Cornwall Council “reviewing” decision to cease funding for residential provision at SEND school following launch of legal action by parent

Cornwall Council is reviewing its decision to close the residential provision at a school for children with Special Educational Needs and Disabilities (SEND), following a legal challenge.

The local authority had intended to cease funding for the boarding facility at Pencalenick School in Truro at the end of the 2024/25 academic year, following a three-week consultation in mid-2024.

However, the council was issued a pre-action protocol letter challenging the lawfulness of the decision.

Represented by Watkins Solicitors, a parent of two children at the school challenged the council’s decision on the following grounds:

• Insufficient Consultation: The council only gave the public three weeks to respond to its proposal - far too short for families of children with complex needs to understand, respond to, and challenge such a major decision, particularly when such a vulnerable community stood to be affected.

• Breach of Statutory Duties: By ending the residential provision, the council risked failing to meet its legal duty to deliver the support outlined in children’s Education, Health and Care Plans (EHCPs). For some pupils, this includes staying at school overnight during the week.

• Failure to Comply with the Public Sector Equality Duty (PSED): The council did not provide any evidence that it had properly considered how the closure would affect disabled children, even though it is legally required to do so under the Equality Act 2010. In this case, no Equality Impact Assessment was carried out, and the decision failed to take into account the disproportionate impact it would have on a vulnerable group of pupils and their families.

• Decision Process: The council wrongly classified the closure as a “non-key decision,” even though it involved £563,000 of public funding and had significant consequences for families across Cornwall. Under the council’s own constitution, decisions involving more than £500,000 or with county-wide impact must be treated as “key decisions” and approved by the Cabinet or the Leader of the Council. Instead, the decision was signed off by a senior officer without Cabinet involvement, bypassing the usual democratic process and public accountability.

The school, which offers residential provision for pupils aged 11–18 with complex Special Educational Needs and Disabilities, has been described as a “critical lifeline” for SEND families, allowing pupils “consistency of support through the week”.

In a statement, Cornwall Council revealed that following the legal challenge, the decision regarding funding for residential provision at Pencalenick School is “being reviewed”.

Gregg Burrough, Solicitor at Watkins Solicitors and lead on the case, said: “Cornwall Council’s original decision risked pulling away a vital lifeline from some of the most vulnerable young people in the county. We're incredibly proud to have helped reverse that – not only for our client’s children, but for every family who depends on this provision.”

Lottie Winson