Last week saw the Special Educational Needs & Disability (SEND) system in the news.  On 25 July, ITV put a spotlight on SEND with an extensive survey showing that thousands of SEND children are facing long legal battles to get suitable education for children with special educational needs: What is Spotlight on SEND? ITV News’ day of focus on the special needs system | ITV News Anglia.

At the same time the County Councils Network (CCN) and the Local Government Association (LGA) produced a report “Towards an effective and financially sustainable approach to SEND in England”..

What both reports seem to recognise is the current SEND system is fraught with delays and there are far too many cases going to tribunal and needing judicial determination. Bindmans have substantial experience of the pressures that the tribunal are under, which is now leading to long waits and hearings being adjourned and listed for a later date, at extremely short notice. This is distressing for families and leads to further delays in all parties getting to a conclusion as to what special educational provision should be in place for a vulnerable child.

A Law Society Gazette article Council bodies demand end to SEND tribunal role as well as an opinion piece Council bodies want shot of SEND legal duties report that local authorities lose 96% of tribunal cases when parents appeal local authority SEND decisions to tribunal. This is a very startling statistic; it is difficult to think of another jurisdiction where one party has such high prospects of success.

The report refers to a solution where local authorities and local health services are best placed to assess what is available and appears to be suggesting the end of the tribunal for determining these very important matters of how a child’s special educational needs should be met. However, the tribunal provides a very important independent check on local authorities who are routinely rejecting requests for assessments of special educational needs and key amendments to EHC Plans. 

If local authorities took a different approach at the outset this would lead to matters working much better on a local level, with improved relationships and costs of tribunal proceedings being avoided. When the statistics suggest local authorities are routinely making unlawful decisions, it is the worst moment to leave them to police their own behaviour.