Challenges to SEND Funding (R(D) v Hackney)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Local Government analysis: The case involving LBC Hackney is the latest case to look at routes of potential challenge to local authority decisions to reduce funding on special educational needs (SEND). A number of different issues were considered in the case relating to the legal duty to secure special educational provision and how the local authority could comply with that duty as well as consideration of the potential routes of challenge to the imposition of reduced funding. There was also a further line of challenge—to the format of Education Health & Care Plans (EHCP) where it was argued that the alignment of provision (section F) to outcomes (section E) was unlawful as provision should be aligned to needs (section B). The court dismissed all the challenges. Written by Richard Freeth, partner at Browne Jacobson Solicitors LLP.