Judicial review begins over special needs bailout

Jonathan Holmes & Paul Barltrop
BBC News, West of England
BBC Beverley Watkins, managing partner of Watkins Solicitors in Bristol. She has blonde hair and is wearing a grey coat, standing outside the Bristol Civil Justice Centre.BBC
Beverley Watkins, from Watkins Solicitors, says the plan will mean a reduction in funding for special needs provision

A judicial review in the High Court case has begun over a government bailout of £54m for special needs education funding in Bristol.

Last year, Bristol City Council entered into a deal with the Department for Education to receive extra money to help pay off a financial deficit caused by an increase in demand for special educational needs provision, or SEND.

As part of the agreement, known as a Safety Valve, the council agreed to reign in its spending, which parents feared would lead to less support for their children.

Bristol City Council said it would not comment on the case while proceedings were ongoing.

In the last few years, there has been a large increase in the number of children designated as having special educational needs in Bristol.

This has led to spiralling costs, as the council has struggled to find suitable school places for children with education, health and care plans (EHCP), which it is legally obliged to provide.

Thirty seven other councils around the country have entered into Safety Valve deals with the Department for Education.

Bristol City Council stands to get £54m over seven years, but this equates to a 25% cut in its spending on SEND.

The council was previously found to have broken the law by a judge in 2018, who ruled that cuts to its SEND budget then were illegal.

'Golden ticket'

The case has been brought by Watkins Solicitors, who are representing a family from Bristol.

Managing partner of Watkins, Beverly Watkins, told the BBC: "It is so difficult, many of these parents had to give up work, they're looking after kids 24-hours-a-day.

"They don't want a golden ticket or special treatment, all they want is appropriate provision to meet the needs of their children.

"There is a chronic shortage of special schools and the idea that you can simply place the kids in mainstream schools is not a good one and will not work."

SEND campaigner Jen Smith said: "Bristol has a really long history of not getting this right.

"We're all very concerned because it will affect children now and in the future, the impact could be devastating," she added.

A judgement in the case is expected later this year.

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