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Surrey sees of SEND legal challenge

Surrey County Council has fought off a legal challenge over plans to cut £21m from its special educational needs budget.

The High Court ruled the council did not need to consult on its proposals for the special educational needs and disabilities (SEND) funding because it had only outlined possible savings.

The case had been brought by four mothers from the county who argued the decision was unlawful because the council would be failing to meet its statutory duty and would not meet its duty to be inclusive.

The High Court decided that although savings had been identified, no final decisions on exactly where they would fall had been made, so the council did not need to consult at this stage.

Lady Justice Sharp said: “What the council has identified is the potential for future savings.

“In those circumstances, the council could not know what the impact of cuts might be in those areas, or consult on them, because at the time the decision under challenge was taken, no cuts had been decided upon or worked out.”

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