More than £100 million was spent last year by local authorities and the government on failed efforts to block support for children and young people with special educational needs in England, according to analysis by the Guardian. This staggering expenditure came after councils won just 136 out of over 10,000 tribunals in 2022-23, with a success rate of a mere 1.2%. The rising numbers of appeals and mounting costs highlight the adversarial battle between cash-strapped councils and desperate families when it comes to providing special education support.
Families in Battle
Record numbers of families are taking councils to court to challenge agreements known as education, health, and care plans (EHCPs). The surge in appeals points to a broken system that is failing families and councils alike, despite the increasing need for support and financial pressures. A spokesperson for the Independent Provider of Special Education Advice noted that local authorities seem to find it cheaper to contest tribunal appeals than to provide children with the support they are entitled to under the law.
Urgent Reform Needed
Experts emphasize the urgent need for reform in special educational needs and disabilities (Send) services. The Chair of the Local Government Association’s children and young people board highlighted that the high number of cases going to tribunal hearings is a clear sign of a failing system. The Department for Education (DfE) data reveals that nearly one in 19 children aged between five and 15 in England now have an EHCP, indicating the increasing reliance on this support mechanism.
Financial Strain
The Send tribunal saw 13,658 appeals against EHCP decisions in 2022-23, a 24% increase from the previous year. The costs to councils for each appeal averaged around £8,500, totaling £105 million. The Council for Disabled Children stresses the need for adequate resources and workforce development to address the mounting pressures on the system.
Call for Action
Experts and organizations are calling on the government to provide sustainable long-term funding for councils and to address deficits in high-needs spending. A Send specialist from Twinkl highlighted concerns about councils missing legal deadlines for EHCPs due to reduced funding. The government’s commitment to driving reform in Send services is seen as a step in the right direction, but more targeted investments are needed to break the cycle of inefficiency and delays.
In conclusion, the overwhelming costs and inefficiencies in supporting children with special educational needs in England underscore the urgent need for systemic reforms and increased funding. Families, councils, and experts are all in agreement that the current system is failing those it is meant to support. It is crucial for stakeholders to come together to find sustainable solutions that prioritize the well-being and education of children with Send needs.
