High Court hears judicial review challenge over cuts by Hackney to SEN funding

The High Court is this week hearing a judicial review challenge brought by four families over Hackney Council’s decision to reduce its spending on special educational needs.

Anne-Marie Irwin, an Associate Solicitor at Irwin Mitchell who is acting for the claimants, said: “The families are hugely concerned by the steps taken by this council and feel they do not ensure that each child will receive the support they need.

“These children are among the most vulnerable members of society and it is clear that a review is needed to ensure they get the help they require. As we have said all along, we would ask the council to speak to the families and rethink its proposals which we feel will only do more harm than good.

“We appreciate that local authorities face significant budget challenges but they still have a duty to ensure all decisions comply with the law.”

The High Court is hearing the case over two days (31 October and 1 November).

It will examine Hackney’s banded system for funding support in this area. The hearing will also determine whether the authority’s decision to change the format of its Education, Health and Care (EHC) Plans should be regarded as unlawful.

According to Irwin Mitchell, the council allocates funding to meet the needs of children with SEN using five bands, “rather than tailoring the level of funding to the specific needs of each child”. The amount of each band was reduced by 5% earlier this year, the firm said.

The families’ legal team will argue that this step was taken without consultation with those affected. It will also submit that, under this system, there is no guarantee each child will get the funding to which they are entitled by law.

In relation to the EHC plans, the claimants will argue that the changes made do not meet legal requirements “and ultimately mean young people will not get the support they are entitled to”.

Judgment is meanwhile awaited in a judicial review challenge brought against Surrey County Council’s cuts to SEN funding. Irwin Mitchell is also advising the claimants in that case.