Councils ‘wasted’ £46m on special educational needs and disabilities (SEND) tribunals in 2021-22 – cash that could have been used to fund specialist school places, economists have reported.

A study by the Pro Bono Economics think-tank, commissioned by the Disabled Children’s Partnership charity, reveals more than 11,000 SEND tribunals contesting local authority decisions were registered in 2021-22: an increase of 29% on the previous year.

But tribunal judges found against councils in 96% of cases – indicating significant problems with the way many councils currently compile or resource SEND plans for children. As well as the £46m councils spent fighting tribunal cases, the courts system faced a bill of £13.6m.

The report, Wasted Money, Wasted Potential, estimates that 9,960 extra places in SEN units could be funded with the money councils spent fighting tribunals.

Tribunals were usually brought by parents, carers and youngsters disputing their council’s education, health and care plan (EHCP): a legal document issued by councils that sets out support children will receive.

Around 500,000 youngsters in England currently have an EHCP.

‘These growing disagreements about EHCP decisions are the result of a combination of growing applications for EHCPs, local authority staff struggling to meet this need while managing tight SEN budgets, and an erosion of trust between people seeking support and local authority staff,’ the report states.

Austerity-hit councils recently reported a SEND funding gap of £600m a year.

Anoushka Kenley, head of advocacy at Pro Bono Economics, said the report’s findings were ‘deeply worrying’.

‘This waste extends beyond the £60m of public money spent on lost tribunals in 2021-22, to wasted potential in the children and young people forced to go without essential support while these disputes rumble on. The entire process is in need of a re-think,’ she added.

If this article was of interest, then check out our feature, 'Why we should be concerned with the SEN2 survey'.