SEN Funding disputes with Local Authorities

The cost of providing for children and young people with special educational needs is significant for educational settings. It is therefore important that sufficient funding is provided by the Local Authority

Local Authorities are under a “non-delegable duty” to arrange the special educational needs provision specified in an Education, Health and Care Plan. This means that the Local Authority must ensure that the provision is provided for the child/young person and crucially that the educational setting has the funding to deliver it.

The costs of delivering SEN provision can never be passed over to the educational setting, particular in circumstances where the school has insufficient funding.

If your school/setting is in this situation, we are able to support you in challenging the matter and ensuring that the appropriate level of funding is provided by the local authority.

Our work in this area is extensive and we regularly advice on the following types of situation:

  • Challenging the lawfulness of SEN funding arrangements, which attempt to fix the level of top up funding provided to a school/setting without reference to the provision specific in an EHC Plan. For example, only providing a setting with funding which does not cover the cost of providing the specific teaching assistant support.
  • Negotiating service level agreements for the running of specialist resource provision in mainstream schools.
  • Supporting settings in addressing funding issues as part of their admissions policies and admissions consultation process.

Case Study: Challenging a local authority’s SEN Funding Scheme

We successfully acted on behalf of an Academy Trust who challenged the lawfulness of a local authorities SEN Funding policy. By issuing judicial review proceedings, the local authority conceded that the appropriate consultation had not been carried out and that the appropriate decision-making process had not been followed. This led to the scheme being postponed and a new consultation process being carried out.

CASE STUDY: CHALLENGING THE AMOUNT OF FUNDING ALLOCATED BY A LOCAL AUTHORITY

We acted on behalf of a special Academy who challenged the local authority’s attempt to cut its top up funding by 50% and to renege on a service level agreement regarding the allocation of funding. We advised the Academy and following a threat of judicial review managed to secure a new agreement which actually increased the amount of funding given to the school.

 

CONTACT US

For more information about the services we provide please contact us at advice@sen4you.co.uk or on 01908 082422.