Local Authority demands to end the SEND Tribunal role

The County Councils Network (CCN) and the Local Government Association (LGA) recently commissioned a 166-page report exploring the need for fundamental reform of the SEND system in England; ‘Towards an effective and financially sustainable approach to SEND in England’ was issued by management consultancy, ISOS Partnership, in July 2024. 

Overall, it determined that the 2014 SEND reforms were unsuccessful and therefore that reform of the SEND system is unavoidable. The report blames the rising cost of SEND on the rise in Education, Health and Care Plans (EHCPs) being issued for children and young people, noting that the number of EHCPs has more than doubled over the past decade. Whilst this is unsurprising following the September 2023 reveal of a covert government deal targeting 20% cuts to the number of new EHCPs being issued, the latest ISOS report is likely to have a further detrimental impact upon children and young people being provided with the support that they require. It is likely that we will see further pushback from Local Authorities by reducing the number of EHCPs being issued, even in the strongest of cases. 

The ISOS report places emphasis upon mainstream education, highlighting that the supply of specialist placements is vastly outstripped by the number of children who are assessed as needing one. It is arguable that this narrative simply encourages Local Authorities to continue awarding mainstream placements to pupils who instead require more specialist support, resulting in increased appeals to an already overwhelmed SEND Tribunal service. ISOS report that this in turn results in Local Authorities paying much higher fees to fulfil their statutory duties, ‘often at the direction of tribunals’.

If you feel that your child has been unlawfully denied an EHCP or has been issued an EHCP which fails to meet their special educational needs, we would encourage you to challenge this decision and get in touch with our education law solicitors today. 

ISOS proposed eight solutions for addressing the SEND crisis, one being that the involvement of the Tribunal in determining disputes should end. Health and Local Authority leaders describe the effects of the SEND Tribunal on the operation of the SEND system as ‘problematic’, and questioned the appropriateness of a judicial body making active decisions about the educational provision and placements of children and young people. There is instead a demand for a new, independent, non-judicial mechanism for dealing with disputes about Local Authority decision making. 

Local Authorities are, however, failing to acknowledge that without the involvement of the Tribunal, thousands of vulnerable children and young people would be left without access to the support that they require. The SEND Tribunal plays a crucial role in overturning the unlawful and unreasonable decisions of Local Authorities; an end to this would undoubtedly result in further injustice and devastating consequences for families affected by SEND. 

If your child has special educational needs that are not being met by their Local Authority, please contact our specialist SEN solicitors today. Our education law team has a wealth of experience assisting with SEN matters and would be pleased to assist you in challenging an unlawful Local Authority decision. We offer a free initial consultation to discuss the best way to challenge the decision and how we might be able to assist you with this. If you would like discuss your matter with one of our SEND lawyers, please contact us on 0333 202 7175 or education@hcbgroup.com.