A council wants courts to take financial health into account when deciding if authorities are breaking the law over refusals to provide vulnerable pupils support. Norfolk County Council is one of 38 councils getting a slice of 拢1 billion government funding under the safety valve scheme to bring down deficits on high needs budget, which pay for special needs support. Its agreement was suspended this year, due to missing targets. It has now submitted a revised plan that includes recommendations 鈥渄esigned to prompt discussion with the DfE and lead to sustainable changes鈥�.聽 The council a trial where judges making decisions in SEND tribunals 鈥渕ust take account鈥� of safety valve agreements. Currently, the tribunal only looks at how the law has applied on education, health and care plan (EHCP) decisions by councils. On school placements, judges can look at whether a council’s decision is an 鈥渆fficient use of resources鈥�, but it does not look at the wider finances of the authority. Stephen Kingdom, campaign manager at the Disabled Children鈥檚 Partnership, said they were 鈥渁lready concerned that safety valve agreements are forcing local authorities into unlawful actions; this appears to be a proposal to legitimise unlawful practice by tying the tribunal鈥檚 hands鈥�. The council said the government could trial loosening rules requiring councils to seek an educational psychologist鈥檚 advice when undertaking an EHCP assessment. It also wants a pilot looking at bandings and tariffs for independent special schools linked to state-funded special schools.聽 The council suggested a 鈥渄irect link between average costs and 鈥榞ood/outstanding鈥� Ofsted ratings for all new placements鈥�.聽