SEND reforms consultation: Comment from education lawyer
Sweeping reforms to the special educational needs and disabilities (SEND) support system have been proposed by the UK Government.
Published alongside its Schools White Paper, the Department for Education (DfE) has launched a consultation on SEND reform until 18 May.
The reforms shift SEND support towards early, local, evidence‑based help in mainstream settings, with only the most complex needs supported through education, health and care plan (EHCPs) based on new national specialist provision packages (SPPs).
They also propose changes to the appeals system. Families can still take cases to the SEND Tribunal, but appeals will focus on whether a child qualifies for an SPP, which package is appropriate, and disputes over placements.
Philip Wood, Principal Associate at UK and Ireland law firm Browne Jacobson, advises schools and trusts on SEND matters and the SEND tribunal.
He said: “Proposed reforms to the SEND Tribunal appeal process represent a fundamental change that will have a profound impact on parents and schools.
“While the existing framework weighs the decision in favour of parents, where there are strong tests in favour of parental preference in terms of school placement, it is proposed that parents will in future express a preference from a list of recommended schools by a local authority.
“If parents are not happy with the decision of the local authority, which will now have to consider matters such as effectiveness, value for money and fairness, parents will still be able to appeal to the SEND Tribunal – but the Tribunal will instead decide whether a local authority’s decision on school placement is reasonable under the suggested changes.
“In those circumstances, it will still be down to the local authority to reconsider its decision, with the Tribunal no longer deciding the placement. It remains unclear what will happen if, following the reconsideration, there is still a disagreement between the local authority and parents. It may be that parents then have to resort to judicial review action in the High Court.
“Given that more than 60% of SEND appeals last year at least partly related to placement, this is a significant change to the existing legal rights that parents have. As a result, they may seek to make further complaints and claims to schools, in relation to their SEND provision, under the Equality Act 2010 instead.
“The eye of the storm on SEND disputes therefore looks set to move from local authorities to schools.”
Contact
Dan Robinson
PR & Communications Manager
Dan.Robinson@brownejacobson.com
+44 0330 045 1072
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