A council wants courts to take financial health into account when deciding if authorities are breaking the law over refusals to provide vulnerable pupils support.
Norfolk County Council is one of 38 councils getting a slice of £1 billion government funding under the safety valve scheme to bring down deficits on high needs budget, which pay for special needs support.
Its agreement was suspended this year, due to missing targets. It has now submitted a revised plan that includes recommendations “designed to prompt discussion with the DfE and lead to sustainable changes”.
The council proposes a trial where judges making decisions in SEND tribunals “must take account” of safety valve agreements. Currently, the tribunal only looks at how the law has applied on education, health and care plan (EHCP) decisions by councils.
On school placements, judges can look at whether a council’s decision is an “efficient use of resources”, but it does not look at the wider finances of the authority.
Stephen Kingdom, campaign manager at the Disabled Children’s Partnership, said they were “already concerned that safety valve agreements are forcing local authorities into unlawful actions; this appears to be a proposal to legitimise unlawful practice by tying the tribunal’s hands”.
The council said the government could trial loosening rules requiring councils to seek an educational psychologist’s advice when undertaking an EHCP assessment.
It also wants a pilot looking at bandings and tariffs for independent special schools linked to state-funded special schools.
The council suggested a “direct link between average costs and ‘good/outstanding’ Ofsted ratings for all new placements”.
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