Tania Mathias – 2016 Parliamentary Question to the Department for Education
The below Parliamentary question was asked by Tania Mathias on 2016-09-02.
To ask the Secretary of State for Education, what steps she is taking to restrict the amount spent by local authorities on legal support and advice in special educational needs and disability tribunals.
Edward Timpson
It is up to local authorities to decide how best to spend their Special Educational Needs and Disability (SEND) budgets, based on an analysis of local need. The reforms in the Children and Families Act 2014 were designed to make the SEND system less adversarial for parents and young people, as well as for local authorities. The process of Education, Health and Care (EHC) needs assessment and plan development is designed to be collaborative, meaning that most disagreements should be resolved early on. Where disagreements persist, we have introduced a requirement to consider mediation, which has often proved effective in reducing the need to make an appeal to the SEND Tribunal. For example, in 2015, 75% of disagreements over EHC plans for which mediation sessions were held did not result in a Tribunal appeal in that year.
The SEND Tribunal aims to be facilitative and accessible, so that it should not be necessary for either parents or local authorities to employ legal support when making or defending an appeal. No additional weight is given to evidence because it is presented by a lawyer and many parents and local authorities successfully pursue their case without legal representation.
The Department is currently conducting a Review of Disagreement Resolution Arrangements, as required by the 2014 Act, which will report to Parliament by 31st March 2017. The Review is looking at how the system of disagreement resolution is working for children, young people and their families, which includes enquiring about the costs incurred by both families and local authorities.
