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Kent council’s controversial special school inclusion plans shelved

Proposals to redesignate special schools amid accusations some 'turned away most complex pupils' faced legal threats
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England鈥檚 biggest council has shelved proposals as part of a new inclusion strategy to overhaul what it called “restrictive” special schools after legal threats from leaders.

The revamp was planned by as part of widespread reforms to provision for pupils with special needs following damning Ofsted inspections.

But this week鈥檚 announcement is a reminder of the potential challenges ahead for the government in its push to make schools more inclusive, without providing additional funding.

70% opposed plan

Kent, a safety valve council, planned a raft of changes to get its spending on pupils with additional needs under control. It was criticised by Ofsted previously for failing to tackle 鈥渁 lack of willingness鈥 among some schools to 鈥渁ccommodate鈥 children with SEND.

One of the more controversial proposals was to change the admission guidance and designated needs that some special schools cater for.

The authority hoped this would ensure pupils with more severe and complex needs could access places.

Seven schools鈥 designations would have changed under the plans. Most would change from catering for pupils with 鈥渃ommunication and interaction鈥 issues to those with 鈥渘eurodivergent and learning difficulties鈥.

Christine McInnes, Kent鈥檚 director of education, previously told Schools Week that a third of special schools 鈥渞eflect our selective system in secondary schools鈥 as they have 鈥渧ery, very restrictive admissions criteria鈥.

Council papers also noted that some special schools have been 鈥渢urning away the most complex pupils and in some cases recommending a mainstream school鈥.

Changes ‘won’t be implemented’

A consultation found 70 per cent of 1,350 respondents opposed the changes. Despite this, they were endorsed by a council committee towards the end of last year.

The decision was the subject of a legal challenge from parents supported by the Kent Special Educational Needs Trust (KsENT), which represents special schools in the region.

KsENT said the action was taken 鈥渋n response to serious concerns about the potential for discrimination as well as the quality and transparency of the process behind the proposed changes鈥.  

But a letter sent last week by the council鈥檚 legal representatives confirmed plans 鈥渢o commence the prescribed alterations process鈥 at the special schools will 鈥渘ot be implemented鈥.

The authority 鈥渋s considering the matter afresh鈥 and will settle 鈥渙n how to proceed once it has completed the further work and gathered the additional information it considers necessary鈥, the letter added.

‘Shuddering halt’

Former Kent headteacher and education adviser Peter Read believes this represents a 鈥渕ajor setback鈥 for the authority, bringing its special school review 鈥渢o a shuddering halt鈥.

鈥淚t is difficult to see what KCC now does next, as it remains under extreme pressure from the government to deliver on the safety valve requirements.鈥

Stephen Kingdom, of the Disabled Children鈥檚 Partnership, added the case shows “change is difficult, but what鈥檚 important is that authorities and government talk to parents and bring parents [and school leaders] along with them. Otherwise, you get in the position where you have to backtrack, which wastes time and resources.鈥

KsENT added 鈥渃hange is needed鈥, but it 鈥渕ust be on a basis of collaboration with meaningful involvement from those who lead, deliver and rely on special school education鈥 across the county.

It believes the decision 鈥減rovides a necessary pause鈥 and 鈥渟pace for better planning, co-production and, above all, decision-making鈥.

A Kent council spokesperson stressed the authority remains 鈥渃ommitted to ensuring there are the right school places to meet pupil need鈥.

It is working with three special schools 鈥渨ho are planning to expand their offer to children and young people with more complex needs鈥.

It is engaging with parents and leaders and this 鈥渨ill inform the decisions to be taken in due course on how to proceed鈥.

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