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The National Autistic Society has warned the government that it would be breaching local authority rules if it tries to cut special educational needs funding, writes Derren Hayes.

NAS’s concerns follow comments made by health secretary Charles Clarke that the government suspected some local education authorities of diverting parts of their general schools budget into funding special educational needs students.

Steve Broach, policy and campaigns manager for NAS, said it was “curious” that the government was singling out SEN spending as being a reason for the general funding problems in schools.

“The implication of this is that some LEAs are spending more than others, but local authorities have a duty to assess and meet the special educational needs of a child and have little control of how much they spend if the law is being applied properly.

Broach added that any cutbacks in SEN funding would be “very unhelpful”, and result in more parents taking their cases to the independent SEN and disabilities tribunal.

Clarke told teacher’s union NASWUT’s annual conference that an initial audit of 90 LEA’s spending budgets this year had shown some authorities have made “huge increases” in funding for SEN, while others have made reductions.

Clarke said that once all 250 LEAs had filed figures he would publish them, ask them to justify spending decisions and in light of this consider changes to funding rules for next year.

The issue has arisen over some schools’ concerns that they will have to cut teachers jobs this year because of a shortfall in funding from LEAs. The government said it has increased schools spending by 11.6 per cent in 2003-04, or £2.7 billion in cash terms.