Wirral Council’s spending on external lawyers to defend its decisions regarding support for children with special educational needs and disabilities (SEND) increased more than tenfold in the last financial year. Figures obtained through a Freedom of Information request show legal counsel costs rose from £11,668 to £137,518, as the local authority faced 139 legal challenges from families.
The significant rise in expenditure comes as the council continues to address long-standing issues within its SEND services. Despite a government improvement notice and recent investments, data shows persistent delays in providing support, prompting criticism from parent advocates who argue the funds could be better used elsewhere.
Key Takeaways
- Wirral Council's spending on barristers for SEND tribunals rose from £11,668 to £137,518 in one year.
- The council was taken to court by families 139 times last year over SEND decisions.
- The rate of on-time Education, Health and Care Plans (EHCPs) fell to 8.7% in May 2025.
- A parent advocate described the situation as "David and Goliath," urging the council to reinvest the legal funds into direct support for children.
- The council reports progress in reducing historic backlogs and assessment waiting times.
Legal Costs Increase Over 1000%
Wirral Council's expenditure on barristers for SEND tribunals has seen a dramatic increase. In the financial year ending March 2025, the local authority spent £137,518 on legal counsel. This represents a substantial jump from the £11,668 spent in the preceding year.
These legal challenges arise when parents or guardians appeal decisions made by the council about a child's eligibility for an Education, Health and Care Plan (EHCP). Over the last two years, a total of 243 such tribunal cases have been recorded.
By the Numbers: Legal Spending Surge
- 2023/24 Financial Year: £11,668
- 2024/25 Financial Year: £137,518
- Increase: 1078%
The data was revealed following a Freedom of Information request by Sue Peacock, an advocate who provides support for parents navigating the complex SEND system. She expressed concern over what she termed a "broad-brush use of barristers" to defend the council's position in court.
Parent Advocate Criticises Council's Approach
Sue Peacock argues that the reliance on expensive legal professionals creates an imbalance of power, putting families at a significant disadvantage. She believes the funds could be more effectively used to improve services directly.
"This would also avoid a David and Goliath situation where parents are having to go up against legal professionals," Mrs Peacock stated, adding that she feels the money could be better spent elsewhere.
She suggests that council staff should be trained to defend their own decisions in tribunals. This, she believes, would not only save money but also help them understand the consequences of their decisions and avoid repeating mistakes in the future.
Mrs Peacock remains skeptical about the council's claims of progress, noting that her personal experience and the families she supports tell a different story.
"If progress is being made within the department, it hasn’t filtered down to the day-to-day lived experience of families. If things were getting better and things were truly improving, you would start to see those figures going down, not going up."
Having been involved with the system for 14 years, she added, "I am here 14 years later listening to the same things. Nothing is changing."
Performance Data and Council's Response
The increase in legal disputes coincides with ongoing performance challenges within the council's SEND department. In July 2024, the percentage of EHCPs delivered on time stood at 26%. However, the latest figures for May 2025 show this rate has fallen to just 8.7%.
Government Intervention and Action Plan
Wirral Council is currently under a government notice from the Department for Education (DfE) due to historical failings in its SEND provision. The DfE has acknowledged some improvements but insists that more progress is required. The council has published an action plan outlining its strategy to enhance services and manage the high demand.
Council officials attribute the drop in on-time EHCPs to a concerted effort to clear a large backlog of historic cases. According to recent data, 647 open cases are overdue, with one child having waited nearly two years for necessary support.
Despite these figures, the council points to signs of improvement in other areas. Assistant Director Adrian Leach reported in September that the average wait time for an EHCP has been reduced by 50 days. He also noted significant progress in initial assessments:
- The rate of assessment decisions made within six weeks is up by 47%.
- The average wait time for an assessment has fallen from 36 weeks to 11 weeks.
- The number of families waiting for an assessment dropped from 1,000 in January to 370 by June.
Commitment to Future Improvements
Earlier this year, Wirral Council invested several million pounds to double the size of its SEND caseworker team, with the aim of driving improvements. Following the government's updated notice in June, council leaders reaffirmed their commitment to the necessary changes.
Council Leader Cllr Paula Basnett stated, "We recognise there is much work to be done and we will stay focused on that until we are delivering consistently good outcomes for our younger residents."
Simon Banks, Wirral Place Director at NHS Cheshire and Merseyside, also highlighted the collaborative effort required. "There is also more to do to ensure that children and young people with SEND get the right support from the right professional in the right environment that meets their needs," he said previously.
As legal costs continue to rise, families and advocates will be closely watching to see if the council's investments and strategic changes translate into tangible improvements for children with special educational needs across Wirral.