News / SEND
SEND Safety Valve challenge dismissed by courts
The High Court has dismissed a legal challenge brought by families against the Safety Valve Agreement between Bristol City Council and Devon County Council.
The case centred on the concern that measures introduced under the Safety Valve Agreement—aimed at reducing the local authority’s special educational needs and disabilities (SEND) budget deficit of £53m—would limit access to lawful and essential support for children with SEND in Bristol and Devon.
Watkins Solicitors represented two of the families who brought the judicial review, arguing that the agreement risked undermining legal duties to secure provision under EHCPs (Education, Health and Care Plans) and failed to properly assess the impact on disabled children.
is needed now More than ever
While the Court ultimately ruled against the families, it acknowledged the pressure local authorities face in managing rising SEND costs and confirmed that councils must still meet their statutory duties.
The case was spread over two days, starting on January 28.
Beverley Watkins, managing partner at Watkins Solicitors: “While we are of course disappointed by today’s outcome, this case has always been about more than one legal challenge—it’s about the real-world consequences of policy decisions on families of children with special educational needs and disabilities.
“The Safety Valve agreements are having a significant impact on children’s access to vital support, and we believe those impacts must be subject to greater scrutiny.
“Every day we speak to parents who are forced to give up work or reduce their hours, who face inappropriate school placements for their children, or who must pursue legal action simply to secure basic educational provision.
“This isn’t just about figures in a budget—it’s about children’s lives and futures.
“Although we did not succeed today, this case has brought important national attention to the challenges families are facing under the current system.
“We remain committed to holding decision-makers to account and standing with families as they fight for the education and support their children deserve.”
Over 10,000 pupils receive SEND support, while 2,877 have an education, health and care plan (EHCP), and numbers are rising.
Bristol City Council has now set out a new SEND strategy, covering its plans for the next four years to improve this support and deal with the increasing demand.
Main photo: Hannah Massoudi
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