London borough discontinues claim against county council in long-running SEND and social care dispute

Croydon Council has discontinued a judicial review claim brought against Surrey County Council following a dispute between the authorities over a family with high social care and special educational needs (SEN) costs.

According to barristers’ chambers 11KBW, the family concerned had cost Croydon around £375,000 a year in social care and SEN provision.

In early 2021, Croydon bought a house for the family in Surrey, and notified Surrey County Council that as the family were now resident in their area, Surrey was responsible for covering the social care and SEN costs.

In August 2024, Surrey issued a final decision letter refusing to pay and invited Croydon Council to challenge it.

In response, Croydon issued a judicial review claim against that refusal letter.

Surrey filed Summary Grounds of Defence arguing that Croydon’s purchase of the house was an “unlawful abuse of its statutory powers”.

The London borough has discontinued its claim, and will pay Surrey’s legal costs.

A spokesperson for Croydon Council said: “Croydon Council’s decision to discontinue the proceedings was based on the need to resolve the dispute and avoid escalating legal and other associated cost.

“The legal arguments on the case were never adjudicated upon and there were no findings made by the Administrative Court. Croydon’s position was that it acted lawfully in the decision to purchase the property in Surrey. This remained the position at the point when proceedings were discontinued.”

Andrew Sharland KC and Oliver Jackson of 11KBW acted for Surrey County Council.

Lottie Winson