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A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

Shoesmith legal action costs Ofsted and Department for Education close to £500k

The cost to Ofsted and the Department for Education in defending legal proceedings brought by Sharon Shoesmith has already reached nearly £500,000, it has emerged.

In a written answer to Charlotte Leslie MP, Children’s Minister Tim Loughton revealed that Ofsted had incurred costs of £331,059 defending the action.

This includes payments to the Treasury Solicitor, counsel’s fees and VAT. There were further in-house staffing costs which were not readily identifiable, Loughton said.

The DfE has meanwhile run up costs of £92,753.09 (including VAT) in respect of representation in the legal proceedings by the Treasury Solicitor, plus a further £57,425.25 (including VAT) in respect of counsel.

The Department has also incurred unidentifiable costs resulting from the involvement of in-house lawyers and policy officials, Loughton said.

In a High Court ruling published on 1 September 2010, Mr Justice Foskett ordered Shoesmith to pay just £25,000 (including VAT) towards the Secretary of State’s costs, even though he had rejected her claims in his April 2010 judgement. The DfE had asked for some £138,000 to be awarded.

Mr Justice Foskett declined to make an order for costs between Ofsted and the claimant, but did order Haringey to pay her  £10,000.

The judge also granted Shoesmith permission to appeal his judgment.