Local Government Association calls for tribunals to be required to “take account of value for the public purse” when making decisions about SEND

In its response to the Department for Education’s SEND reform national conversation, the LGA acknowledged that 99% of appeals to the SEND Tribunal were upheld in 2023/24.

But it claimed that councils are required to implement these decisions “even when the associated costs are unsustainable”.

The LGA's controversial stance emerged after the Save Our Children’s Rights (SOCR) campaign group earlier this month launched a video urging the Government to safeguard SEND legal rights ahead of the upcoming Schools White Paper.

The coalition of campaigners includes the ‘Special Needs Jungle’ parents’ group and charity IPSEA - the independent provider of special education advice.

More broadly in its response, the association warned that the SEND system is not currently meeting need.

The LGA stated that councils aspire to the creation of a “truly inclusive education system” - in which the needs of more children and young people can be met in mainstream settings, without the need for a statutory plan.

To achieve this, the association asked to work alongside central government, partners in education, health and parent-carers, as well children and young people with SEND themselves.

The association observed that the early years are “crucial” in improving the outcomes for children with special needs and disabilities, and outlined an opportunity to develop an inclusive early education system.

It said: “This reiterates the importance of prevention. Early support for babies, children, parents and carers needs to be forefront, including antenatal support. Working with the voluntary and community sector, and better cross working across sectors can ensure children and families get support from the right services at the right time.”

Meanwhile, the LGA noted that any discussion of SEND reform must also consider home-to-school transport.

LGA research indicates that SEND transport expenditure has increased substantially, rising from £644 million in 2015–16 to over £1.7 billion in 2023–24.

The LGA said: “Councils are consistently overspending on this service, diverting funds from other priorities to manage the growing financial burden.

“Councils want to see more children and young people with SEND educated in their local mainstream school, which will improve outcomes and wellbeing (including through fewer children having to travel long distances to and from school), preparation for adulthood and independence and drive down costs, freeing up money to be spent elsewhere.”

Lastly, the LGA addressed as part of the national conversation on SEND reform:

How can we notice when a child or young person needs extra help as early as possible and make sure support starts quickly - even without a diagnosis?
What would help nurseries, schools, and colleges give the right support straight away when they see a child or young person struggling?
How should we record and review the help a child or young person receives, so support can be adjusted quickly as their needs change?
What changes to classrooms, buildings or staff skills would help more children and young people with SEND learn in their local school, college or Early Years (EY) setting?
How can the specialist and mainstream sector (early years settings, schools, colleges) work together to support children and young people so they can be educated close to home?
What support should all nurseries, schools and colleges give to children and young people with SEND as standard, so families do not have to ask or argue to receive it?
What will support parents, children and young people to feel listened to, informed, and involved in shaping the support they or their child receives – especially families in difficult situations, like those facing poverty?
How can we make sure children and young people get the same high‑quality support wherever they live?
Do you think mandatory continuing professional development (CPD) would help achieve high-quality support for children and young people? What CPD topics should it cover for different stages of education?
What evidence should early years, schools and colleges look at to decide the best way to support a child or young person with SEND?
What does good teamwork between local services (like health, education, and councils) look like, and what gets in the way of this?
How can nurseries, schools, colleges, and employers work together to support children as they move through different stages of education, and what would a successful model for this look like?
What would good independent support look like to help families articulate what they need and ensure the plans made for them reflect that?
When needed, what support would help families have their say in resolving disagreements around their child’s provision?