Three judicial review cases have been launched against councils that have recently entered controversial safety valve agreements, heaping more pressure on the government鈥檚 key SEND policy. Devon is facing two challenges while lawyers have lodged a case against the council in Bristol. All are awaiting permission from judges to proceed. Both councils signed multi-million pound safety valve agreements earlier this year, joining 36 other councils with gaping high needs funding deficits.听 In return for bailouts, the councils must make sweeping cuts to their SEND provision to bring down spending. Law firm , acting on behalf of a child, said there were 鈥渟erious concerns about the lawfulness鈥� of the safety valve agreements.听 Schools warn of exclusions spike after sudden SEND budget ‘cut’ Those concerned said the deals 鈥渁mount to binding commitments by local authorities to make cuts to SEND provision in such a way that may undermine their ability to comply with their legal duties鈥� to meet youngsters鈥� SEND needs. The lawyers argue that Devon鈥檚 decision to enter the programme was 鈥渋rrational鈥� and that it breached section 149 of the Equality Act 2010, which requires public bodies to consider the impact of any decision on people with protected characteristics. The firm said the child鈥檚 parent is concerned that 鈥渟ignificant reductions to its SEND spending have not been properly considered and may result in their child鈥檚 needs and the needs of other children and young people in Devon not being met鈥�. In exchange for 拢95 million over nine years, Devon must improve 鈥渋nclusive capacity鈥� in mainstream schools and improve data use to 鈥渕ake informed decisions about how the council spends money鈥� to support children with SEND. ‘Sparse details’ Rook Irwin said the council had also stated it will 鈥渕itigate鈥� its SEND spend by 鈥渞educing its reliance on independent specialist provision鈥�. However, the council has 鈥減rovided sparse details about how these measures will be implemented in practice and what the impact on children鈥� will be. Meanwhile, Watkins Solicitors is cases in both Devon and Bristol over the councils鈥� decision to enter the programme. Bristol is set to receive 拢53 million over seven years. It has pledged to enhance early intervention, outreach and school improvement to 鈥渆nable increased numbers of children and young people with EHCPs to be successfully supported in mainstream settings鈥�. A Devon spokesperson said: 鈥淲e are aware of the application and will cooperate fully with any subsequent legal process.” Bristol and the Department for Education have been approached for comment. Earlier this year, Bournemouth, Christchurch and Poole council faced legal action from parents over its safety valve negotiations. However, the council鈥檚 15-year plan was rejected by ministers.听 As well as being controversial, it is not clear whether the bailouts are working as intended. Schools Week听reported this month that more than a third of safety-valve councils face bankruptcy, despite being set to receive more than 拢1 billion in government bailouts before the end of the decade. In 2020, the government overrode standard accounting rules, letting councils keep dedicated schools grant (DSG) deficits off their general revenue books, which enabled them to set overall balanced budgets. That override is set to end in 2026, after which it was hoped that councils would have eradicated these deficits. Stoke-on-Trent council, for instance, said it was facing 鈥渁 risk of section 114 [meaning it could not balance its budget] due to pressures and demands across all of children鈥檚 services鈥�. It was 鈥渘ot on track鈥� to balance its DSG deficit by 2025, as agreed in its safety-valve deal, with its officers in 鈥渃onstant dialogue with the DfE鈥�. It is estimated that councils鈥� high needs deficits sit at around 拢1.6 billion.