High Court Reviews ‘Safety Valve’ Agreements: Implications for Disabled Children

High Court Reviews 'Safety Valve' Agreements: Implications for Disabled Children

This week, the High Court is examining legal challenges against ‘safety valve’ agreements made between Devon County Council, Bristol City Council, and the Department for Education (DfE). These agreements are designed to address overspending in special educational needs (SEN) budgets. The claims, brought on behalf of disabled children with Education, Health and Care Plans (EHCPs), allege that the councils failed to comply with the Public Sector Equality Duty under s149 of the Equality Act 2010.

Understanding Safety Valve Agreements

Safety valve agreements are arrangements between individual local authorities and the DfE. Under these agreements, the DfE provides financial assistance to local authorities that have overspent on their SEN budgets. In return, the authorities commit to plans aimed at bringing their spending back within budget over time. For instance, Slough Council entered into such an agreement covering the financial years from 2022-23 to 2026-27, outlining steps to control and reduce their cumulative deficit.

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The Public Sector Equality Duty (PSED) Explained

Section 149 of the Equality Act 2010 details the Public Sector Equality Duty, which requires public authorities to consider how their policies or decisions affect people protected under the Act. Specifically, authorities must have due regard to the need to:

• Eliminate discrimination, harassment, victimisation, and any other conduct prohibited by the Act.
• Advance equality of opportunity between persons who share a relevant protected characteristic and those who do not.
• Foster good relations between persons who share a relevant protected characteristic and those who do not.

Protected characteristics under the Act include age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

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Definition of Disability Under the Equality Act 2010

The Equality Act 2010 defines a person as having a disability if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. This definition is crucial in determining who is protected under the Act and ensures that individuals with significant and enduring impairments receive legal protection against discrimination.

Concerns Raised

The legal challenges argue that the councils did not adequately assess the impact of the safety valve agreements on disabled children, potentially breaching the PSED. For example, in the Devon claims, it is contended that the council failed to conduct sufficient inquiries before entering the agreement, leading to concerns about the potential negative effects on children with special educational needs and disabilities (SEND).

As these cases proceed, they highlight the importance of ensuring that financial decisions by public authorities do not compromise the rights and needs of vulnerable groups, particularly children who are disabled and have special educational needs.