We, the undersigned, strongly oppose Bolsover District Council’s decision, confirmed at the Planning Committee meeting on 14 May 2025, to treat Special Educational Needs and Disabilities (SEND) contributions as less critical than primary and secondary education contributions in the Section 106 (S106) agreement for the Clowne Garden Village planning application.

This decision undermines the vital importance of SEND provision and risks breaching the Equality Act 2010, which requires public authorities to eliminate discrimination and advance equality of opportunity for individuals with disabilities.

SEND funding is essential to ensure that children and young people with special educational needs and disabilities receive the support they need to thrive, as mandated by law and fairness.

By prioritising primary and secondary education contributions over SEND in the S106 agreement, Bolsover District Council is reducing critical funding for vulnerable residents, potentially denying them equal access to education and opportunities.

We believe this approach fails to comply with the council’s Public Sector Equality Duty under Section 149 of the Equality Act 2010, which requires due regard to the needs of those with protected characteristics, including disabilities.

We call on Bolsover District Council to:

1. Revise the Clowne Garden Village S106 agreement to ensure SEND contributions are given equal priority and funding as primary and secondary education contributions.
2. Conduct a thorough Equality Impact Assessment to demonstrate compliance with the Equality Act 2010, addressing the impact of reduced SEND funding on children and young people with disabilities.
3. Publicly commit to upholding the Public Sector Equality Duty by ensuring all future S106 agreements prioritise SEND provision on par with other educational needs.
4. Engage with residents, SEND advocates, Derbyshire County Council and stakeholders to review and rectify this decision, ensuring transparency and accountability.

The council’s claim that their approach is legally sound is unacceptable without clear evidence that the needs of SEND children have been fully considered. Reducing SEND funding through the planning system discriminates against those who rely on these services and erodes public trust in the council’s commitment to equality.

We demand that Bolsover District Council act immediately to prioritize SEND funding equally, uphold the Equality Act 2010, and ensure no child is left behind in Clowne Garden Village or across the district.