SEND Safety Valve: How families can challenge decisions with legal support

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The SEND (Special Educational Needs and Disabilities) Safety Valve scheme is a government programme initially designed to address the financial challenges faced by local authorities in providing adequate support for children with SEND. In practise, we have seen it negatively impacting families by limiting the provision available to them.

How the Safety Valve scheme works

The Safety Valve scheme focuses on local authorities with the largest or fastest-growing deficits in their SEND funding. In exchange for extra funding from the government, these councils agree to implement cost-cutting measures, which may include:

  • Limiting the number of Education, Health and Care Plans (EHCPs) issued
  • Increasing the inclusion of children with SEND in mainstream schools
  • Reducing or stopping support for some pupils with SEND
  • Targets for increasing the number of EHCP’s they cease each year

Through our work supporting families we have seen that such cost-cutting measures often lead to a reduction in essential support and services for children with SEND, potentially violating their legal rights.

Challenging decisions with legal support

Families with children with SEND who are negatively impacted by the Safety Valve scheme may be able to challenge decisions through legal means. Here’s how we can help:

If your local authority has refused to agree to an Education, Health and Care Needs assessment for your child or you believe that cost cutting measures have impacted on your child’s provision and ability to access an education then we can help you. The law on supporting children with SEND has not changed and local authorities should apply the law to each case before making a decision and those decisions should not be impacted by the safety valve scheme or cost cutting measures.

How we can help you and your child

If a local authority decision is unlawful or unreasonable, we can help you challenge it. We can also negotiate with your local authority on your behalf to ensure your child’s needs are met. Our education team has helped hundreds of families secure the right education for their children either through advice, negotiation or by representing them at the SEND Tribunal.

Call us today to have a free initial discussion with a dedicated member of our team on 0800 044 8488 or fill in our contact form so we can call you at a time convenient for you.

Expert Legal Help

Request a Call Back

If you would like us to call you back to discuss a potential claim, please complete the form below and a member of the team will call you at a time convenient to you. We are in your corner and ready to help. Alternatively, you can contact us by email.

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please note we will call back to help during office hours which are Monday to Friday 9am until 6pm