Judicial review claims challenging “safety valve” deals entered into by two authorities to be heard in High Court this week
Three linked claims challenging so-called “safety valve” agreements reached by Devon County Council and Bristol City Council with the Department of Education are being heard in the High Court this week (28 – 30 January).
The claims are being brought on behalf of disabled children with Education, Health and Care Plans (EHCPs).
Safety valve agreements (SVAs) are written agreements between individual local authorities and the Department for Education (DfE), agreeing that the DfE will “bail out” local authorities that have over-spent on their special educational needs budgets.
In exchange for financial assistance, local authorities are asked to agree to a plan which will eventually return them to a point where their spending is within budget.
In November 2024, the Court ordered that two similar claims challenging Devon County Council’s decision to enter a safety valve agreement would be joined to a claim against Bristol.
Both of the Devon claims, which will proceed on a “rolled-up” basis, argue that the council failed to comply with the Public Sector Equality Duty under s.149 Equality Act 2010 and failed to carry out “adequate inquiries” prior to the decision to enter the SVA being taken.
Representing one of the parents in the Devon claims, law firm Rook Irwin Sweeney said: “Our client, the mother of a disabled child in Devon, is concerned about the impact of the SVA on children with SEND in the county. She argues amongst other things that the agreement is irrational as the council did not have sufficient information about how cuts could be delivered.”
The Bristol claim challenges the failure of Bristol City Council to carry out a public consultation prior to deciding whether to enter an SVA.
Beverley Watkins, Managing Partner at Watkins Solicitors, which is acting for the Bristol claimants, 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.”
Lottie Winson
