Councils’ bids to overturn special school cancellations rejected

Six councils’ pleas to ministers to overturn the cancellations of government-funded special free school projects have been rejected.

Conservative-led Buckinghamshire council warned the decision will have a “lasting and damaging impact” on vulnerable pupils.

In December, ministers gave councils the choice of whether to continue with a free special or alternative provision school or be given alternative funding to expand existing provision.

It followed a review on whether both planned mainstream and specialist free schools offered value for money and met local need.

But for 18 schools at an early stage in the free school process – which can take years – the Department for Education cancelled them and offered no choice.

Six town halls submitted representations to try and get the decision overturned.

But the DfE stuck by its original decision.

‘Huge disappointment’

Carl Jackson, Buckingham’s education cabinet member, said they were “hugely disappointed”.

The council had provided “detailed and powerful evidence which demonstrates the urgent need” for a 152-place school for pupils with social, emotional and mental health (SEMH) difficulties.

He said: “The government’s decision to scrap those plans risks having a lasting and damaging impact on many of our most vulnerable children and young people with special educational needs and disabilities.”

The council will receive £8 million instead to expand provision. But the council previously warned expanding mainstream schools “cannot replace the specialist therapeutic environment for many SEMH pupils”.

A council spokesperson for Tory-run Herefordshire said they were “extremely disappointed by this decision as there is clear evidence that our county is in urgent need of additional specialist places”.

“We are committed to providing every child in Herefordshire with the best education possible and we will continue to call on the government to fund the infrastructure our children need to be able to thrive.”

Labour-run Newham council said it was “disappointed” but will “now move forward to work with existing schools”.

The other three councils were Solihull, Westmorland and Furness and Nottinghamshire.

‘Carefully considered’

The DfE said each representation was “carefully considered” using both the evidence provided and what ministers already had available.

But education secretary Bridget Phillipson “retained her original decisions where it was clear representations did not provide new or materially different evidence, beyond what had already been considered”.

“To ensure children get the specialist places they need as quickly as possible, we are providing alternative per place funding to the local authorities, instead of continuing with the planned special free school projects. These projects do not have trusts appointed and were the furthest from opening.”

Of the 59 schools where councils were presented with a choice, 34 are going ahead while 25 were cancelled.

Schools Week revealed how councils would be given top marks by the government if their SEND reform proposals included “little to no” plans to increase special or AP school capacity.

The government is also forcing councils to sign a new “memorandum of understanding” on how to spend £860 million of high needs capital cash.

Its SEND reforms are aimed at educating more pupils in mainstream schools.

The DfE has also confirmed the status of mainstream free schools that were under review.

Twenty-five have been cancelled, which includes 11 primary schools and 10 secondaries. Nineteen will continue into pre-opening.

Earlier in the year, ministers u-turned on cancelling three primary free schools after receiving “compelling evidence” on why they are needed.