(UK) Norfolk: Council "rising costs" of SPED; "increasing complexity of needs"

Jan 20, 2025, DissMercury: Norfolk council's £870k [$1M] legal bill for fighting parents

E. England

Parents appealed more than 455 decisions over placements for children with special educational needs and disabilities (SEND) in 2024.

The cost of such placements - providing specialist education for children who have specific needs - are placing an increasing strain on the County Hall finances, prompting it to spend money resisting the demands of parents in some cases.

The rising costs of SEND education and the legal fights associated with it has led leaders to ask the government to consider changing the system so that the particular circumstances of Norfolk County Council - including the huge pressure on places in special schools - are taken into account at tribunals.

However, critics have branded the move "deplorable", saying the proposed change is designed to increase the council's chances of winning at tribunals - even if that is not in the best interests of children.

How many appeals were there?

In 2024, parents lodged 455 appeals against County Hall's decisions over school placements for youngsters with special educational needs and disabilities, up on 308 the year before.

In 159 of last year's cases children were subsequently placed in special schools, while hundreds have yet to be resolved.

Of 31 which ended up before judges, 23 found in favour of the children, five were partially dismissed/allowed and three were dismissed.

Between April and December last year, the council spent £872,000 [$1M] trying to defend decisions.

Appeals are often over whether the child goes to mainstream or specialist schools.

What are the pressures?

The Conservative-controlled council has been spending £120m to [$149M] build new specialist schools, including in Great Yarmouth, Fakenham and Easton, with plans for more. It has also created new specialist resource bases.

Even though the number of funded special school places has doubled in the past decade, the council is still struggling to provide enough spaces - and costs are rising.

Sara Tough, County Hall's director of children's services, recently criticised the 'profiteering' by some private providers of specialist education.

The pressure on the council is such that, in March 2023, it signed a "safety valve" agreement with the government, getting £70m [$87M] for education services and support for SEND children up until 2029.

The bailout was to cover the deficit the council accrued amid a rising number of children needing specialist provision or extra support at school, and the increasing complexity of needs.

What does the council want to change?

As part of a submission for a revised 'safety valve' agreement, the council has asked the Department for Education (DfE) to change the law or to allow flexibility around tribunals.

The council is requesting that the council's 'safety valve' status and the council's own Local First Inclusion plan - its strategy for SEND transformation - can be taken into account when tribunals consider cases.

A council spokeswoman said: "We aim to provide the best placements to meet children's needs and avoid situations where families take us to tribunal.

"Special schools are under increasing pressure, and we must balance the needs of all the children in the school, as well as those waiting for a place.

"Unfortunately, the tribunal process does not consider these additional factors in its decisions.

"One of the ideas we are proposing, as part of reform of the system, is for SEND tribunals to be able to consider local strategic plans as part of their decision making.

"This would mean they would consider what services and support is being planned in an area in addition to what is already available.

"Any change would require a change in the law and isn’t something that we as a council could implement."

Why is this controversial?

Maxine Webb, independent county councillor for Norwich's Wensum division, who has a son with special educational needs, said it was the wrong approach.

She said: "Families will feel let down to see their worst fears confirmed, that Norfolk County Council chooses interfering with the law as the best solution to reducing their SEND costs and balancing their books.

"Taking away the rights of children to solve a decade of government underfunding is not only offensive, it does nothing to address the fundamental problem, or actually help to support children. It's pretty deplorable."

What does the council say?

Penny Carpenter, cabinet member for children’s services, said: “We are backing national calls for reform because the current system isn’t working for children.

"Unfortunately, current policy makes it very difficult for schools, parents, health partners and the local authority to work effectively together, but it is only by doing that that we will improve outcomes for our children.

"For most children that is mainstream education, in their local communities, and this is where most of the resources should be focused. “We understand the scale of change needed is going to take time and we want to help the DfE to test ways of working that could improve how resources are used for our children now.

"The suggestions we are making are in line with recent national reviews and are very much focused on getting support to children and families earlier."