More than £100 million was spent last year by local authorities and the government on unsuccessful attempts to block support for children and young people with special educational needs in England, according to Guardian analysis.
Despite huge costs in legal fees and staff resources, councils won only 136 out of more than 10,000 tribunals in 2022-23, with a success rate of 1.2% as record numbers of families sued councils over agreements known as education. Moved to the courts to challenge the. , Health and Care Plans (EHCP).
Experts said the rising number of appeals and rising costs were evidence that special education provision was becoming an uphill battle between cash-strapped councils and desperate families. National Audit Office Among those recommending that “wholesale reforms” were needed.
a spokesperson for Independent provider of special education adviceA charity that provides free legal aid to families said: “It is difficult to avoid the conclusion that local authorities must at some level calculate that fighting tribunal appeals costs them less than providing every child, Even if they lose the young person definitely gets everything the law entitles them to – because most families do not. [or] Cannot appeal.”
Arooz Shah, chair of the board of the Local Government Association for Children and Young People, said: “The council fully recognizes the right of families to appeal to the tribunal. However, the fact that large numbers of cases are being taken to tribunal hearings is symptomatic of a system that is failing families and councils, despite the growing need for support, for every child. Want to provide the best. and financial pressures.
“These show that improvements in special educational needs and disabilities [Send] The services are urgent and necessary.”
The number of children applying for and being granted an EHCP has increased in recent years as school and council budgets have been reduced, making it difficult for families to access additional funding and support for the child and their place of education. The only way out remains EHCP.
Department for Education (DfE) figures show that around one in 19 children aged five to 15 in England now have an EHCP, which can name a school for the child to attend and the information they are given. Can provide additional assistance, details about payment. Of a local authority’s high-needs budget.
SEND Tribunal in 2022-23 13,658 appeals were filed against EHCP decisions, a 24% increase from 11,052 the previous year. latest data, Published this monthIt revealed tribunal costs will continue to rise after 21,000 appeals were lodged in 2023-24 – an annual increase of 55% – and only 17,000 were concluded, adding to the 9,000-case backlog seen earlier this year .
Of the 13,658 tribunals registered in 2022-23, 7,829 adjudicated fully or partially in favor of the appealing families. Detailed Analysis by Pro Bono EconomicsUpdated government research figures compiled for the DfE and the Ministry of Justice (MoJ) show that each appeal cost councils an average of £8,500, equivalent to £67 million. Tribunal fees recovered from the MoJ and DfE totaled close to £20m.
Of the remaining tribunals, 2,556 were accepted by councils, while 1,187 were withdrawn, but even in those cases the staff time and costs required were approximately £19 million, totaling £105 million. The remaining approximately 2,000 appeals were added to the tribunal’s backlog.
Council for Disabled ChildrenWhich represents more than 300 voluntary and community organisations, said: “To reduce pressure on tribunals and provide the essential services that underpin healthy and happy childhoods, local authorities must be adequately resourced, including Also includes investments in workforce development.
“The government needs to make targeted investments to build the capacity to break these dysfunctional cycles. Stabilization of local government is an important prerequisite for much-needed reforms in the SEND system.
Georgina Durant, SEND expert and head of inclusion at educational publisher Twinkl, said: “We know that public services have been decimated across the board and this is reflected in councils not meeting legal deadlines for EHCPs. There are also concerns that the threshold for assessing EHC needs has been increased to reduce costs.”
Shah said the government needed to provide “sustainable long-term funding” for councils, as well as waive the £3.2 billion shortfall in high-needs spending accrued by local authorities, rising to £5 billion by 2026. Estimated to arrive.
A DfE spokesperson said: “Every child should have the opportunity to achieve and progress at school, but too few are currently being given this chance.
“The far-reaching reform that families are demanding, and this Government is driving, will take time, but with a greater focus on mainstream provisions and more early intervention – kickstarted with our significant investment in SEND in the Budget “We will deliver the change that is desperately needed.”
On Friday, MPs on the Commons education select committee announced an inquiry into SEND, focused on finding solutions.
Labor MP Helen Hayes, who chairs the committee, said: “What we are hoping to do is focus on where improvement is needed, what good practice might look like and where we can learn lessons from “
The Education Secretary, Bridget Phillipson, this month announced a £740 million capital allocation for mainstream schools to adapt buildings and facilities to accept more students.