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Three families lose High Court case against government's SEND funding

THREE families have lost a High Court challenge against the government over special educational needs funding.

The families brought the legal action over the government’s approach to providing special educational needs and disabilities (Send) funding, on behalf of all young people who rely on it.

Their lawyers previously told the court that there was a “genuine crisis” in Send funding for children and young people which could “blight their lives forever.”

But Mr Justice Lewis ruled today that there was “no unlawful discrimination” in the way the government made provision for Send funding.

The legal action was brought by three children, who acted through their mothers — 15-year-old Nico Heugh Simone, from Robertsbridge, East Sussex, nine-year-old Dakota Riddell, of Birmingham, and 14-year-old Benedict McFinnigan, from Scarborough.

Jenni Richards QC, for the families, told the court at a hearing in June that there was “clear and incontrovertible evidence” of a “substantial national shortfall” in funding.

Ms Richards argued that former chancellor Philip Hammond acted unlawfully in setting the national budget in October 2018, and former education secretary Damian Hinds did so when making available additional, but “manifestly insufficient,” Send funding in December.

She told Mr Justice Lewis that they did not take enough account of the “nature and extent of the crisis” in Send funding when making those decisions.

Ms Richards said Department for Education statistics showed “rising demand” for Send funding, which had “not been matched by anything like a commensurate increase in funding.”

She said the figures showed that there were 25,540 young people aged 16-25 in January 2015 with a statement or education, health and care (EHC) plan, which had increased to 84,260 by January last year.

The families sought a declaration that the government’s approach to Send funding is unlawful, which they said would force ministers to consider increasing the amount available.

Dismissing the case, Mr Justice Lewis said that there was “no reasonable basis” for concluding that the defendants were treating children and young people with special educational needs in a similar way to other children without such needs.

National Education Union joint general secretary Dr Mary Bousted said: “Today’s verdict is a huge blow to the families and children involved in this case, and allows the government to once again shirk its responsibility for these young people by fobbing them off to severely underfunded local authorities, who do not have the financial capacity to provide the specialist care and provision these families need and deserve.”

 

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