A Parents View: SEN Tribunal Battles Drain Resources for Children’s Education

Parents View: The Unbearable Cost of Systemic Failure in SEN Tribunal Appeals

As a parent of a child with special educational needs (SEN), I’ve witnessed firsthand the labyrinthine and often heart-wrenching journey through the SEN tribunal system. It’s a path strewn with obstacles, where the battle for my child’s right to an education that meets their unique needs has not just been a fight for justice but a stark revelation of systemic failure.

Last year alone, £100 million was lost in SEN tribunal battles across England, a figure that screams inefficiency and neglect. This isn’t just about the money; it’s about the countless hours, the emotional toll, and the derailment of our children’s lives while we navigate this broken system. Local authorities, with win rates as low as 1.2%, have shown they are more interested in defending their budgets than in supporting our children. Each appeal represents not just a legal case but a family’s desperate plea for their child’s well-being and future.

The system as it stands is not just failing; it’s actively detrimental. Parents like myself are forced into roles of part-time lawyers, sifting through legal jargon and tribunal paperwork, all while managing the daily challenges of raising a child with additional needs. The stress is palpable, the system adversarial, and the outcome uncertain. Even when we win, the victory is pyrrhic; the time lost for our children is irreplaceable.

What’s most galling is the irony of it all. The money spent on these legal battles could fund significant improvements in SEN provisions, perhaps even the very support that is being denied in the tribunals. Instead, it’s funneled into a cycle of litigation where the real losers are the children whose needs are unmet, whose potential is stifled, and whose parents are left emotionally and financially drained.

We need a paradigm shift. Local authorities must be trained to make lawful decisions from the get-go, equipped with the resources and knowledge to support SEN children effectively. Early intervention and support should be the norm, not the exception after a tribunal win. The government must recognise that this isn’t about saving money; it’s about investing in our children’s futures.

On SNJ Today: LAs' indefensible SEND decision-making was overturned 98.7% of the time by the SEND Tribunal in 2024. There's been a 55% rise in appeals from families forced to fight council lawlessness. @CaptainK77 analyses, @TaniaLT brings the visuals https://t.co/pZicU2zeUW pic.twitter.com/OUVoc4ZpkH

— Special Needs Jungle (@SpcialNdsJungle) December 13, 2024

There should be accountability. When local authorities consistently lose cases, there should be repercussions, not just for the sake of justice but to prevent this cycle from continuing. The current system incentivises delay and denial until forced into compliance by a tribunal, a practice that’s not only morally wrong but financially nonsensical.

To parents out there in the same boat, I say this: your fight is not just for your child but for all children like ours. We are the voice for those who cannot advocate for themselves in a system that seems designed to silence or ignore them. But we must also demand change, push for reforms, and ensure that our elected representatives understand the human cost behind these statistics.

The £100 million lost in SEN tribunal battles is more than a budgetary concern; it’s a moral failing. It’s time for a system that values our children’s rights and futures over bureaucratic inertia and legal wrangling. Our children deserve an education system that recognises their needs, supports their growth, and prepares them for adulthood without the shadow of a courtroom hanging over their childhood.