Parents to take government to High Court over special needs funding cuts

'Funding policy is leaving thousands of pupils in limbo'

A group of parents are taking the government to court over its lack of special educational needs and disabilities (SEND) funding which they say leave “thousands of children across the country in limbo”.

The families, who have formed the group SEND Family Action, have launched a High Court legal challenge against the government as they say children are not receiving the support they need.

It comes after the Ofsted chief warned this month that the support for children with special educational needs is too “disjointed and inconsistent”.

The parents, from North Yorkshire, East Sussex and Birmingham, raised funds through an online crowdfunding campaign and they have now been granted legal aid to bring the challenge.

Lawyer Anne-Marie Irwin, from Irwin Mitchell, who is representing them: “We have heard extremely worrying first-hand accounts from the families we are supporting about the issues and obstacles their children have faced.

"They believe that the government’s current funding policy is leaving thousands of pupils across the country in limbo and that the government is failing in its legal duty to unequivocally promote the well-being of children."

Funding cuts to SEND are being challenged locally across the country – but this is believed to be the first time that parents have taken direct action against the government.

In August this year, parents of children with special educational needs won a landmark case after taking Bristol City Council to the High Court over £5m cuts to the SEND budget.

Last week the government announced a £350m funding package to support children with SEND - but parents and headteachers say much more still needs to be done to fix the “crisis” in funding.

Children and Families Minister Nadhim Zahawi said: “We want all children to attend a school that supports them to thrive, go on to higher or further education or training, find a job that’s right for them, and to live happy and fulfilled lives. Our ambition is for children with special educational needs and disabilities is no different – we want them to enjoy school and achieve as highly as possible.

"This is why we are investing £6.1bn into provision for those with more complex needs in 2018-19, including an additional £125m announced earlier this week. This will rise to nearly £6.3bn in 2019-20. The government has now been notified of the launch of a judicial review and will be responding in January.”