SPOTLIGHT

A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

Pupils removed from SEN school after undercover Panorama investigation

Pupils have been removed from an independent special educational needs school in Wirral after an undercover Panorama reporter witnessed staff using offensive language to mock pupils for their neurodiversity or learning disabilities, as well as “manhandling them into dangerous headlocks”.

The actions of the staff in question are now the subject of a police investigation.

During her time undercover, reporter Sasha Hinde did work experience with sports staff at the Life Wirral school.

Among other allegations, the reporter said she witnessed three members of staff using “homophobic and sexist language” towards pupils, a mental wellbeing coach using offensive language to describe pupils with special educational needs at the school, and the head of sport putting a pupil in a headlock, “mocking his reaction and then pushing him to the ground”.

The Panorama episode, which aired on Monday (17 June) shows video evidence of bullying and aggression towards pupils from some members of staff.

Wirral Council, which has paid out more than £2.2m in total since the school opened in 2021, described the allegations as “truly shocking” and revealed it has been providing support for the young people and their families, including identifying alternative educational provision.

The school charges the local authority a minimum of £50,000 a year per pupil, and is attended by pupils with ADHD, autism and complex needs.

A Department for Education spokesperson said: “These allegations are deeply disturbing, involving some of the most vulnerable young people in our society.

“All pupils have now been removed from the school by the local authority and we are in close contact with them to make sure an alternative education is provided.

“We have been working closely with Ofsted and the relevant local authorities, including by commissioning an emergency Ofsted inspection last year. We will not hesitate to take enforcement action, including permanent closure, should the school try to reopen."

A spokesperson for the school said: “LIFE Wirral do not condone the behaviour of a small proportion of staff whose actions were aired on last night’s BBC Panorama programme. We are deeply concerned about our students and their families and would like to apologise to all those affected.”

The spokesperson added: “The BBC has acted in a highly irresponsible manner putting the interests of a television programme ahead of the interests of vulnerable children.

 “An undercover investigator failed in her basic safeguarding duties to report significant concerns and had she have done so on day one there would be no television programme and nearly twenty at-risk children would still have a safe environment in which they can learn and develop as young adults.

“[…] Life School was a very successful Ofsted rated place of learning, shortlisted by the Times Educational Supplement as Inclusive School of the Year 2023 but regardless of how respected the school was it does not condone the behaviour revealed by the programme, and five members of staff have been suspended and we can now come to a quick conclusion based on the evidence we now have.”

Wirral Council revealed it is continuing to work closely with the police as they gather and assess evidence in this case, and that the Wirral Safeguarding Children Partnership will be commissioning an independent Child Safeguarding Practice Review in “due course”.

Lottie Winson