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<p>It is up to local authorities to decide how best to spend their Special Educational
Needs and Disability (SEND) budgets, based on an analysis of local need. The reforms
in the Children and Families Act 2014 were designed to make the SEND system less adversarial
for parents and young people, as well as for local authorities. The process of Education,
Health and Care (EHC) needs assessment and plan development is designed to be collaborative,
meaning that most disagreements should be resolved early on. Where disagreements persist,
we have introduced a requirement to consider mediation, which has often proved effective
in reducing the need to make an appeal to the SEND Tribunal. For example, in 2015,
75% of disagreements over EHC plans for which mediation sessions were held did not
result in a Tribunal appeal in that year.</p><p> </p><p>The SEND Tribunal aims to
be facilitative and accessible, so that it should not be necessary for either parents
or local authorities to employ legal support when making or defending an appeal. No
additional weight is given to evidence because it is presented by a lawyer and many
parents and local authorities successfully pursue their case without legal representation.</p><p>
</p><p> </p><p>The Department is currently conducting a Review of Disagreement Resolution
Arrangements, as required by the 2014 Act, which will report to Parliament by 31<sup>st</sup>
March 2017. The Review is looking at how the system of disagreement resolution is
working for children, young people and their families, which includes enquiring about
the costs incurred by both families and local authorities.</p>
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