Special school leaders consider legal challenge over council plans to change SEND provision at group of schools
A group of headteachers of special schools in Kent have asked lawyers to explore launching a judicial review claim against Kent County Council, which is pursuing plans to change the designation and admissions guidance for some of the special schools in the county.
In November, members of the council’s Children, Young People and Education Cabinet Committee voted to endorse the proposed decisions to change the designation of up to seven of Kent's 24 state-funded special schools, and to introduce a new “collaboration arrangement” between special schools and mainstream schools.
The authority said this is intended to create “equity of access to special school places for those children with severe and complex Special Educational Needs and Disabilities (SEND)”.
However, Kent Special Educational Needs Trust (KsENT), which represents all 24 state-funded special schools in the county, said it believes the consultation on the proposed changes was “not conducted appropriately, is lacking in detail, evidence base and financial modelling”.
The group also argued that the resulting provision will be “discriminatory to certain groups of children and young people with SEND”.
In a letter sent to the Kent Association of Leaders in Education on 3 December, KsENT wrote: “It is with heavy hearts that we as KsENT Heads took the decision last week to instruct counsel in order to bring a claim in judicial review against the decision of KCC [Kent County Council] to proceed with the redesignation of special schools.
“We have also instructed counsel to review the process by which this was achieved as we feel the process has been lacking in detail, evidence and true collaboration.”
The letter continued: “As a group, we are united in our belief that the SSR [Special School Review] consultation was not conducted appropriately, is lacking in detail, evidence base and financial modelling, there has been little, or no work done towards properly preparing both Special Schools and Mainstream Schools for the changes proposed and the resulting provision will be discriminatory to certain groups of CYP with SEND."
A recent council report on the proposed changes noted that any of the changes to the special school provision in Kent would apply to admissions from September 2026, with “incremental change taking place year on year.”
A Kent County Council (KCC) spokesperson said: “On Thursday 21st November members of the Children, Young People and Education Cabinet Committee voted to endorse the proposed decisions to change the designation of up to seven of Kent's 24 state-funded special schools, and to introduce a new collaboration arrangement between special schools and mainstream schools. This followed the public consultation on our Special School Review.
“The Cabinet Member for Education and Skills has committed to awaiting the outcomes from the Scrutiny Committee, which has been conducting a focused inquiry into Kent’s SEND improvements, before he makes any final decisions on changes to designations of individual special schools.
“Each of the schools highlighted for a change in their designations will have their own project planning and decision-making process."
The spokesperson added: “We are aware of representations made by a member of KSENT. We continue to work constructively with school leaders, including leaders of special schools, to deliver on our reforms, which will enable children and young people to have the right education in the right place, and reach their full potential.”
Lottie Winson
