Minister says ‘ambulance chasers’ have no place in EHCP appeals

Lord Agnew says there is no need to involve costly lawyers in pursuing appeals over special educational needs
28th March 2019, 4:00pm

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Minister says ‘ambulance chasers’ have no place in EHCP appeals

https://www.tes.com/magazine/archive/minister-says-ambulance-chasers-have-no-place-ehcp-appeals
Lord Agnew

"Ambulance chasing" lawyers have no place in appeals over support for children with special educational needs and disabilities (SEND), a minister has said.

Education minister Lord Agnew told the House of Lords: “I see no benefit in ambulance chasers benefiting from these cases.”

He added that the services of the charity Independent Parental Special Education Advice (IPSEA) meant “there is no absolute need to use lawyers”, in pursuing appeals over education, health and care plans.


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This came in answer to Liberal Democrat peer Lord Storey, who said there was a rise in the number of law firms offering to act for parents on a no-win no-fee system basis and this was “likely to add further pressure to already hard-pressed local authority budgets”.

Such appeals could cost up to £80,000 if lawyers were involved, Lord Storey said. He added: “Given it costs only about £3,500 to train a specialist teacher, does the minister agree that we should try to prevent this no-win no-fee system from taking off?"

Lord Agnew said: “I certainly support the noble Lord’s suggestion and will take that back to the department.”

Later in the debate, Conservative peer Lord Forsyth said his grandson affected by this, and added: “If you can work your way through the system, you eventually get a result, which I am pleased to say we got.

“But people who do not have the resources or the experience and ability to work the system are completely shut out.”

Lord Agnew said the government had consistently increased funding to the high needs block and in December last year announced an additional £250 million for this.

He added: “I understand and accept that there is demand here, but we are listening and improving the system all the time.”

The Bishop of Ely voiced concern over whether the intention of the 2014 reforms to deliver “a holistic approach by health, education and social care services in the support of children with special needs and of their families” was being met.

He said that when appeals were held “it is not uncommon for social care services to say that they do not know the child.

“Are the government ensuring proactive co-operation between health, social care and education services in supporting such children and their parents?”

Lord Agnew replied: “We are learning from the process…a number of inspection reports have required improvements.”

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