FAMILIES of children with special educational needs (SEND) have lost their High Court legal challenge opposing Surrey County Council’s decision to reduce its budget by £11 million.

The claimants, represented by law firm Irwin Mitchell, include Alice Hollow and her son Kian from Farnham. They are now considering whether to go to appeal.

The parents of five children, who mounted the challenge, argued that Surrey County Council had failed in its statutory duty to carry out consultation into cuts adopted by cabinet councillors to SEND services at a meeting on March 27 last year.

However, in a ruling last Friday Lady Justice Sharp said the budget identified how savings might be made, but no cuts had been decided upon or worked out and therefore there was no duty to consult at that stage.

Anne-Marie Irwin, senior associate solicitor at Irwin Mitchell, said: “The decision to take this case to the High Court was one that was not taken lightly. We feel that we put forward very strong legal arguments on behalf of the families as to how they believed they would be severely affected by the county council’s plans.

“Shortly before the hearing, Surrey County Council conceded that it would not make any changes to SEND services and that it estimated a spend of around £4m more than its budget had anticipated during the 2018/19 financial year – a significant result for the families who brought this case.

“However, the council was clear that it still intended to make the cuts in future financial years, meaning that the families had no real option but to fight on to the hearing.

“While the families would like to thank the judge for thoroughly examining their case, they are now considering whether to apply for permission to appeal.

“This case does not mean that future decisions to cut budgets and services cannot be challenged – each case must be considered on its facts. It is important that families seek legal advice as quickly as possible if they are concerned about the impact of a decision or policy by a public body.

“What this case and other cases around the country have highlighted is that cuts to SEND budgets and services are causing a great deal of distress to tens of thousands of families. It is an issue which is likely to become of increasing concern as the new financial year, during which local authorities face continued budget cuts, approaches.”

Julie Iles, Surrey County Council’s cabinet member for all-age learning, said: “We’re pleased the court has confirmed our approach was appropriate but we recognise the case has been difficult and sensitive for the families involved. We’re investing in the services provided to children and young people and our focus has always been on working with families to improve what is offered.

“Our aim is to give families the support they need at the earliest possible opportunity which will offer children and young people the best chance to thrive, ensuring that no one is left behind.”

Last Friday’s verdict follows a two-day judicial review held at the Royal Courts of Justice that concluded in October last year, with judges reserving judgement for a later date.