine a child’s education, health and social care support into a legal document issued by local authorities in England.

As of January 2024, there are now 575,963 children and young people with an EHCP.

The LGA warned that the rising need and cost pressures make it “imperative” that whoever forms the next government reforms the SEND system.

It noted that the increase in EHCPs is also driving “escalating costs” of home-to-school transport for children with SEND, with budgets up by 23.3% in 2023/24 compared to the previous year.

The DfE data revealed that the proportion of new plans issued within 20 weeks has increased – with 50.3% of new EHC plans issued within 20 weeks in 2023, an increase compared to 49.2% in 2022.

Cllr Louise Gittins, Chair of the Local Government Association’s Children and Young People Board, said: “Councils want to be able to provide the very best support to children with special educational needs and their families.

“However, these record figures are a reminder of the huge pressure councils are under, with the number of EHCPs increasing every year since they were introduced in 2014.

“It is absolutely vital whoever forms the next government brings forward proposals without delay to reform the SEND system, with a focus on improving levels of mainstream inclusion, as well as write off councils’ high needs deficits.”

The Department for Education has been approached for comment.

Lottie Winson