A High Court review has started regarding Bristol’s secret bailout deal for schools, raising concerns about parental consultation.
Bristol: A High Court battle is underway about a secret bailout for schools. The deal was made without informing parents. Barristers argue that parents should have been consulted about how it affects their kids.
The judicial review started on January 28 and will last two and a half days. The government agreed to forgive £53 million of Bristol’s growing budget deficit.
Parents and the public were kept in the dark before the council approved the deal last year. A Bristol law firm, Watkins Solicitors, is leading the review. A similar deal in Devon is also facing legal scrutiny.
Steve Broach KC, representing the claimants, told the judge that many councils overspend not due to mismanagement but because of rising demand for support for disabled children. Government funding hasn’t kept pace.
This creates a tough situation for local authorities. They must provide support, leading to a national crisis in special education needs (SEND). The Department for Education’s £53 million aid comes with conditions for Bristol to manage its spending better.
Broach mentioned that this means fewer kids in specialist schools and more in mainstream ones. There are 38 councils with similar deals, and 16 are struggling to reduce their deficits.
The government may need to step in to tackle this issue nationwide. To clear its deficit by 2029, Bristol would need to cut special needs spending by 25%. That’s £10 million less in 2029-30 compared to 2023-24.
Parents should have been consulted about these changes, Broach argued. He emphasized that consultation should happen early in the process.
Despite the bailout, Bristol still faces a £52 million deficit this March, even with government help. Former Labour mayor Marvin Rees claimed the government stopped the council from discussing the bailout publicly, but the Department for Education disagreed.
The hearing also involves Devon County Council, which has a similar bailout deal. This deal aims to balance the budget by focusing on early intervention and support in mainstream schools.
Broach noted that Devon’s deal requires a 20% spending cut over nine years. It also aims to limit the number of education, health, and care plans, affecting disabled children significantly.
A report for Devon’s council lacked crucial information about the necessary cutbacks. It also failed to assess how disabled children might be impacted by moving away from specialist schools.
On the first day of the hearing, Bristol and Devon’s councils had not yet presented their arguments. The judge is expected to take time before making a decision, with a written judgment to follow in a few weeks.
