Bristol CC's decision to reduce its special educational needs budget by over £5million has been overturned after a successful judicial review brought by families affected. The Local Authority in this case reduced the budget for special educational needs without consultation and was thus found to be in breach of its public sector equality duty (s.149 Equality Act 2010) and its duty to keep education and care provision under review and consult children, young people and their parents when doing so (s. 27 Children and Families Act 2014). The decision to reduce the budget was made despite its draft corporate strategy identifying that achievement gaps for disadvantaged children in the city were high and widening, resulting in children with special educational needs not achieving their potential.
The implications of this case are such that local authorities must pay close attention to what the judge described as the 'heavy burden' of their wide ranging duties. Budget cuts are not simply a matter of balancing the books, but encompass far wider concerns and legal responsibilities.
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