CORNWALL Council has reversed it decision to cease funding a boarding facility at one of the county’s foremost special education schools following a legal challenge by a parent, according to solicitors.

The U-turn comes less than a month after concerns from parents about the “lifeline” being stopped.

Bristol-based Watkins Solicitors says it has successfully supported a legal challenge brought by a disgruntled parent which has resulted in Cornwall Council reversing its decision to close the residential provision at Pencalenick School, near Truro. Those who use the residential facility say is a vital service for children with special educational needs and disabilities (SEND) across the Duchy.

The council has issued a statement saying it’s “reviewing” the funding following the legal challenge. However, Gregg Burrough, solicitor at Watkins Solicitors and lead on the case, said he has been told by the local authority that there is no decision to challenge.

Mr Burrough added: “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.”

The decision to cut the boarding provision was approved by the current Conservative administration. Following the May 1 council elections, a new administration may decide to revisit the consultation or decide it should remain dead in the water.

The council had intended to cease £563,000 funding for the boarding facility at the end of the 2024/25 academic year, following a brief three-week consultation in mid-2024. However, after being instructed by a parent of two pupils at the school, the company’s legal team issued a formal pre-action letter challenging the lawfulness of the decision.

A spokesperson for the solicitors said: “For many students, the residential provision is a vital part of their development, supporting independence, social skills, and emotional wellbeing.

“In their own words, pupils describe how boarding allows them to ‘make new friends’ and ‘feel like they actually belong’. One young person explained that staying overnight helped them gain confidence, build a routine and connect with others in ways that simply weren’t possible at home, where friends live far away or school transport takes hours each day.”

They added: “The consistency of support through the week enables students to focus on their learning and personal growth without the disruption of long daily travel or isolation. Boarding gives these pupils not just access to education, but to community, connection and crucial life experiences – opportunities many said they would lose without the residential element.

“For students who already face significant barriers in everyday life, the boarding provision at Pencalenick helps them feel seen, supported and empowered. As one pupil put it, ‘I’m glad the school gave me this opportunity, because it’s a big thing… it’s very important, and I know that now’.”

In March we reported how Guy Chappell, CEO of the Special Partnership Trust which runs Pencalenick, wrote to parents stating: “Cornwall Council has, at long last, made a decision regarding the future of the residential provision at Pencalenick School. I’m afraid it is not a positive one. The council has decided to cease funding the residential provision at Pencalenick School effective from September 1, 2025.

“This decision means that the residential services currently provided will no longer be available after this date. This is incredibly disappointing news – for the children, families and staff who have been part of this valued provision. It is particularly frustrating given that Ofsted recently recognised the staff as ‘absolutely brilliant’.

“Throughout this process, we have raised concerns about how the consultation and decision-making have been handled. We do not see this as a strategic decision but rather a short-term financial one – one that will have a significant impact on SEN provision across Cornwall now and in the future.”

Martyn Selley, whose son Harry stays at the school, said he was “disgusted” by the council’s original decision to cut the funding. He added in last month’s report: “We are truly disgusted that a thorough review has not been conducted and that this decision has been made without full consultations of the parents or the general tax-paying public.”

Kris Stephens, of Fowey, who has a daughter who also stays at the school, told us he was taking legal action. He said: “It offers the children the chance to come away from Pencalenick with life skills and independent living skills. If the children didn’t have that they’d be going through the social care system, which we know is completely broken and not fit for purpose.”

Watkins Solicitors challenged Cornwall Council’s decision to stop funding the boarding provision at Pencalenick School on several legal grounds:

“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.”

“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. This duty is set out under Section 42 of the Children and Families Act 2014, which requires local authorities to secure the special educational provision specified in an EHCP.”

“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.”

“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.”

A spokesperson for Cornwall Council said: “Following a legal challenge, the decision regarding funding for residential provision at Pencalenick School is being reviewed.”