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Parents trapped in special needs tribunal backlog as disputes surge by 50% | Special educational needs

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Parents are having to wait more than a year for tribunal hearings into ­inadequate provision for children with special educational needs after new cases surged by more than 50% in a year.

The National Audit Office last week highlighted the worsening ­crisis in the special educational needs and ­disabilities (Send) system, with ­cash-strapped councils unable to meet rising need amid a lack of ­suitable school and college places.

The Send tribunal deals with ­disputes in England between a local authority and parents or young people about provision for their education.

The number of new cases registered with the Send tribunal surged from 13,083 in the year to June 2023 to 20,102 in the year to June 2024. Before the pandemic, the figure was fewer than 7,000. When looking at all cases in the Send tribunal system, rather than just newly registered ones, there has been a 43% annual rise, to 32,069. Eight years ago, the figure was below 4,500.

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The Observer has been contacted by parents who are waiting more than a year for a hearing because the ­service is overstretched.

In other cases, councils are conceding to parents’ demands just before a tribunal is held, while some local authorities are failing to implement tribunal findings.

Julie Cragg is trying to get her council to secure a non-mainstream school for her autistic six-year-old daughter, who has panic attacks at her current school and physically resists being made to attend. She has been given a tribunal date of December 2025.

“They haven’t got the capacity,” she told the Observer. “They are overwhelmed at the moment … And in the meantime, my daughter is suffering, and not just her. The children in her mainstream class are suffering too, because my daughter takes one or two members of staff every day away from the class setting.”

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Andrew Reid, Suffolk county council lead for education and Send services, says the system is ‘broken and crumbling’. Photograph: Suffolk County Council

Parents have a near-100% success rate at Send tribunals. The Tribunal Procedure Committee, which makes rules on how senior tribunals work, implied in a consultation document last month that councils are ­dragging out tribunals to save money by not meeting the needs of Send ­children.

“The local authority is able to delay any final outcome which might involve the use of their resources to comply with the statutory deadline to complete the EHC (education, health and care) needs assessment,” it said.

Gillian Doherty, co-director of the website Special Needs Jungle, said: “Delays in accessing tribunals are causing significant disadvantage to disabled children and young people who are often unable to access suitable education and provision in the meantime, with no route of redress for missed provision.

“Local authorities must be ­adequately resourced and held accountable for making ­lawful ­decisions first time.”

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Maria Bloom of IPSEA, a Send legal charity, said: “The rising number of appeals to the Send tribunal highlights the extent to which local authorities ­routinely and unlawfully deny ­children and young people with Send the special educational provision and support they are legally entitled to.  

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“We hear from families every day through our helplines who are ­having to fight to secure the education their children need and are entitled to by law. With 98% of tribunal appeals finding in favour of families, it’s clear that local authorities are repeatedly failing to meet their legal obligations.”

According to the thinktank Pro Bono Economics, Send tribunals cost the public sector nearly £90m a year. A Local Government Association spokesperson said: “The need for reform of Send services is now ­unavoidable. Councils are struggling to cope with a more than doubling of children on education, health and care plans within a system that creates ‘perverse incentives’ to shift responsibility between public bodies and inadvertently creates adversarial relationships between local authorities and parents.

“We find ourselves with a ­system weighted down by legal disputes through tribunals and an over-­reliance on special schools due to a loss of parental confidence that ­mainstream schools can meet their children’s needs. We are calling for action which builds new capacity and ­creates inclusion in mainstream ­settings, supported by adequate and sustainable long-term funding, and the writing off of councils’ high-needs deficits.”

A Department for Education spokesperson said: “For too long, children and young people with Send have been let down by a system that is not working, but this government is determined to deliver change.

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“Urgent work is already under way to ensure more children are getting earlier and better support to thrive in education through our curriculum and assessment review, Ofsted reforms, and new early years Send training.”

The Ministry of Justice said it has recruited 45 judges to sit on Send ­tribunals, with more to follow.

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Badenoch admits she may need a softer approach

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Badenoch admits she may need a softer approach

Conservative leadership contender Kemi Badenoch has said she will tone down her approach – after some of her colleagues suggested she can be rude.

Badenoch is widely seen as the favourite to replace Rishi Sunak as Tory leader when the results of the party membership vote are revealed on Saturday.

Earlier this month she was branded “disrespectful” by her rival Robert Jenrick for failing to set our her leadership policies more clearly.

Quizzed on a perception that she can seen as abrasive, Badenoch agreed she may need to take a more softly-softly approach.

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“I think this is one of the manifestations that I don’t think I’m being rude,” she told the BBC’s Newscast podcast, as she put her demeanour down to “having a higher threshold for stress”.

“I just think I’m saying something that I wouldn’t mind hearing back, so I treat people how I treat myself and, you know, I’ve had even some of my advisors saying, why did you say that?

“I have to be mindful that I have a higher tolerance for things than others, and I think part of being a leader is being able to calibrate so that you can help manage other people.”

Asked if she would adopt a more softly-softly approach from now on, she said “yes, but that’s fine”, adding “I’m not perfect, you know, I’ve never said that I was perfect”.

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She continued: “We keep wanting people who will give the perfect interview and have the perfect policies look perfect.

“There’s nobody like that. Everybody’s coming with pluses and minuses.”

Badenoch, who has done very few interviews with journalists compared to her rival Jenrick, also suggested there was a low turnout of Tory members voting for their new party leader.

“I’m doing more media this week specifically because people aren’t turning out to vote as much as we would have expected,” she said.

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Chatting to Conservative members at events, Badenoch said, she would ask whether people had voted and be told “well, no, they haven’t. We’re going to wait till the last minute.”

But the former business secretary said she wasn’t worried Tory party members weren’t voting for her and claimed to be “sanguine” about the results.

“I don’t know if I will win,” she said.

“The bookies have me ahead, but I think it’s actually neck and neck.

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“Robert could win. Anyone could win. Either of us could win.”

Perhaps party members didn’t like the choice they were presented with, Badenoch was asked.

She responded: “Well, there’s nothing I can do about that. That’s politics.”

The full interview will be available at 6am on Tuesday on BBC Sounds.

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MP Liz Twist faces calls to resign Age UK Gateshead role over Winter Fuel Payment vote

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BBC Blaydon and Consett MP Liz Twist. She is being interviewed by a reporter who is holding a phone. Twist is wearing a glasses and a red top. She has blonde hair and is wearing a lanyard.BBC

Blaydon and Consett MP Liz Twist supported the government’s plans to cut Winter Fuel Payments to millions of people

An MP has faced calls to resign as chair of a local charity for older people after she backed the government’s plans to cut the Winter Fuel Payment.

Labour’s Liz Twist, Blaydon and Consett, who is chair of the board of trustees at Age UK Gateshead, voted with her party to restrict the payment to the poorest pensioners.

A number of constituents have emailed the charity calling for her removal, with one telling the BBC she felt it was “hypocritical” she stayed, as she represents “one of the poorest parts of country”.

Twist said she would work with the charity to ensure “every pensioner is in receipt of their full entitlement”. The charity said it was “advocating against the government’s decision”.

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‘Fixing economy’

One resident, who did not want to be named, told the BBC: “I feel the government has set the threshold just right so that it excludes millions who fall slightly over the criteria meaning they are still in fuel poverty and will need to decide between heating and eating.

“Given she [Twist] is a North East MP, representing one of the poorest parts of the country, I feel it’s very hypocritical for her to hold this position and it’s disappointing that she did not vote against the removal of the Winter Fuel Payment.”

Both Age UK Gateshead and Twist’s office said rumours she had resigned from the charity role were untrue.

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Twist, who as Sir Keir Starmer’s Parliamentary Private Secretary (PPS) acts as the prime minister’s “eyes and ears” among backbench MPs, said the values and aims of Age UK Gateshead remained close to her heart.

“As a government, it is crucial to ensure that we can fix the foundations of our economy and deliver on the promise of change,” she said.

A spokesperson for the Age UK Gateshead said its trustees maintain “the highest standards of impartiality in their work”.

“Age UK Gateshead is fully aligned with the older people we support in advocating against the government’s decision to means test Winter Fuel Payments,” they said.

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It added it was working alongside the national arm of the charity to highlight “the huge impact” the decision “is likely to have on older people”.

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Commons Speaker rebukes Rachel Reeves for Budget comments in US

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Commons Speaker rebukes Rachel Reeves for Budget comments in US

Commons Speaker Sir Lindsay Hoyle has reprimanded Chancellor Rachel Reeves for giving interviews to reporters in the US about her upcoming Budget.

Parliamentary rules say major government announcements should be made to MPs in the Commons, ahead of journalists.

An exasperated Sir Lindsay said failing to do so was a “supreme discourtesy to the House” and he was “very, very disappointed” with Reeves.

Responding to the criticism, the prime minister’s spokesman said it was “entirely routine for government to make announcements in the run-up to Budgets and spending reviews”.

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He added that Parliament would have “all the requisite time to scrutinise measures clearly”.

Reeves will deliver her first Budget on Wednesday in the Commons.

Last Friday, she outlined her plan to “change the way that we we measure debt” during a meeting of the International Monetary Fund (IMF) in Washington.

She explained she planned a technical change to loosen self-imposed limits on borrowing, to free up billions of pounds extra for infrastructure spending on projects such as roads, railways and hospitals.

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The government has promised to get debt falling as share of the economy during the course of this parliament, rather than over a rolling five-year period.

Speaking in the Commons on Monday, Sir Lindsay said the policy changes “could hardly be described as a leak” when she had given on-the-record interviews, including to the BBC.

He said: “Ministers should expect to face proper, sustained scrutiny when these announcements are made to the elected members of this House and not the American news channels.”

This was because Reeves’ comments were major new policy announcements with “significant and wide-ranging implications for the government’s fiscal policy and for the public finances”, he added.

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The Speaker said this was “totally unacceptable” and asked why Reeves expected MPs to wait “almost a week” simply to hear her repeat her announcements in her Budget statement.

MPs might be wondering, he added, “how they will get a seat on Wednesday. Well, to be honest the way it’s going you won’t need to – we’ll have all heard it.”

With Treasury minister Darren Jones making a statement to the House on “fiscal rules” later on Monday, the Speaker remarked: “Perhaps no coincidence.”

Alluding to previous breaches of parliamentary rules, Sir Lindsay noted that, when in opposition, Labour would complain about the previous Conservative government behaving in a similar manner, and demanded: “Get your acts together, all sides, treat Members with respect.”

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Just Stop Oil activists banned from London protests by judge

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Just Stop Oil activists banned from London protests by judge

Three Just Stop Oil activists have been banned from protesting in London ahead of their trial for allegedly throwing soup at two Vincent Van Gogh paintings at the National Gallery.

Mary Somerville, 77, Stephen Simpson, 71, and Phillipa Green, 24, are each charged with two counts of damaging the frames of Sunflowers 1889 and Sunflowers 1888 by dousing the artwork in soup.

The three appeared at Southwark Crown Court earlier and pleaded not guilty before being released on conditional bail.

The judge banned them from protest action within the boundary of the M25 until their trial – which is scheduled to begin in January 2026.

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Mr Simpson, of Shipley, West Yorkshire, and Ms Somerville, of Bradford, West Yorkshire, attended court in person, while Ms Green, from Penryn in Cornwall, appeared by video link.

Their lawyer, Raj Chada, argued the ban was a “disproportional” infringement on their right to protest because London is “the seat of government”.

But Judge Alexander Milne said: “The application of the defendants’ right to protest is a relative one – and there seems to be a great deal of blurring between the exercise of that right and the commission of criminal offences.

“This court is not banning them from lawful protest anywhere else in the UK, but I will ban them from participating in any protest within the M25.”

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Tommy Robinson jailed for contempt of court

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Julia Quenzler Court sketch of RobinsonJulia Quenzler

Tommy Robinson has been jailed for 18 months after admitting contempt of court by repeating false claims against a Syrian refugee.

Robinson, whose real name is Stephen Yaxley-Lennon, admitted 10 breaches of a High Court order made in 2021 during a hearing in Woolwich Crown Court.

Lawyers for the solicitor general accused Robinson, 41, of “undermining” the rule of law.

Barristers for Robinson said it was his “principles that have brought him before the court”.

The hearing on Monday was the culmination of events that date back to October 2018.

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That month, a video went viral showing how Jamal Hijazi, a Syrian in West Yorkshire, had been attacked by another teenager at school.

Yaxley-Lennon then posted his own response to one million Facebook followers alleging that his investigation had established that Mr Hijazi was a violent thug, a claim that was untrue.

The Yaxley-Lennon video spread widely and the Syrian teenager and his family received death threats.

Three years later, Mr Hijazi won £100,000 in damages when the High Court ruled the Yaxley-Lennon’s claims against him had amounted to defamation.

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The court imposed an injunction on Yaxley-Lennon, banning him from making the false claims again.

In February 2023, Yaxley-Lennon began repeating the claims and went on to post online a film claiming he had been “silenced” by the state.

That film may have been viewed at least 47 million times.

Eventually, this July, Yaxley-Lennon showed the film to thousands of his supporters in Trafalgar Square, saying he would not be silenced. The following day he left the country.

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Aidan Eardley KC, for the solicitor general, told the court that Yaxley-Lennon had intended to repeat the false allegations, despite the injunction, and then take “evasive” measures.

PA Tommy Robinson pictured on 25 October PA

Robinson has been jailed after admitting 10 breaches of a High Court order made in 2021

“This is a high culpability case because of the high number of breaches,” said Mr Eardley.

“It is a continuing breach, the material is still out there and some of it is under the defendant’s control.”

Sasha Wass KC, for Stephen Yaxley-Lennon, said he was a journalist who had been following his principles and was a passionate believer in free speech.

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“This defendant has been neither sly nor dishonest nor seeking gain for himself,” she said.

She said that he was such a controversial figure he may be placed in solitary confinement by prison governors, as had occurred the last time he had been jailed, and there was medical evidence he had previously suffered trauma, panic attacks and nightmares.

Jailing Yaxley-Lennon for 18 months, Mr Justice Johnson said: “In a democratic society underpinned by the rule of law, court orders must be obeyed.

“Nobody is above the law. Nobody can pick or choose which laws or which injunctions they obey, or which they do not.

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“Even if they believe that an injunction is… contrary to their views they must comply with the injunction.

“They are not entitled to set themselves up as the judge in their own court. Otherwise the administration of justice and rule of law would break down.”

The judge said that the contempt of court had been aggravated because the defendant had repeated the claims after the beginning of proceedings against him – and he had not taken steps to stop the false claims continuing to be in circulation.

The sentence could in future be cut by four months if the defendant showed the court that he had taken steps to remove the offending film.

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But the judge added: “The defendant has not shown any inclination to comply with the injunction in the future. All of his actions suggest that he regards himself as above the law.”

This case was the fourth contempt case he has faced, having previously received a suspended sentence and a six-month jail term.

Yaxley-Lennon has been separately charged with failing to unlock his phone for police when he was stopped and questioned at a port under counter-terrorism powers. He will next appear in court in relation to that allegation in November.

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Bus fares cap in England to be raised to £3

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Bus fares cap in England to be raised to £3

The bus fare cap in England will be raised to £3 in the upcoming Budget, Prime Minister Sir Keir Starmer has announced.

It is an increase on the current limit of £2 which was introduced under the previous Conservative government to help with the cost of living.

The existing cap was due to expire at the end of December.

Sir Keir said: “I do know how much this matters, particularly in rural communities where there is heavy reliance on buses.”

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The new £3 cap will run until the end of 2025.

There had been speculation in recent days that the chancellor would announce in the Budget on Wednesday that the current cap would be scrapped.

This would have meant that some passengers faced a steep hike in fares following two years of help.

Around 3.4 million people in England use buses. The Confederation of Passenger Transport said raising the cap from £2 has avoided travellers facing a “cliff edge” at the end of this year.

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But it said: “An increase to £3 will still present challenges for many passengers, particularly those who rely on buses as their primary means of affordable travel.”

Greenpeace said it was a “‘tough decision’ the government didn’t need to make”.

“It makes no political, economical or environmental sense whatsoever,” said Paul Morozzo, Greenpeace’s UK’s senior transport campaigner.

He said buses are a “critical lifeline to millions of people, particularly those on lower incomes”.

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“A government that was truly prioritising the needs of the poorest in society would rethink this decision at the first opportunity,” he said.

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