Two-Day Judicial Review Starts In The High Court

A judicial review into the legality of Surrey County Council’s plans to cut more than £20 million from its special educational needs budget is due to get underway today (Tuesday, 2 October).

Irwin Mitchell’s specialist Public Law and Human Rights team is representing the families of five children affected by the plans who believe the decision is unlawful on several grounds.

The legal experts and barristers Jenni Richards QC of 39 Essex Chambers and Stephen Broach, of Monckton Chambers, will argue that the council both failed to undertake a consultation with affected families and did not identify the impact cuts would have on children before making the decision.

Expert Opinion

“Our clients are deeply concerned about the decisions made by this council and believe the local authority has not complied with its legal obligations.

“The proposed cuts would impact significantly on some of the most vulnerable members of society. The parents have been left with little choice to bring this judicial review, as despite repeated pleas, the local authority has failed to enter into meaningful talks with them to find a solution which addresses their concerns.

“We appreciate that are difficult times for local government but cuts of this nature would only serve to create huge difficulty for disabled children and their families.” Anne-Marie Irwin - Senior Associate

Find out more about Irwin Mitchell's expertise in handling education law cases.

Background

The budget in question helps to fund a range of services, from school transport to provisions which ensure children with special educational needs can remain in mainstream schools. It is thought there are now 7,700 children in Surrey requiring education, health and care plans, while there have also been increases in the population of children with complex SEN across the past two years.

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 a 20-year-old son Edoardo, works full-time as a Project Management Officer.

Zoe, 15, 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 four-year-old requires one-to-one support when attending White Lodge Nursery in Chertsey. His mum is Sarah Jones.

Dominic Ferris, 15 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.