In a shocking revelation, it has come to light that local authorities and the government in England spent over £100 million last year in failed attempts to block vital support for children and young people with special educational needs (Send). This staggering figure, uncovered through analysis by The Guardian, underscores the depth of the crisis engulfing the Send system as cash-strapped councils battle desperate families in the courts.
Councils Lose 99% of Send Tribunals
The colossal waste of taxpayer money occurred as councils managed to win a mere 136 out of more than 10,000 tribunal cases in 2022-23 – a dismal success rate of just 1.2%. Families are increasingly turning to legal action to challenge local authorities over support agreements known as education, health and care plans (EHCPs), with the number of appeals skyrocketing to record levels.
System “Failing for Families and Councils”
Experts contend that the surge in tribunals and ballooning costs are stark evidence that special needs provision has devolved into an adversarial battle between underfunded councils and families at their wit’s end. The National Audit Office is among those sounding the alarm, recommending “wholesale reform” of a system on the brink of collapse.
“It’s hard to avoid the conclusion that local authorities must calculate, at some level, that it costs them less to contest tribunal appeals, even if they lose, than to provide every child and young person with what the law entitles them to as a matter of course.
– Independent Provider of Special Education Advice spokesperson
Arooj Shah, chair of the Local Government Association’s children and young people board, acknowledged the dire state of affairs: “The fact a significant number of cases are being taken to a tribunal hearing is symptomatic of a system that is failing for families, and councils too, who want to provide the very best for every child, in spite of the rising need for support and financial pressures.”
Record Numbers Seeking EHCPs Amid Funding Squeeze
The number of children applying for and being granted EHCPs has surged in recent years as school and council budgets have been slashed, leaving these legal agreements as the sole lifeline for families to secure extra funding and support. Department for Education data reveals that nearly 1 in 19 children aged 5-15 in England now have an EHCP – but the system is buckling under the strain.
- 13,658 Send tribunals registered in 2022-23, up 24% from prior year
- 21,000 appeals registered in 2023-24, a staggering 55% annual increase
- Only 17,000 concluded, adding to 9,000-case backlog from earlier this year
£105 Million Squandered on Failed Legal Battles
Analysis by Pro Bono Economics paints a grim picture of the financial toll:
- Average cost to councils per tribunal appeal: £8,500
- Total bill for councils on decided cases: £67 million
- Tribunal fees charged to DfE and MoJ: nearly £20 million
- Staff costs on conceded and withdrawn cases: £19 million
In all, over £105 million of public funds were squandered on futile efforts to deny support to some of the nation’s most vulnerable children. As councils grapple with Send budget deficits forecast to hit £5 billion by 2026, the Local Government Association is imploring central government to provide “sustainable long-term funding” and write off the £3.2 billion of accrued debt.
Advocates Demand Urgent Action
Charities and Send experts are uniting in their call for immediate government intervention to pull the system back from the precipice. Stabilizing local authority funding is seen as a critical first step before implementing much-needed reforms to mend the broken framework.
“To relieve the pressure on tribunals and provide the essential services that underpin healthy and happy childhoods, local authorities must be adequately resourced, including investment in workforce development. Government needs to commit targeted investment to create the capacity to break these unhelpful cycles.”
– Council for Disabled Children
With Parliament’s Education Select Committee launching an inquiry and the Education Secretary allocating £740 million to help mainstream schools accommodate more Send pupils, there are glimmers of hope on the horizon. But for the countless families currently embroiled in draining legal battles, relief cannot come soon enough.
As this exposé lays bare, England’s Send system is not just fraying at the seams, but hemorrhaging vast sums of public money as it fails the very children it is meant to support. Root-and-branch reform cannot wait another day; the fate of an entire generation hangs in the balance.
