Who am I?

I am a single  homeless disabled parent and carer of two children with special educational needs and disabilities hoping to challenge cuts to special educational needs funding in Portsmouth. My youngest child is suspected to have Autistic Spectrum Disorder (ASD), has sensory issues with high anxiety and is supported through SEN Support to attend a mainstream primary school. My eldest child is diagnosed with Asperger's, ADHD, Tourette's, Sensory & Auditory Processing Disorder, Anxiety, Emotional Dysregulation Disorder, Asthma, Joint Hypermobility, Social, Communication & Interaction difficulties and Perthe's Disease he has an Education, Health and Care Plan (EHCP) and attends an out of city specialist special school. 

The case

On 10th October 2018 the Director of Children, Families and Education recommended cuts of almost half a million pounds to special educational needs/disabilities (SEND) funding for schools in Portsmouth, without consultation with affected families. I believe these cuts may be unlawful and if introduced could have a devastating impact on all children with special educational needs/disabilities in Portsmouth.  

What am I trying to achieve?

Councils all over the UK are making significant cuts to special educational needs funding, leaving schools with no option but to cut provision for disabled children. Schools are already in a desperate situation. In a recent survey of head teachers, only 2% of respondents reported that top-up funding was sufficient to meet the needs of pupils with SEND. Exclusions are rising, disabled children are being left without school places and demand for special schools is rising rapidly as children are forced out of mainstream education.

SEND cuts have already been successfully challenged in Bristol, where families won a judicial review against Bristol Council, forcing them to reverse cuts to SEND funding. Families in Surrey and Hackney have also taken judicial reviews against their local councils and are waiting to hear the outcomes. With their support and guidance I want to send a clear message to Portsmouth Council that these cuts are unacceptable and to remind councillors of their legal duties towards disabled children.

Why am I crowdfunding?

I am crowdfunding to raise £5,000 plus VAT (£6,000 total) for initial legal costs before applying for permission to issue a Judicial Review. These funds will be used by my solicitors to take instructions, investigate Portsmouth Council’s decision making process, gather evidence in support of the claim, contact other families who will be affected, identify what legal grounds to plead, consider the merits of each ground of claim, instruct expert counsel to advise, enter into pre-action correspondence with Portsmouth Council (sending a “letter before action” setting out the basis of the claim), consider the response by the council, and then advise on the merits of issuing Judicial Review proceedings in the High Court. My solicitors will be investigating whether the council has breached the Children and Families Act 2014, the Education Act 2002, the common law duty to consult with families, and the Public Sector Equality duty under the Equality Act 2010 – as well as other potential legal grounds.

What’s next?

If the legal team advises that there are ground to issue a claim, I would then apply for legal aid on behalf of my children to seek to cover the cost of taking forward a judicial review.

There are statutory duties towards disabled children and without adequate funding there is a serious risk that these will be undermined. We hope this case will set an important precedent and discourage councils from making cuts to SEND funding without ascertaining their impact.