Local authority challenges Tribunal costs awards decision following specialist school legal battle

The family took legal action against the council to secure funding for a place in a specialist school that could meet their son’s special educational needs.

Represented by law firm Simpson Millar, Jake, a 12-year-old boy from East Sussex, has Autism and a Language Disorder associated with Chromosome Deletion. In 2019, he was granted an Education, Health and Care Plan (EHCP).

While the EHCP did refer to Jake’s diagnosis, his family raised concerns that it did not correctly identify or recognise his complex Special Educational Needs (SEN) or make appropriate and necessary provision to enable his progress, said Simpson Millar.

Following an education tribunal judgment in February 2023, the family were able to secure an accurate EHCP and a suitable specialist school placement for Jake.

The family’s solicitor, Sarah Woosey, made a costs application in order to recover the costs incurred for the period of time in which the local authority “unreasonably” defended the case, which was successful.

East Sussex was ordered to pay over £7,000 to Jake’s parents, which included a proportion of legal fees and a contribution to the school fees already incurred by the family.

It has now been revealed that East Sussex has submitted a request for permission to appeal the decision to award the family the school fees costs. However, the challenge does not include an appeal over the decision to award the family a portion of the legal costs.

Sara Moult, the boy’s mother, has revealed that she will be fighting for the Upper Tier Tribunal to uphold the costs decision, and has set up a Crowd Justice page.

Sarah Woosey, head of education law at Simpson Millar said: “This is a potentially landmark case which, if the appeal goes to the Upper Tier Tribunal, could potentially set a precedent for costs moving forward. 

“[…] Through this case, we want to shine a light on the issue, and to call on the Government to carry out a review of the powers held by the Special Educational Needs and Disability Tribunal with a view to making it easier for families to recover costs in cases where an LA is held to account over its failure to name a specific school and/or act quickly enough to allocate a suitable school place.”

An East Sussex County Council spokesperson said: “Although we cannot comment specifically on individual cases, we do work with all parents of children with special educational needs and disabilities to find the best possible provision for their individual needs.

“As a local authority, we have a duty to ensure that we are managing public funds appropriately and, although we recognise that this process can be difficult for families, the council has a responsibility to take a view on appropriate placements and to ensure that the resources available to meet children’s needs are used well, for all children.”

Lottie Winson