Special Educational Needs spark off several legal challenges

TCI commentary:

Changing arrangements for funding Special Educational Needs and Disabilities (SEND) are proving controversial. The Education Select Committee has just launched a major Enquiry and now there are three legal challenges in the pipeline – in Hackney, Bristol and Surrey.

Permission has now been granted for campaigners against proposed budget cuts affecting SEND services in Surrey. Six years ago, the Council lost a High Court case over changes to its Libraries ( The Williams & Dorrington case), failing to persuade the Court that is had observed the S.149 provision to have ‘due regard’ under the 2010 Equality Act.

Below is the statement published by Irwin Mitchell who are now bringing forward the case – which will be heard later this summer, and which may raise very similar issues.

Article:

Families are to step up their fight against a council’s plans to cut £20 million from services for disabled children after the High Court granted them permission to challenge the lawfulness of that decision.

Specialist lawyers from Irwin Mitchell, acting on behalf of parents, will now have their case against Surrey County Council’s plans to reduce its schools and special educational needs and disabilities (SEND) budget heard in full.

Expert Opinion

We have said all along that the county council has misunderstood its legal obligations and failed to lawfully consult with some of the most vulnerable members of society who will be adversely affected by these proposals.

“We are pleased that the High Court has recognised the need for a full legal review of the county council’s plans to be held. However, despite this we would once again urge the local authority to reconsider its decision and enter into constructive dialogue with the families on how best to find a solution. We appreciate the severe financial burdens that public services face but this issue will not go away.”

Anne-Marie Irwin,Associate Solicitor

Irwin Mitchell’s Public Law and Human Rights team, which has successfully challenged other cuts to local authority budgets across the country, has said Surrey’s plans are unlawful because the local authority did not undertake a consultation with affected families.

It has also raised concerns that when the council made the decision it had not identified which special educational needs and disability services it would target to cut funding. This raises the question of whether officers who drew up the proposals had any idea as to where potential savings could be made and so how this would impact families.

Surrey County Council intends to reduce its schools and special educational needs and disabilities (SEND) budgets by over £20 million. They fund services such as school transport and provisions for children with special educational needs to stay in mainstream schools.

The local authority has admitted that there are now 7,700 children in Surrey requiring education, health and care plans, an increase of 44 per cent over the last eight years and that the last two years have seen increases in the population of children with complex SEN of 19 per cent and 13 per cent, while there was a seven per cent reduction in funding per pupil over the same period.

A two day judicial review is now expected to be held later this summer at a date to be confirmed.

 

Article originally appeared on Irwin Mitchell

The Institute cannot confirm the accuracy of this story or confirm that it presents a balanced view. If you feel this is inaccurate we would welcome your perspective and evidence that this is the case.

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