Council taken to High Court in SEN funding row

Parents from Devon are taking Devon County Council to court in a row over special educational needs funding

Parents from Devon are taking Devon County Council to the High Court in a row over special educational needs (SEN) services and millions of pounds of funding.

Devon was one of the councils that agreed a deal in March to get about £95m from the government to try to resolve a massive deficit due to overspending on SEN services.

Two sets of unnamed parents from Devon are now arguing the deal involved the council agreeing to make cuts to SEN services without any consultation with families or examining the long-term implications for children.

Devon County Council said there were no "blanket policies" as a result of the funding rescue package and it would "strongly defend" its position in court.

Devon County Council agreed a deal with the government in March 2024 to try to resolve a massive deficit from spending on special educational needs

Since agreeing the deal, known as the Safety Valve agreement, Devon County Council has repeatedly overspent on SEN services - by £15m in the first six months, with the figure continuing to increase.

The number of children in Devon with an Education Health and Care Plan (EHCP) - a legal document that outlines a child's special educational needs - more than doubled in six years from just over 3,700 in January 2017 to 8,400 in January 2023.

Watkins Solicitors is representing a family from Devon and a family from Bristol while Rook Irwin Sweeney is representing another family from Devon in the Judicial Review being heard at Bristol High Court.

Watkins Solicitors said it was a "pivotal" case which marked a "critical moment for SEN families across the UK".

Beverley Watkins, managing partner, said: "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."

'Individual needs'

Devon County Council said it had followed the same process as other local authorities and had "fully complied with our legal obligations".

A spokesperson said: "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 EHCP assessments to ensure that we are meeting the needs of children, young people and their families, as soon as we can."

The Judicial Review is due to last two to three days and a judgement could be handed down at the end of the hearing or at a later date.