Parents in Bristol and Devon take councils to court over SEND funding
A hearing got underway this morning in Bristol
Parents in Devon and Bristol are starting an almost three-day legal battle over Special Educational Needs provision and funding.
The judicial review hearing at Bristol High Court will look at the way the services are funded in both areas - and the support from Government.
Watkins Solicitors said: "This significant case challenges Devon County Council and Bristol City Council's decision to enter into a Safety Valve Agreement with the government without consulting parents or assessing the long-term implications for children with Special Educational Needs (SEN).
"At its core, the Bristol City Council case focuses on the council's commitment to reducing deficits in school budgets in exchange for £53 million in government funding. Watkins Solicitors argues that this agreement risks creating further barriers to accessing vital SEN support, including Education, Health, and Care Plans (EHCPs).
"On 13 November 2024, the Court ordered the consolidation of two additional claims from Devon County Council families into this Judicial Review. This combined 2.5-day hearing will address three challenges, highlighting widespread concerns about the impact of these agreements on SEN provision."
Beverley Watkins, Managing Partner at Watkins Solicitors, added: "This case is about ensuring that the voices of parents and children with SEN are heard. Decisions that impact such critical areas of support must be made transparently and with a full understanding of their consequences.”
"For over twenty years, Watkins Solicitors has been a leading advocate for children and families navigating the complexities of the SEN system. The firm’s dedicated Education Law and Judicial Review team has successfully supported numerous families in securing appropriate placements, challenging statutory assessment refusals, and addressing unlawful delays in EHCP processes.
"This Judicial Review represents a critical moment for SEN families across the UK. It underscores the importance of transparent decision-making that prioritises the needs of children, ensuring they receive the education and support they are entitled to under the law."
What has Devon County Council said?
Devon announced in March 2024 that it had entered into an agreement to receive £95 million over a nine-year period to address its historic Dedicated Schools Grant deficit, bringing additional resources to ensure the needs of children, young people and their families, are being met. The Dedicated Schools Grants are in deficit for many local authorities and as a result, many, including Devon County Council, have been invited to enter safety valve agreements with the Department for Education, with additional resources released to councils upon meeting key milestones. In return, councils agree to action plans that will return them to a point where their spending is within budget.
A spokesperson for Devon said: "Devon County Council has cooperated fully with the legal process including the upcoming hearing. It would be inappropriate for us to comment on the specifics of the cases at this time. As we have said previously, we are one of many local authorities nationally to have been invited to enter Safety Valve agreements with the Department for Education. We have followed the same process as other local authorities and have fully complied with our legal obligations in entering our Safety Valve agreement. We are dedicated to improving the lives of our children, young people and families, and will be strongly defending this matter.
“Our action plan is very clear on improvements to our working practices, and that this will be achieved without implementing blanket policies that do not consider the individual needs of children and young people. Since entering the agreement, we have dedicated time and resource into reducing the backlog of EHC assessments to ensure that we are meeting the needs of children, young people and their families, as soon as we can."
What has Bristol City Council said?
The authority says it may look to make a comment post hearing.