Legal Challenge Leads to Successful Reversal of Cornwall Council's Decision to Cut Funding for Pencalenick School's SEND Boarding Facility

39 Essex Chambers’ barrister Steve Broach KC has successfully persuaded Cornwall Council at the pre-action stage to reverse a decision to cut over £500,000 in funding for the boarding facility at Pencalenick School, a special educational needs school with a residential provision for students with complex needs. 

The legal challenge highlighted key failures in Cornwall Council’s decision-making, including an insufficient consultation period, failure to meet statutory duties under the Children and Families Act 2014, and a lack of consideration for disabled pupils under the Equality Act 2010. Additionally, the council bypassed standard decision-making procedures by wrongly classifying the closure as a “non-key decision” despite its significant financial and social impact.

The successful challenge at Pencalenick sets a crucial precedent in holding local authorities accountable for their legal obligations to children with special needs.

39 Essex Chambers’ barrister Steve Broach KC was instructed by Watkins Solicitors. Further details of the case can be found on the Watkins website: here