Legal Victory Keeps Pencalenick SEND Boarding School in Cornwall Open for Vulnerable Pupils

Legal Victory Keeps Pencalenick SEND Boarding School in Cornwall Open for Vulnerable Pupils

Watkins Solicitors has successfully supported a legal challenge that resulted in Cornwall Council reversing its decision to close the residential provision at Pencalenick School in Truro – a vital service for children with Special Educational Needs and Disabilities (SEND) across the county.

The Council had intended to cease 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, our legal team issued a formal pre-action letter challenging the lawfulness of the decision. The initial draft of the letter was prepared by Emily Mitton, Trainee Solicitor in our International Family Law & Judicial Review department, and the case was led by our Judicial Review Solicitor, Gregg Burrough, in collaboration with leading barrister Steve Broach KC.

A Critical Lifeline for SEND Families

Pencalenick School provides a lifeline for pupils aged 11–18 with complex Special Educational Needs and Disabilities (SEND). 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.

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." Watch the full video here.

Why the Legal Challenge Was Made

Watkins Solicitors challenged Cornwall Council’s decision to stop funding the boarding provision at Pencalenick School on several legal 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. 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.
   
• Failure to Comply with the Public Sector Equality Duty: 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.

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.”

National Pressure on SEND Support: A Growing Crisis

This case highlights broader concerns around how Special Educational Needs and Disabilities (SEND) provision is being reviewed, funded, and delivered across the country. While pressures on local authority budgets are mounting, families are increasingly being left without the support they need. Recent reports reveal the depth of the issue:

• Employment Challenges for Parents:
  A national survey commissioned by Sky News and Support Send Kids found that three in four parents of children with SEND have been forced to give up work or reduce their hours due to a lack of appropriate support in schools and inflexible working conditions. Of those surveyed, 40% had to quit work entirely, and 33% had to cut their hours, putting many families under financial strain (Sky News, September 2024).
   
• Inappropriate School Placements:
  Councils have been accused of placing children with SEND in unsuitable schools to save money, often leaving children without the right support or in distressing environments. These placements are sometimes made without proper consultation or understanding of the child’s needs, forcing families into lengthy legal battles just to secure appropriate education (Sky News, December 2024).

How Watkins Solicitors Can Help

At Watkins Solicitors, we understand how overwhelming it can be for families to challenge local authority decisions—especially when those decisions directly impact a child’s education, wellbeing, and future. Our nationally recognised education law team is here to provide clear, practical advice and take decisive legal action where needed.

Whether you're facing issues around EHCP provision, school placements, or local authority delays, we can help you understand your rights and options.

If you believe your child’s education or support is at risk, please don’t wait. Contact our Education Law team today for expert guidance  info@watkinssolicitors.co.uk /  0117 939 0350

For media enquiries, please contact: Monique Burroughes mburroughes@watkinssolicitors.co.uk