The High Court has given the go-ahead for a legal challenge into a controversial bailout of Bristol City Council’s schools budget. Earlier this year the council secretly signed up to a government scheme, and parents then raised concerns about cuts to special needs support.
A judicial review into the Safety Valve deal is scheduled for December. The deal involves the Department for Education paying the council £53 million over several years, to write off the funding black hole in the schools budget, in return for reforms to help balance the books.
But critically, council bosses did not consult parents before signing up to the Safety Valve programme, angering parents and opposition councillors. The challenge is being brought by Watkins Solicitors, a Bristol-based law firm.
Beverley Watkins, managing partner and founder of Watkins Solicitors, said: “I am pleased that leave has been granted to challenge Bristol City Council’s Safety Valve agreement. This case holds significant implications for all children with Special Educational Needs (SEN) in the Bristol area.
“The core issue is the council’s failure to consult with parents and other stakeholders before entering into the agreement. As children with SEN often bear the brunt of funding cuts, it’s crucial that their needs are not overlooked.
“The High Court will make its final decision in December, and I’m optimistic about the scrutiny this case will bring to such an important matter. We have also issued proceedings against Devon County Council in respect of the Safety Valve. I have specialised in education law for over 30 years, and I know how vital it is to ensure that the rights of SEN children are protected.”
Former Labour mayor Marvin Rees previously said the government prevented the council from talking about the Safety Valve programme publicly, before the bailout deal had been agreed. But the Department for Education later disputed this, and claimed the council had been free to discuss the matter.
Green Councillor Christine Townsend, chair of the children and young people committee, said: “We are aware that the Safety Valve contract signed by the previous Labour mayoral-led administration has been granted judicial review. As this matter is currently before the courts, it would be inappropriate for us to comment on the specifics of the case at this time.
“We remain committed to ensuring that SEND provision in Bristol is sustainable and can meet the needs of children, young people, and their families.”
Over 30 other English councils have signed up the Safety Valve programme, after facing similar problems with a ballooning deficit in their schools budget. The crisis is due to both rising demand and costs for special needs support, without councils getting the funding to match.