红桃影视

Special schools have threatened England鈥檚 largest council with legal action unless a proposed new inclusion strategy that they say will 鈥渉arm鈥� pupil outcomes and 鈥渄ismantle鈥� successful provision is ditched.

Council plans to implement widespread reforms to provision for pupils with special needs following damning Ofsted inspections.

Mainstream schools are to be more inclusive and high-needs spending brought under control.

Senior councillors last week 鈥渆ndorsed鈥� one part of the plan to change admission guidance and the designated needs that some special schools cater for.

This is to ensure pupils with 鈥渟evere and complex鈥� needs get allocated a special school place from September 2026.

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�.

Plan to change seven schools’ designations

Seven schools鈥� designations would change 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�.

A recent consultation found 70 per cent of 1,350 respondents opposed the changes. But they were endorsed by a council cabinet committee on Thursday last week.

Now, the Kent Special Educational Needs Trust (KsENT), which represents special schools in the region, has written to the council to threaten legal action.

鈥淪hould the proposals continue to progress, KsENT will be instructing counsel to consider bringing a claim in judicial review against both the consultation and the decision itself,鈥� the letter, seen by Schools Week, states.

It鈥檚 understood funding of any potential judicial review would be shared by 24 schools.

Move shows challenge for government

The move is a stark example of the potential challenges ahead for the government in its push to make schools more inclusive, without providing additional funding.

Kent said that admission guidance for 鈥渃ommunication and interaction鈥� schools currently 鈥渆xcludes those who are not attaining within two years of their chronological age鈥�.

This means some pupils missing out on places are 鈥渂eing failed by the current system and will directly benefit from the recalibration how existing provision is used鈥�.

One head, who wished to remain anonymous, said opposition from the schools was 鈥渄eeply disappointing鈥� and just an 鈥渁ttempt to cling on to the children they serve 鈥� who should really be in mainstream鈥�.

But KsENT, in the letter also sent to the Department for Education, said the proposals were 鈥渄eeply flawed鈥�. They claim the consultation was 鈥渦nlawful鈥� and engagement with schools 鈥渄isingenuous鈥�.

Arguments include that the plan would mean special schools no longer catered for pupils who have physical or mental impairments, but who did not have learning difficulties.

They say this will lead to parents instead requesting costly independent special schools 鈥� something the council is trying to cut down on after its costs on such provision soared to 拢67 million in 2022-23.

‘Very disappointing’

Simon Beamish, the chief executive of the Leigh Academies Trust, which runs one of the special schools, said it was 鈥渧ery disappointing鈥� Kent was going ahead.

The trust was working with KsENT on 鈥渢he legality of this plan鈥�, with the 鈥減ossibility of a judicial review鈥�.

Consultation documents show parents had a 鈥済eneral lack of confidence鈥� in mainstream schools to meet their child鈥檚 needs, with fears they may 鈥渇all through the gaps鈥� when designations change.

But Kent said there was 鈥渃lear evidence鈥� many mainstream schools were successful in helping these youngsters. Changes were also part of a broader transformation programme, including more schools setting up specialist resourced provision.

Changes would also 鈥渋mprove accessibility鈥� so pupils could stay in their local communities.

In response to concerns that specialisms would be 鈥渄iluted鈥�, Kent said special school staff were experts in adapting curriculums, assessing individual needs and monitoring progress.

It expected schools to work together 鈥渢o develop their knowledge and skills on specific interventions they may or may not have experience of previously鈥�.

‘Working constructively’

Kent said changes would apply to youngsters placed in special schools from September 2026 onwards, with changes introduced incrementally.

Pupils already in special schools would have their needs and suitability of placements considered in the annual education, health and care plan reviews.

Councillor Rory Love, Kent鈥檚 education lead, is awaiting the outcomes from a scrutiny committee inquiry on SEND improvements before making any final decisions.

The council would also need to publish a statutory notice of changes, triggering further public engagement.

A Kent spokesperson said they were 鈥渨orking constructively鈥� with school leaders. The reforms 鈥渨ill enable children to have the right education in the right place, and reach their full potential鈥�.