Children with special educational needs are being “segregated” and left to struggle in the wrong schools because councils are trying to “save on costs”, parents have told Sky News.
Maire Leigh Wilson, whose four-year-old son has Down’s syndrome, says she “shudders to think” where he would be now had she not been in a “constant battle” with her council.
“I think he would probably just be at the back of a classroom, running around with no support and no ability to sign or communicate,” she said.
Mrs Leigh Wilson wanted her son Aidan to go to a mainstream school with additional specialist support, but her council, who decide what is known as a child’s Education Health and Care Plan (EHCP), wanted him to attend a special school.
The number of EHCPs being appealed by parents has risen “massively”, according to education barrister Alice De Coverley.
She said councils are struggling to meet the volume of demand with “stretched budgets”, and parents are also more aware of their ability to appeal.
Mrs De Coverley said more than 90% of tribunals are won by parents, in part because councils do not have the resources to fight their cases.
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She said, in her experience, parents of children with special educational needs will put “anything on the line, their homes, their jobs”.
On whether she thinks the system is rigged against parents, Mrs De Coverley said: “I’m not sure it’s meant to be. But I think that parents are certainly finding it very tough.”
She added the number of “unlawful decisions” being made by local authorities means parents who can afford it are being “utterly burnt out” by legal challenges.
Image: Maire Leigh Wilson with her son, Aiden, four
Mrs Leigh Wilson’s case was resolved before making it to court.
Her council, Hounslow in southwest London, said they complete more than four in five new EHCPs within the statutory 20-week timescale, twice the national average.
Hounslow Council said they “put families at the heart of decision-making” and young people in the area with special educational needs and disabilities achieve, on average, above their peers nationally.
They admitted there are areas of their offer “that need to be further improved” and they are “working closely with families as a partnership”.
“We have a clear and credible plan to achieve this, and we can see over the last 18 months where we have focused our improvement work, the real benefits of an improved experience for children, young people, and their families,” a Hounslow Council spokesman said.
He added the council had seen the number of EHCPs double in the last decade and they “share parents’ frustrations amid rising levels of national demand, and what’s widely acknowledged as a broken SEND system”.
Image: Emma Dunville wanted her son, Albie, to go to a special school but the council took too long to assess him
Emma Dunville, a friend of Mrs Leigh Wilson whose son also has Down’s syndrome, describes her experience trying to get the right education provision for her child as “exhausting mentally and physically”.
She said: “For the rest of his life we’ll be battling, battling, battling, everything is stacked up against you.”
Unlike Mrs Leigh Wilson, Mrs Dunville wanted her son Albie to go to a special school, but she had to wait more than a year for an assessment with an education psychologist to contribute to the council’s decision, which meant she missed the deadline for an EHCP.
“The people making these decisions just don’t see that all children with Down’s syndrome are totally different and can’t be seen as the same.”
The guidelines are that if there are not enough local authority-employed education psychologists they should seek a private assessment, but her local authority did not do that.
Mrs Dunville said her son has been “segregated” in a mainstream school, where they are “trying their best” but “it’s just not the right setting”.
Anything other than a win for Labour would have been a humiliation in this contest.
It wasn’t any old local by-election – this was a contest where Labour knew it could act as a mini barometer of Sir Keir Starmer’s recent U-turn on winter fuel payments and become a test of how popular the politics of Nigel Farage are in Scotland.
Labour are power hungry and have, for a long time, set their sights on forming the next Scottish government.
The prime minister will this morning be breathing a sigh of relief after clinching this shock victory over the SNP and Reform UK.
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1:01
New MSP’s message to Farage and ‘his mob’
This contest on the outskirts of Glasgow came at a time where Labour had been firefighting and grappling with polling suggesting they had blown their chances of ousting the SNP from power in Edinburgh after almost 20 years.
The SNP had a spring in their step during this campaign after a chaotic couple of years.
First Minister and SNP leader John Swinney had apparently stemmed the bleeding after the infamous police fraud investigation, endless fallout over gender identity reforms, and last year’s general election where they were almost wiped out.
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This result leaves them no further forward than 12 months ago with questions over the party’s strategy.
Image: SNP and Reform UK election billboard posters in Larkhall. Pic: PA
Reform UK is very much in the Scottish picture now, finishing a few hundred votes behind the nationalists.
This is a party led by a man who barely registered any support north of the border for many years. A remarkable transformation.
The surge in support has spooked many because they know fine well Nigel Farage is only just getting started.
One poll had Reform UK forming the next official opposition at Holyrood. After tonight, that might be a tall order but Mr Farage is shaking things up at the expense of the Conservatives.
The unpredictable nature of this contest may give us a taste of what is to come.
Andy Carter, senior winners’ adviser at Allwyn, said: “We are now on the verge of potentially creating the biggest National Lottery winner this country has ever seen.”
The previous largest prize pot was won by an anonymous UK ticket-holder, who took home £195m on 19 July 2022.
Just two months earlier, Joe and Jess Thwaite, from Gloucester, won £184,262,899 with a Lucky Dip ticket. At the time, Joe was a communications sales engineer, and Jess ran a hairdressing salon with her sister.
Mr Thwaite said he woke up at 5am as usual, and checked his phone to see an email saying, “Good news, you have won a prize”.
But he did not immediately wake his wife, choosing to let her sleep in.
“I saw how much and I didn’t know what to do,” Mr Thwaite said.
“I couldn’t go back to sleep, I didn’t want to wake Jess up, so I just laid there for what seemed like forever. I spent some time searching for property with no budget limit, which was a novelty!”
When his wife woke up, she assumed the National Lottery app was wrong.
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1:24
Winner ‘thought it was a scam’
In February last year, Richard and Debbie Nuttall were revealed as the UK winners of a £61m EuroMillions jackpot – who at first thought they had only won £2.60.
The couple from Lancashire split the £123m prize with a winner in Spain.
This year’s biggest prize, of £83m went to a UK winner in January.
The Scottish government minister died in March at the age of 57, having last year taken medical leave to undergo treatment for secondary breast cancer.
First Minister John Swinney congratulated Mr Russell following the result.
In a post on X, the SNP leader said Ms Loudon had “fought a superb SNP campaign”.
He added: “We have made progress since the election last year but not enough. We still have work to do and we will do it.”
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With Reform UK never having won an election in Scotland, party deputy leader Richard Tice said candidate Ross Lambie coming in third was a “massive boost for us”.
Image: Reform UK deputy leader Richard Tice turned up to the count to support candidate Ross Lambie. Pic: PA
He added: “It’s a fantastic result, just a few hundred votes away from the SNP, nobody predicted that.
“I think that sets us up with excitement and momentum for the next 11 months into the Holyrood elections.”
Image: Davy Russell celebrating with Scottish Labour leader Anas Sarwar and the party’s deputy leader Dame Jackie Baillie. Pic: PA
Mr Russell said the constituents had voted to “take a new direction” with his party.
He added: “Like the people here in Hamilton, Larkhall and Stonehouse, and right across Scotland, we all feel we have been let down by the SNP.
“They’ve broken our NHS, wasted our money, and after nearly two decades they don’t deserve another chance.”
Image: Mr Sarwar and Mr Russell on the campaign trail. Pic: PA
Mr Russell said the community had also “sent a message” to Reform UK leader Nigel Farage “and his mob tonight”.
He added: “The poison of Reform isn’t us, it isn’t Scotland, and we don’t want your division here.
“Reform have no real answers to the issues we face, and they can’t beat the SNP here or replace them across Scotland.”
Mr Russell said his party was ready to “fix” the NHS and “end the SNP’s addiction to wasting your money”.
He added: “The road to a new direction for Scotland in 2026 – with Anas Sarwar as first minister and a Scottish Labour government – begins right here. So, let’s go and win it together.”
Image: By-election Scottish Conservative candidate Richard Nelson (left) and Reform UK candidate Ross Lambie. Pic: PA
Ten candidates went head-to-head in the Holyrood by-election:
• Collette Bradley, Scottish Socialist Party – 278 votes • Andy Brady, Scottish Family Party – 219 votes • Ross Lambie, Reform UK – 7,088 votes • Katy Loudon, Scottish National Party (SNP) – 7,957 votes • Janice MacKay, UK Independence Party (UKIP) – 50 votes • Ann McGuinness, Scottish Green Party – 695 votes • Aisha Mir, Scottish Liberal Democrats – 533 votes • Richard Nelson, Scottish Conservative and Unionist Party – 1,621 votes • Davy Russell, Scottish Labour Party – 8,559 votes • Marc Wilkinson, Independent – 109 votes
The votes were verified and manually counted at South Lanarkshire Council headquarters in Hamilton.
Image: Dame Jackie got emotional after Mr Russell’s win. Pic: PA
Campaigning became heated in the run up to the by-election, with Reform UK accused of running a “racist” ad on Facebook against Scottish Labour leader Anas Sarwar.
Reform leader Mr Farage continued to double down, accusing his rival of “sectarian politics”.
In response, the Scottish Labour MSP branded Mr Farage a “poisonous little man” and accused him of running a “campaign of dirt and smear”.
First Minister Mr Swinney had earlier warned it was a “two-horse race” between the SNP and Reform UK, urging voters to “defeat the gutter politics” of Mr Farage.
With less than a year to go before the Scottish parliament election, the result potentially offers a snapshot of how the political landscape north of the border could look in 2026.
Mr Sarwar said: “I think people need to change the script, because we’ve proven the pollsters wrong.
“We’ve proven the commentators wrong, we’ve proven the bookies wrong. We’ve proven John Swinney wrong and so many others wrong too.”