Irwin Mitchell Issue Application For Judicial Review On Behalf Of Families

Families fighting a council’s plan to slash more than £20 million from services for disabled children have asked specialist lawyers at Irwin Mitchell to officially lodge a legal challenge against the decision.

The law firm’s Public Law and Human Rights team, which has successfully challenged other cuts to local authority budgets across the country, has applied to the High Court to take Surrey County Council’s decision to reduce its schools and special educational needs and disabilities (SEND) budget to judicial review.

Expert Opinion

The families are understandably upset and angry at the county council’s stance with regards to the proposed cuts which we are concerned will impact vulnerable disabled children across Surrey.

“We consider that the decision is unlawful because the local authority did not undertake a consultation with those families whose lives will be severely affected by the decision to withdraw vital funding.

“It is also worrying 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.

“The families call on the council to reconsider its position and engage with the families to find a solution rather than ignoring their concerns.

“We recognise the very severe financial parameters local authorities across the country are facing but councils still have a duty to ensure spending decisions affecting frontline services are lawful.” Anne-Marie Irwin - Senior Associate

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.

Background

Irwin Mitchell has been instructed to act on behalf of five children – Kian Hollow, Dominic Ferris, Zoe and Sean Butler and Kyffin Carpenter. 

Kian, 14, has Autistic Spectrum Disorder, ADHD anxiety and speech and language difficulties for which he receives specialist therapy sessions.

Kian, who lives in Farnham, relies on council-funded transport to take him to school in Roehampton because his mum Alicia, 44, who also has a 12-year-old daughter Bella, and son, Edoardo, 20, works full-time as a Project Management Officer.

Zoe, 14, and Sean, 12, from Guildford, have both been diagnosed with autism, and attend schools which are 21 miles apart. Zoe boards at Limpsfield Grange in Oxted while her brother relies on daily transport to take him to the council-maintained Linden Bridge, in Worcester Park. Their mum is Debbie Butler, 42.

Kyffin, from Sunbury, has a rare neuromuscular condition which affects his mobility, feeding and he communicates via signing. The three-year-old requires one to one support when attending White Lodge Nursery in Chertsey. His mum is Sarah Jones.

Dominic Ferris, 14, has a diagnosis of Autistic Spectrum disorder with traits of Pathological Demand Avoidance. He is supported at his specialist school by a mentor who works with him to reduce his severe anxiety levels. Dominic relies on council funded transport to take him to his school in Roehampton, where he has benefitted immensely from services and provisions such as tailored curriculums and as a result he has been able to access mainstream after-school activities such as Explorer Scouts and Cadence Marching Band. His mum is Catriona Ferris.
 
Irwin Mitchell has instructed specialist barristers Jenni Richards QC of 39 Essex Chambers and Stephen Broach from Monckton Chambers to advise on the case.

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