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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.

Respite service reprieved following threat of legal action, says claimant law firm

Law firm Irwin Mitchell has claimed legal pressure was a key factor in Lancashire County Council rescinding plans to end its ‘Lancashire Break Time’ service of brief respites for carers of children with special educational needs and disabilities.

The council had planned to end the service to make a saving of £1.04m over the 2019-21 period.

But following consultation responses its cabinet this month decided to keep the service in operation pending a full review of its short breaks offer.

A cabinet report said: “In total, more than 750 responses to the consultation were received.

“Those responses made clear that the county council needed to look at the whole short breaks service, not just Lancashire Break Time, to deliver a service that better suited families' needs, and specifically to ensure the short breaks offer provided more choice and greater flexibility.”

It recommended that consideration of the short breaks offer should be broadened to include assessed provision, and that in future the service should be co-designed to better meet the needs of parent carers, children and young people.

Doing so would mean the council forewent a saving of £683,000 this year, but it was expected this could be met from an underspend and reserves.

Irwin Mitchell solicitor James Betts said the council decision followed correspondence between it and the firm on behalf of aggrieved parents.

He said: “This is a great outcome for all those who are campaigning to stop attempts to cut SEN funding.

“The support for the crowdfunding appeal and the hundreds who responded to the public consultation shows how much the issue matters to local people.

Hopefully now [the council], parents, carers and providers can work together to reach a consensus over future provision.”

A spokesman for Lancashire said: "In May, prior to being contacted by Irwin Mitchell, the council announced it wanted to carry out more engagement activity with parents, children and young people to make a fully informed decision about the service's future. This process was prompted by the consultation process we undertook and the views of parents and carers, and has been ongoing since then, helping to decide next steps in the light of people's views.

"We are now carrying out a range of activities that include face to face meetings with parents and carers to shape a new service offer.

"The Lancashire Break Time service will continue in its current form until the review of how short breaks are to be delivered is completed."

Mark Smulian