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£60m wasted in SEND tribunals disputing EHCP plans – research

Councils wasted £60m in unsuccessful court disputes in SEND tribunals, which could have been used to fund specialist support for children with special educational needs, according to new research.
Pro Bono Economics said the growing number of legal challenges about how to support children with additional needs was ‘deeply worrying’ PHOTO Adobe Stock
Pro Bono Economics said the growing number of legal challenges about how to support children with additional needs was ‘deeply worrying’ PHOTO Adobe Stock

A report by Pro Bono Economics, commissioned by the Disabled Children’s Partnership, has found that more than 11,000 SEND tribunals, which contest decisions made by local authorities, were lodged in 2021-22, a rise of 29 per cent on the previous year.

Councils lost 96 per cent of those cases that went to a hearing.

The tribunals were brought by parents or carers of children or young people with SEND disputing council decisions about education, health and care plans (EHCPs).

Anoushka Kenley, head of advocacy at Pro Bono Economics, said, the growing number of legal challenges about how to support children with additional needs was ‘deeply worrying’ and meant children and young people were ‘forced to people forced to go without essential support while these disputes rumble on.’

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