Special needs schools threaten legal action against Kent County Council over pupil placement reforms

Special educational needs schools in Kent have threatened legal action against the county council over “deeply flawed” proposed changes to the way children are allocated places.

The Kent Special Educational Needs Trust (KsENT) has employed a law firm to act on its behalf and may seek a judicial review at the High Court.

KsENT claims Kent County Council (KCC) has acted unlawfully in its reforms of how some special educational needs (SEN) children are to be placed.

The body - made up of 24 special schools in Kent - claims the special schools review (SSR) consultation can also be legally challenged.

The letter dated November 22 from KsENT states: “KsENT considers the proposals contained with the SSR to be deeply flawed and the consultation relating to those proposals to have been unlawful.

“Accordingly, KsENT will be instructing counsel to consider bringing a claim in judicial review against both the consultation and the decision itself.”

KCC, in trying to streamline the system and find budget savings, aims to redesignate some of the county’s special schools to accommodate more children with complex needs.

There would also be a change to admissions guidance which could prioritise those with the severest requirements.

Children who do not meet amended criteria may have to be absorbed into the mainstream sector.

Seven schools would be redesignated from catering for children with “communication and interaction” issues to those with “neurodivergent and learning difficulties”.

But a recent consultation exercise heard a significant proportion of the respondents were opposed to the proposals.

KsENT states in a letter to KCC: “KsENT considers that the SSR proposals, if accepted, will end up resulting in enormous disruption not just to countless children and young people currently benefiting from placements at special schools but also to staff at special schools who have a wealth of knowledge and expert practice in achieving excellent outcomes for these children and young people, harming what is currently working in the county in order to improve the outcomes for another group of children who have not benefited.”

The rising cost of SEN children - particularly those in the high needs block (HNB) - the use of expensive private schools and the rocketing price of home-to-school cab and minibus transport (HST) has placed a huge strain on KCC’s already squeezed budgets.

For instance, recent figures for HNB pupils show budgeted cost for 2024-25 as £342.7 million, against the forecast of £389m, a gap of more than £46m.

County councillor Simon Webb, a former head teacher, academy trust chief and ex-KCC principal primary adviser, said recently: “We have got some special schools who have a selective admissions policy.

“We have created a ludicrous situation where some special schools have set their own admission criteria in such a way to stop ‘high-needs pupils’ gaining admission into their schools, and consequently have to be found places elsewhere.

“But these schools are equipped to deal with high-needs children. They have the staff, the space and the facilities to accommodate these children. They shouldn’t have to be sent to independent special schools.

“We continue to work constructively with school leaders, including leaders of special schools, to deliver on our reforms…”

“The children they reject have higher needs than the children they currently have, in my view.

“They must be willing to adapt their curriculum or appoint staff who can nurture and support these vulnerable children and offer a local provision.”

KCC said the children, young people and education (CYPE) cabinet committee voted on November 21 to endorse the redesignation of seven of Kent’s 24 state-funded special schools and introduce a special/mainstream school collaborative arrangement after the SSR.

A KCC statement said: “The cabinet member for education and skills (Cllr Rory Love) has committed to awaiting the outcomes from the scrutiny committee, which has been conducting a focused inquiry into Kent’s SEND improvements, before he makes any final decisions on changes to designations of individual special schools.

“Each of the schools highlighted for a change in their designations will have their own project planning and decision-making process.

“We are aware of representations made by a member of KsENT.

“We continue to work constructively with school leaders, including leaders of special schools, to deliver on our reforms, which will enable children and young people to have the right education in the right place, and reach their full potential.”

Cllr Love attended a meeting of the scrutiny committee on Wednesday (December 4) and agreed to take away findings from its own review to consider his decision.