Kent County Council backs down on special schools’ reform after heads threaten High Court legal action over ‘potential discrimination’

by Simon Finlay, Local Democracy Reporter

Seven special schools due to be re-designated in council reforms will not go ahead after head teachers threatened legal action.

Kent Special Educational Needs Trust (KsENT), representing 24 heads, was seeking a judicial review of Kent County Council (KCC) plans for a shake-up of admissions’ policies.

Special schools will no longer be re-designated. Library image

KCC, in a bid to find budget savings and streamline the system, wanted some of the county’s special schools to accommodate children with complex needs - a move KsENT described as “deeply flawed”.

Now the Conservative-led authority’s lawyers Bevan Brittan have written to KsENT’s legal representatives at Rook Irwin Sweeney to inform them it will not proceed with the changes.

A KsENT statement said the legal action was initiated “in response to serious concerns about the potential for discrimination as well as the quality and transparency of the process behind the proposed changes. The challenge focused on the lack of evidence, inadequate consultation, and limited engagement with school leaders and families”.

It added: “As headteachers of Kent’s special schools, our priority is always the best interests of the children and families we serve. The decision to pursue legal action was not taken lightly.

“We acted to protect the integrity of SEND provision and to ensure that any future proposals are built on evidence, transparency and true collaboration.

Highland Council's low national position for attainment has been a persistent sore for the administration. Picture: iStock.

“We recognise that change is needed, and we remain committed to engaging positively with KCC to help shape future decisions. However, it must be on a basis of collaboration with meaningful involvement from those who lead, deliver and rely on special school education across Kent.

“This outcome provides a necessary pause. It creates space for better planning, co-production and, above all, decision-making that starts with the needs of the children.”

In confirming the changes “will not be implemented” the Bevan Brittan email to KsENT’s lawyers states: ”KCC is considering the matter afresh and has not predetermined what any future decision will be. As we have explained previously, KCC will make a decision on how to proceed once it has completed the further work and gathered the additional information it considers necessary to inform that decision.”

The letter dated November 22 last year from KsENT states: ”KsENT considers the proposals contained with the Special Schools Review (SSR) to be deeply flawed and the consultation relating to those proposals to have been unlawful.”

Peter Read, who commentates on Kent education

Kent education commentator Peter Read claims KCC has created a “schism” in the sector.

In a recent newsletter, Mr Read said: “This is a major setback for KCC, which has surely been very unwise to create this schism with a whole sector of Kent schools in this way, bringing the Special School Review, a major policy drive, to a shuddering halt.

“Several of these schools are reportedly and understandably looking to become academies to remove themselves from KCC control.”

The cancellation of the SSR and the future of special schools will fall into the lap of whichever party emerges in charge after the KCC elections on May 1.

The council will still have to find savings in order to comply with the “safety valve agreement” with the Department for Education, which would allow the cancellation of part of the KCC deficit.

A Kent County Council (KCC) spokesperson said: “The council remains committed to ensuring there are the right school places to meet pupil need and that, as far as possible, children and young people can attend school in their local community.

“Our officers continue to work with special schools such as Aspire School, Broomhill Bank and Parkwood Hall who are planning to expand their offer to children and young people with more complex needs.

“As was made clear in recent council meetings, KCC has continued to engage with and listen to parents following the consultation that took place last summer, and to work with school leaders.

“Their feedback, together with further work and gathering additional information, will inform the decisions to be taken in due course on how to proceed in relation to the special school review.

“The Safety Valve plans agreed with the Department for Education (DfE) are intended to increase opportunities for children and families as well as reduce financial pressures in the SEND system.”

“Changes already made to SEN provision in Kent have improved performance, with completion of Education, Health and Care Plans in timescale now well above the national average. Changes to school placements have contributed to saving Kent residents £9 million in home to school transport during 2024-25.

“The council continues to contribute to develop national policy through, for example, rolling out the DfE’s PINS (Project for Inclusion of Neurodiversity in Schools) project in Maidstone schools and planning is underway to implement the recommendations of the Government’s Neurodivergence Task and Finish Group.”