The High Court handed down judgment in the case of families challenging the government’s approach to special educational needs funding.
Three families, from North Yorkshire, Birmingham and East Sussex, had launched a landmark legal case calling on ministers to increase the amount of funding councils receive. They believed that government budget decisions were leaving local authorities across the country unable to fulfil their legal obligation of providing education to children with special educational needs. A two-day hearing was held in the High Court in June 2019 and the court found that the families had an arguable case, but ruled that the government did not act unlawfully in the particular circumstances of this case.
Caroline Barrett says: “The hearing was held after the High Court deemed this to be an important issue which needed to be thoroughly examined by the court. We believe that it was the first time that the High Court has granted permission for a legal challenge against a government budget decision.
“We feel that very strong legal arguments were put forward on behalf of the families that the decisions taken about SEN funding were so inadequate as to make them unlawful. Our clients are disappointed by the decision but thank the court for hearing the families’ case.
“How SEN 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 the hearing pledging additional government money for SEN and for a review of the SEN system. However, 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 SEN can access the education they are entitled to.”
This landmark hearing provides yet another call for reform of the SEN system and its funding. In September 2019, the government said it would provide an additional £700 million in 2020/21 for pupils “with the most complex needs”. Schools and families are now waiting to see if these pledges materialise into extra funding for education and care for vulnerable children.
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