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Council cost pressures threaten SEND ‘safety valve’ reforms

Local authorities handed bailout cash warn they may fail to meet conditions as inflation and other issues bite
5 min read
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Cash-strapped councils have warned that inflation, staffing shortages and construction delays risk undermining a cost-cutting drive that is a key plank of major new SEND reforms.

Fourteen councils have been given 鈥渟afety valve鈥 bailouts totalling nearly 拢100 million to plug financial blackholes in their high-need budgets.

In exchange, to make their special educational needs and disability provision 鈥渟ustainable鈥, and report back to the government on their progress.

Reports from seven councils, obtained under freedom of information laws, show several warning that they might fail to meet their bailout conditions.

At least one recently predicted it would also miss deficit-cutting targets.

The 鈥渟afety valve鈥 programme was introduced last year as some councils鈥 deficits were so large that the government acknowledged 鈥渦rgent鈥 help was needed to put them on a sound footing before implementing widespread reforms, outlined in the SEND green paper.

The Department for Education has already temporarily withheld 拢2 million from two bailed-out councils earlier this year.

Other authorities鈥 circumstances remain opaque as the government refused to release reports, warning it might encourage councils to 鈥渄ownplay risks鈥.

Specialist schools hiking fees by up to 10%

Kingston in south-west London warned in June it would spend 拢740,000 more than allowed.

Neighbouring Richmond, which merged children鈥檚 services with Kingston, does not expect to breach overall deficit limits, but warned that it risked not hitting one commissioning savings target.

Together they warned that 40 state and independent specialist providers were hiking fees by up to 10 per cent.

Providers highlighted 鈥渃ost of living鈥 inflation, and teacher pension and health and care levy costs.

Such pressures come on top of regional place shortages 鈥渃reating probably the biggest threat to meeting the terms of the safety valve agreement鈥.

Dorset County Council said deficit reduction was 鈥渙n track鈥 this year, but inflation 鈥渕ay impact future performance鈥, as this is when 鈥渢he majority of fee changes happen鈥.

South Gloucestershire highlighted 鈥渟uccess鈥 curbing its deficit, and the number of independent and non-maintained placements.

But average weekly placement costs were up 6.4 per cent to 拢1,710, partly due to 鈥渋ncreased cost of living鈥.

鈥淓ven independent schools who were always OK for funding are having a huge drive to raise funds,鈥 said Laxmi Patel, a partner and SEND specialist at law firm Boyes Turner. 鈥淭he situation鈥檚 dire.鈥 Five councils said recruitment was making agreed reforms harder.

Schools cancel SEND contracts with council

Staffing shortages led ten independent schools to terminate contracts with South Gloucestershire council for particularly complex children last year.

Meanwhile South Gloucestershire told the government high vacancies in its own education health and care teams posed a 鈥渞isk to delivery of the safety valve deficit recovery plan鈥.

But a spokesperson said it was now 鈥渃onfident鈥 of filling them. Richmond and Kingston highlighted the 鈥渋nability to recruit鈥 therapists, psychologists, SEND case workers and teaching assistants.

It risked 鈥渁 struggle to deliver statutory duties in a timely manner鈥, and 鈥渋nsufficient capacity鈥 to drive reform. Staffing 鈥渞etention and capacity鈥 was top of York鈥檚 risk register, though the council told Schools Week its plans remained 鈥渙n track鈥.

Salford called speech and language therapy recruitment 鈥渃hallenging鈥.

Three councils also highlighted amber or red risk ratings over hitting targets on special school construction, urging the DfE itself to accelerate plans.

Tom Rees, the founder of learning disability charity Upsndowns and Ambition Institute executive director, said Schools Week鈥檚 findings showed 鈥渢he need for more wholesale reform and investment鈥 in SEND provision.

Attaching strings 鈥榥ot the solution鈥

Julia Harnden, a funding specialist at the school leaders鈥 union ASCL, said expecting council prudence was 鈥渞easonable鈥, but added: 鈥淎ttaching strings over cost pressures that are not in the power of local authorities to control is not the solution, and it risks damaging the provision needed by the most vulnerable children.鈥

But John Fowler, the policy manager at the Local Government Intelligence Unit, said it was 鈥淭reasury orthodoxy that you don鈥檛 give money for nothing鈥.

Harnden also called deals a 鈥渟ticking plaster鈥 for systemic issues. Staffordshire county council documents show it was not offered a bailout, despite reserves being 鈥渇ully depleted鈥 and its school budget deficit quadrupling last year to 拢8.6 million.

Jonathan Price, an education cabinet member in the county, said it was still seeking support, adding: 鈥淎ll local authorities need help.鈥

The DfE recently told Schools Week it was 鈥渘ot currently considering鈥 expanding safety valve beyond another 20 deals now under discussion.

Council documents reveal these include Barnsley, Blackpool, Bolton, Croydon, Devon, Doncaster, Hounslow, Isle of Wight, Kent, Lewisham, Medway, Norfolk, North Somerset, Slough and Southwark.

A DfE spokesperson said concerns in Richmond and Kingston had since been resolved, and councils were 鈥渂roadly鈥 on track to deliver against targets. 鈥淭he safety valve programme is working successfully.

As with all intervention programmes we are monitoring councils carefully, and we actively encourage them to flag all potential risks, but we remain confident that the councils involved will secure sustainable management of their high needs systems.鈥

She added that inflation was 鈥 global issue鈥, but the chancellor鈥檚 growth plan would help reduce it.

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