A judicial review was held in the High Court over three days in January
Demand for special needs support is rising, and costs too(Image: PA)
A judge has thrown out a legal challenge against Bristol City Council’s controversial special needs bailout after a High Court battle. Families challenged the Safety Valve deal between the government, the council, and Devon County Council, but their case has been dismissed.
The judicial review focused on the fears that part of the deal would limit access to lawful and essential support for children with special educational needs and disabilities (SEND). The deal was agreed to eliminate a massive multi-million pound deficit in the councils’ education budgets.
Watkins Solicitors, a Bristol legal firm, represented two families and argued that the Safety Valve deal undermined legal duties and failed to properly assess the impact on disabled children. The court did however acknowledge the councils must still meet legal duties to support children.
Over 30 other councils have also signed up to the Safety Valve bailout deal with the government. The firm said it was proud to have supported families in raising the issues, as well as shining a spotlight on how the deals affect vulnerable children and their families.
Beverley Watkins, managing partner at Watkins Solicitors, said: “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.”
Parents have previously argued that the terms agreed with the government include limiting the numbers of education, health and care plans granted. These key documents set out in law what support the council must provide to individual disabled children.
One mother from Devon, who asked not to be named, said: “Myself and other parents in Devon are disappointed by the decision. Devon County Council’s debt is still increasing despite signing the Safety Valve agreement and it’s not clear how this is beneficial to disabled children in Devon.
“We will continue to gather any evidence that shows how the [agreement] is detrimental to the education of our children. We may have lost this battle but we are still fighting for our children’s right to an education.”
Her daughter added: “I don’t understand why we have to fight for my education just because I need extra support to learn. I want to be able to work and be independent like everyone else.”
Another parent from Bristol, who also asked not to be named, said: “I know I’m not alone in feeling deeply disheartened by the direction things are moving for children with SEND. Local authorities may still have legal duties on paper, but in practice, families are left fighting for the basics — whether that’s a timely EHCP, the right school placement, or access to essential support.
“In Bristol, delays in EHCPs and the lack of specialist placements are already widespread. Programmes like Safety Valve don’t appear to be improving the situation — in fact, they risk embedding these failures further. Our children deserve better — not just in theory, but in the day-to-day reality of their education and support.”
The judicial review took place over three days in January. Council lawyers at the time argued that they had already consulted parents on similar policies and issues, before signing up to the deal.
They also warned that without the extra bailout money, the council would struggle to stay afloat. The government has agreed to bail out Bristol by £54 million over the next few years, and £95 million for Devon.