Three families of children with special educational needs and disabilities (SEND) who are challenging the government's SEND funding policy have been told they can put their case before a judge in June.
The families from North Yorkshire, Birmingham and East Sussex are asking for a review of the legality of how the government provides funding to local authorities, amid concerns that government grants are leaving councils without enough money to fulfil their obligations towards pupils with SEND.
Today, the families were told that their case has been listed to be heard in the High Court on 26 and 27 June.
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Anne-Marie Irwin, a solicitor from the Irwin Mitchell law firm, who is representing the families, said: “How special education needs services are funded is an issue which is continuing to snowball. This is especially the case at a time when many local authorities are setting their budgets for the next financial year in the face of continued budget cuts.
“We continue to hear very concerning accounts from families who say thousands of children in towns and cities across the country are not receiving the education they deserve because of government policy.
“The families feel that there have been left with no choice but to bring this action and are pleased that the High Court recognises that SEND funding is an issue which needs to be looked at urgently in detail.
“While we are prepared to put forward strong legal arguments in court on behalf of the families, we would rather the government re-examine its position and come up with a solution which will benefit families nationally.”
The families have launched a campaign group called SEND Action.
The group includes the families of Nico Heugh Simone, 15, of East Sussex, who has autism and anxiety; Benedict McFinnigan, 14, of North Yorkshire who has been diagnosed with post-traumatic stress disorder, anxiety, depression and chronic insomnia; and Dakota Riddell, 9 (pictured with her mother), who has a number of disabilities including cerebral palsy and global developmental disorder.
The group initially raised funds through crowdfunding but have been granted legal aid to mount the High Court challenge against the government’s funding policy for SEND.
In December 2018, the government announced that pupils with SEND were to receive an extra £350 million in funding.
This will include £250 million over the next two years on top of the existing high-needs budget, to provide support for children and young people with complex SEND, and an extra £100 million investment to create more specialist places in mainstream schools, colleges and special schools.
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 £6.1 billion into provision for those with more complex needs in 2018-19, including an additional £125 million announced in December. This will rise to nearly £6.3 billion in 2019-20.”
