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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.

Two in five parents of children with SEND forced to leave jobs to fight for in-school support: report

Two in five parents (41%) of children with Special Educational Needs and Disabilities (SEND) have had to give up work completely in order to pursue their children’s legal rights to in-school support, while 33% have had to reduce working hours, according to a survey carried out by Support SEND Kids.

The survey, commissioned by Sky News, aimed to uncover the “hidden costs” that the lack of support from employers, schools and local authorities can have on the working patterns of SEND parents.

It warned there is “huge financial pressure” on a vast number of SEND families. For example, it noted that waiting times of two to four years for NHS assessments have meant many families have turned to the private sector, where assessments can cost thousands of pounds.

The report added: “Chasing the local authority to deliver on their statutory obligations or hold them to account when deadlines are endlessly missed, often means going to Tribunal.”

One survey respondent said: “[We paid for] Tribunal costs, twice. With barrister and expert witness support both tribunals cost in the region of £20,000. They were both won with the LA capitulating on the morning of the tribunal because they had no case.”

The report noted that in most cases, legal costs are never repaid to families, even when local authorities lose their case.

The charity observed that an EHCP does not guarantee access to the right support. Authors said: “When the EHCP is inadequate, not delivered on, or not kept up to date, the child is still vulnerable to insufficient support and the load falls back onto the parent.”

Some of the other hidden costs cited by SEND parents included:

  • Wraparound care: A lack of breakfast or after-school clubs that cater for SEND children significantly reduces the working day for many women, as does a lack of provision during the school holidays.
  • Stress levels: SEND parents highlighted the “emotional and mental cost” of having to fight on behalf of their children, and its impact on other relationships and missed career progression opportunities.
  • Demands by school, local authority, health professionals for parent to be available at short notice: The parent is often assumed to be ready at a moment’s notice to attend meetings, come into school to handle difficulties with their child or to attend Tribunal or other legal requirements.

The Department for Education has been approached for comment.

Lottie Winson