Families lose landmark SEND case against Government

The three families from North Yorkshire, Birmingham and East Sussex argued that central government budget decisions are leaving local authorities across the country unable to fulfil their legal obligation to provide education to children with special educational needs and disabilities (SEND).

Following a two-day hearing in June at the Royal Courts of Justice in London, the court has today handed down the judgment, ruling that while the families had an ‘arguable’ case, the Government did not act unlawfully in the ‘particular circumstances’ of the case.

Solicitor's comments

Anne Marie Irwin, senior associate solicitor at Irwin Mitchell, who acted for the families, said, ‘We and the families are disappointed by today’s decision but thank the court for hearing the case.

‘How SEND services are funded is still an incredibly important issue, affecting tens of thousands of families, and one that needs addressing. We welcome the announcements that were made after June’s hearing pledging additional Government money for SEND and a review of the SEND system.

‘However, our clients believe that there is still a long way to go. It is vital that action is now taken to ensure children benefit from these pledges so young people with SEND can access the education they are entitled to.’

Families' comments

The families have vowed to continue to campaign for change. They include Lorraine Heugh, of Robertsbridge, East Sussex, who has faced issues with the council refusing to meet the full cost of her son's requirements. Her 16-year-old son, Nico Heugh Simon, has autism, anxiety and other related conditions. 

Another of the parents, who brought the legal challenge, is Mary Riddell from Great Barr, Birmingham. Her nine-year-old daughter, Dakota, has a number of conditions including cerebal palsy, global development delay and muscle disorders clonus and dystonia. While an education, health and care (EHC) plan was drawn up for Dakota in 2016, it was not updated for three years despite changes in the level of support she requires.

Ms Riddell said, ‘It was an honour and a pleasure to campaign with parent carers across the UK and fight for what our children deserve.

‘Although we welcome the extra funding and the review of SEND, I am obviously disappointed in the result. I will continue to fight for what I believe is right and what our children deserve.

‘On behalf of the parents, I would also like to thank all those who supported us during the case. The stories we heard of how other children have also been affected by SEND funding vindicated our decision and now make us determined to continue to push for improvements.’

Jo Campion, deputy director at the National Deaf Children's Society, an organisation which featured as a witness in the case, said, 'Children with special educational needs and disabilities across the country are struggling to get the support they need and they’ve been consistently let down by a chronically under-funded system. This judgement in no way alters the fact that hundreds of thousands of disabled children have seen their support slashed, their specialist teachers cut back and their vital technology withheld.'

Dr Mary Bousted, joint general secretary of the National Education Union (NEU), added, 'Families of children with SEND have struggled for years against the limitations that cuts to funding have placed on their children’s ability to access education. Today’s verdict is a huge blow to the families and children involved in this case, and allows the Government to once again shirk its responsibility for these young people by fobbing them off to severely underfunded local authorities, who do not have the financial capacity to provide the specialist care and provision these families need and deserve.

'Despite the Government’s recent announcement of additional investment in SEND, there is still a £1bn shortfall in SEND funding which the Government must now urgently address. The National Education Union will continue to stand in solidarity with SEND Action and fight to ensure that all children with SEND have access to the provision they deserve.'

Government response

A Department for Education spokesperson said, 'No child should be held back from reaching their potential, which is why we recently announced major new high needs funding worth well over £700 million in 2020-21 – an increase of more than 11 per cent on the amount available this year, bringing the total spent on supporting those with the most complex needs to over £7 billion.

'We have also launched a review of the system to see how it can make further improvements to make sure every child gets the education that is right for them.'