Campaigners prepare legal challenge to Rutland SEN school closure

In January, Parks School was closed by the county council to save on costs

Author: Robert Alexander, LDRSPublished 8th Mar 2024

Campaigners fighting the closure of a special education needs school in Rutland are preparing for a legal challenge against the decision.

The Save the Parks School group is raising funds for a judicial review and has criticised Rutland County Council for not considering a petition calling for the school in Burley ORad, Oakham to stay open.

A judge has now given the group until Wednesday next week (March 13) to come up with the £5,000 required to begin the legal process.

“So far we have raised £3,915 in just over two weeks,” said Antonia Garnett-Wright on behalf of The Save The Parks School group.

“People have been so generous. Clearly they feel as strongly about this closure as we do.

“We’re getting a bit desperate but we’re also hopeful that we can raise the £5,000 needed to take the matter before a judge, who could grant us a judicial review into something we, as parents, feel so passionate about.”

The Parks School was Rutland’s only state-maintained community special education needs (SEN) nursery school taking children up to seven years old. In its last two Ofsted inspections it achieved an ‘outstanding’ rating.

A public consultation into the school’s potential closure opened in November and since then a petition to keep it open has been signed by nearly 4,000 people, almost 10% of the population of Rutland.

But the school was closed by Rutland County Council in January to cut costs.

Mrs Garnett-Wright is concerned that the petition was never formally accepted by Rutland County Council, and so could not influence its decision.

“We were not given the opportunity to present the petition before the council,” she said.

“It never went to either the scrutiny committee or the cabinet, was not listed on an agenda, and our emails to the council were simply ignored.”

She added: “We were then told the reason the petition was not listed for scrutiny was because the decision had already been made to close The Parks School, and that we should have asked to be present before the cabinet meeting.

“It turns out that the independent reviewer promised to us by Rutland County Council, and carried out by Maureen Morris at a daily rate of £320, didn’t even get to see our petition, and therefore she did not consider it – or the feelings of nearly 10% of the population of the county – when making her recommendations.”

A spokesperson for Rutland County Council said: “We welcome petitions as one of the ways that people can share concerns and highlight important issues.

“We have a formal process for receiving, reviewing and considering petitions and can guide people through this in advance, so they know how to collect and submit signatures.”

In order for a petition to be considered by members of the council, written notice needs to be given at least 10 working days before the meeting date.

The petition relating to The Parks School was received by the council on Sunday, January 14 but the council’s cabinet had already made a final decision on the school’s future on Thursday, January 11.

The spokesperson added: “There is no way for the full council or a committee to reconsider or change a cabinet decision as a result of a petition once that decision has been made. Therefore, the petition cannot be presented at a future meeting of the full council or a committee.

“Officers who oversee the petitions process and organise the council’s calendar of public meetings have been in frequent contact with organisers of The Parks petition since November 23 and responded promptly to all questions and enquiries, providing clear guidance on the council’s petitions process.”

The Parks school had provision for up to eight children. The independent review identified that “the current arrangement was expensive and did not reflect the national and local aim for more children with special educational needs to be educated within their local mainstream early education or school setting”.

If the £5,000 can be raised, Rutland County Council’s decision could be recalled for further review, and could be reversed.

“We have to do what is right for these children,” added Mrs Garnett-Wright.

“If that means raising the £5,000 for legal fees needed, then that is what we are going to try to do.”

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