Why did the issue of special educational needs funding end up in court?

The number of parents across the country fighting to improve the support and resources available to children with special educational needs and disabilities (SEND) has been growing.

After a series of court appeals and complaints by parents, the strength of feeling has become so strong that three families decided to challenge the government in court over SEND funding.

The judge may have ruled that there was “no unlawful discrimination” in the government’s approach to the funding, but what is undeniable is that schools and councils are still struggling to cope with a steep increase in the number of young people with complex needs.

Councils across England have been forced to raid funds intended for state schools to pay for extra support for children with special educational needs to meet the government shortfall.

Figures, shared exclusively with The Independent last year, revealed that almost £200m was overspent by county councils in just three years to ensure they fulfilled their statutory duties to support children with special educational needs.

Despite these desperate measures, some children with special educational needs have still been left without a school place for years as government funding to councils has failed to keep up with a greater demand.

Currently there are 354,000 pupils with education, health and care (EHC) plans – which set out a child’s needs and the support they are entitled to – which is an 11 per cent rise since last year.

Schools are also struggling to provide educational provision for these learners amid significant real-terms cuts. A number of teaching assistants and specialist resources have been cut in state schools in a bid to balance budgets, which places more pressure on councils to find more specialist places.

But the tide appears to be turning. The government has now pledged to invest an extra £7bn in schools in England up to 2022-23, as well as an additional £700m for children with special educational needs in 2020-21.

Last month, the government also announced a review into SEND funding in England, which hopes to tackle the postcode lottery of provision.

However, education unions argue that the high-needs block funding, which supports the most vulnerable children and young people, will still be £1.5bn short even with an extra £700m.

The three families may not have won the High Court case – but their high-profile campaign for children with special educational needs is likely to have encouraged the government to make the cash boost.

We will have to wait and see whether the review and extra funding makes a difference, but what is certain is that parents will not give up their fight until the situation is vastly improved.