Schools across England are making difficult decisions to reduce their intake of children with special educational needs (SEN), citing severe funding pressures. This move has sparked alarm among parents and legal experts, with some families now preparing to seek a judicial review against the government over alleged underfunding of special needs education.
Julia Maunder, headteacher of Thomas Keble secondary school in Gloucestershire, highlighted the gravity of the situation. Despite her school's reputation for inclusive education and high attainment, Mrs Maunder has announced a reduction in admissions for pupils with Education, Health and Care Plans (EHCPs) – which replaced statements of special needs in 2014. The school, which currently has a significantly higher proportion of EHCP pupils than the national average, will cut its intake from 35 to between 22 and 25 over the next four years. Mrs Maunder described this as a "heartbreaking" last resort to preserve the quality of SEN provision and overall educational outcomes.
The dilemma faced by Thomas Keble is not isolated. Jess Phillips MP recently revealed that her son's school in Birmingham is also limiting special needs admissions, stating that "disabled people are being cleansed from our schools by cuts." The core issue stems from funding models where schools are expected to cover the initial £6,000 of support costs for a child with SEN. This often means that pupils requiring specialist assistance can cost more than the funding they attract, creating a financial deficit for schools committed to inclusion.
While Mrs Maunder believes her decision aligns with legal requirements to deliver "efficient" education for all pupils, legal experts challenge this interpretation. Anne-Marie Irwin, a solicitor specialising in SEN cases, contends that the efficiency of education is primarily a matter for the local authority when naming a school in an EHCP. Under Section 43 of the Children and Families Act, schools named in an EHCP are generally obliged to admit that pupil. Ms Irwin is now preparing a strategic judicial review against the government, arguing that a systemic underfunding of special needs education in England is forcing these difficult choices upon schools.
The consequences of this funding crisis are far-reaching, impacting families directly. In Gloucestershire, for instance, 20 children with EHCPs were withdrawn for home education in both 2017 and 2018, with an additional 106 children receiving school SEN support also being home-educated in 2018. Josephine Smith-Mands, whose son was one of these children, explained her decision to withdraw him after his school allegedly failed to provide recommended support. This highlights the profound strain on parents who feel the system is failing their children.
Source: The Guardian