Landmark High Court case to open over legality of Government's special education funding decisions

A legal challenge over government funding for special educational needs will be heard in the High Court this week.
Families have taken their legal challenge against the Government's special educational needs funding decisions to the High Court in what is a landmark case. Picture: Barry Batchelor/PA Wire/PA Images.Families have taken their legal challenge against the Government's special educational needs funding decisions to the High Court in what is a landmark case. Picture: Barry Batchelor/PA Wire/PA Images.
Families have taken their legal challenge against the Government's special educational needs funding decisions to the High Court in what is a landmark case. Picture: Barry Batchelor/PA Wire/PA Images.
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The landmark two-day case, which is due to open tomorrow, is brought jointly by families in North Yorkshire, Birmingham and East Sussex. It is based on the assertion that local authorities are being left incapable of fulfilling their legal obligation to educate children with special educational needs and disabilities (SEND).

The families want Education Secretary, Damian Hinds, and Chancellor Philip Hammond to increase funding to local councils as a result of the hearing, which will examine the lawfulness of the Government’s funding decisions.

Lawyer, Anne-Marie Irwin, who is acting on behalf of the families, including the family of Benedict McFinnigan, 14, from Scarborough who has not been in mainstream school for around two years, said: “This is the first time that the Government have been taken to court over its decisions on SEND funding.

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“So many families are desperate to know that their children will be able to get the support they require to access an education, yet so many councils at the moment are resorting to budget cuts, which puts that under serious threat.

“Our clients in this case simply feel that enough is enough and want the Government to reconsider the level of support it is providing to local authorities on the issue of special educational needs.”

The families are also being supported by campaign group SEND Action, whose founder Gillian Doherty said: “The message to Philip Hammond, to Damian Hinds and to our next Prime Minister couldn’t be clearer: they must take urgent action to provide the support disabled children need and to which they have a legal right.”