SEN budgets need to be ring fenced for children's education not LA legal fees.

Mr. Ed Timpson claimed that "No child should lose their support simply because the system is changing". Conversely parents find that Local Authorities regularly remove vital support in the transfer to the new EHC Plans. Severe budget cuts to Education mean that parents face an adversarial system.

Children with SEN are routinely denied appropriate education and LA's adopt a defensive stance. Cash is diverted to legal fees to defend against appeals. Parents report huge personal and financial losses in attempts to gain SEN provision. Recently, a law firm which represents and ‘trains’ LA''s have publicly gloated about their 'WINs' against parents. Local Autho have attempted to distance themselves from this scandal; however parents nationally have reported equally negative experiences.

Funding for education has not been cut. £92.5 million extra funding has been allocated for high needs this year and total high needs funding is over £5 billion. High needs funding is part of the dedicated schools grant to local authorities, which they can use to support schools with the costs of Special Educational Needs (SEN) provision. This grant funding should not be used for legal services relating to a local authority’s statutory functions.

The government gave schools a generous settlement in the last spending review, offering a real terms protection, which means that overall funding for schools rises in line with inflation over the next few years. There is evidence, however, that school funding is not fairly distributed around the country, with some schools managing with much less than others in similar circumstances.

The government has said that it will introduce a national funding formula for schools that will distribute funding more fairly. And a national formula for distributing high needs funding as well. There was an initial consultation on this proposal earlier this year, and plans for further consultation later this year. Under any future funding distribution, funding will not be limitless, and schools and local authorities need to be able to manage their budgets in a way that achieves the best for all the children for whom they are responsible, including those with SEN, using the money they have at their disposal carefully, reducing wasteful spending, and focusing on what really adds value.

Children and young people should not lose support that is specified in their statements simply because they are being transferred to an Education, Health and Care (EHC) plan. When a local authority is transferring a statement to a plan it is required to carry out a transfer review, which is an EHC needs assessment that will usually replace the annual review for the child or young person. For the vast majority of those with statements, the provision specified should continue to be delivered through their new EHC plan if it is still required in order to meet the outcomes described in the plan.