'While we lost SEND case it still shows real-world consequences of decisions'

Lawyers acting for families who took Bristol and Devon councils to the High Court say they're 'disappointed' the case was dismissed

The case focussed on how money for special educational needs provision was allocated.

Bristol 'welcomed' the ruling and Devon said it was 'pleased', with both councils vowing to do more to help families

The legal team say the case still highlighted the problems in the sector - including long waits to get help.

The full judgement can be found here

What have Watkins Solicitors said?

Beverley Watkins, Managing Partner at Watkins Solicitors, said: "The case centred on the concern that measures introduced under the Safety Valve Agreement—aimed at reducing the local authority’s SEND (Special Educational Needs and Disabilities) budget deficit—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.

"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.

"We remain proud to have supported our clients in raising these urgent issues and bringing national attention to the real-life effects of local authority policy on vulnerable children and their families.

"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."

What has Bristol City Council said?

The full statement can be found here

"Bristol City Council (BCC) welcomes the court's judgment in relation to the Department for Education's (DfE) Safety Valve agreement. BCC has been informed that the court has dismissed the claim against the council.

"Our priority remains to deliver the best possible support and outcomes for children, young people, and families. We remain committed to working closely with parents and carers, our partners in health and social care, and community organisations, to ensure SEND services meet the needs of children and young people, providing them with the right support, opportunities, and resources to thrive."

What had Devon County Council said?

A spokesperson for Devon County Council said: "We are pleased with the High Court’s decision and will continue in our ongoing work to improve outcomes for children and young people with SEND and their families.

"The challenges were raised in relation to Devon County Council and Bristol City Council’s Safety Valve agreements with the Government.

"Devon entered into an agreement in March 2024 for an extra £95 million of national funds set aside to reduce the council's deficit on special needs education. You can read more about it here

"Solicitors, representing two of the families that bought the judicial review, argued that the agreements with Devon and Bristol risked undermining legal duties to secure provision under Education, Health and Care Plans and failed to properly assess the impact on disabled children.

"The High Court considered the legal challenges at a hearing in Bristol in January and yesterday, Thursday 10 April, dismissed all grounds, ruling against the families."

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