Critics have accused County Hall of being "disingenuous" after cutting £1m in disability support while also spending nearly the same figure on lawyers for legal challenges it has mostly lost.

It is the latest attack against the Conservative-controlled Norfolk County Council following revelations it has spent £900,000 on legal fees in 2023 to defend decisions relating to children with special educational needs.

Last Monday, leader Kay Mason-Billig claimed the authority had no other choice but to lower the amount of income support (Minimum Income Guarantee) it provides people who receive home care.

It is part of efforts to find £60m in savings and avoid bankruptcy.

Maxine Webb, independent county councillor for Wensum wardMaxine Webb, independent county councillor for Wensum ward (Image: Newsquest)

But Maxine Webb, an independent county councillor, has been left angered by this justification, arguing lawyers are being given a "blank cheque" to fight parents' appeals over school placements for youngsters with special educational needs and disabilities (SEND) at the same time.

This is despite NCC losing 80pc of the cases that went before judges.

County Hall in NorwichCounty Hall in Norwich (Image: Newsquest)

"On the one hand, they are saying they have no choice but to cut income for disabled people but on the other, they appear to be giving lawyers a blank cheque," said Ms Webb.

"It is a huge amount of money they are essentially giving away, causing real misery and stress for families in the process.

"What message does this give to these children, who will grow into adults and be at the mercy of the social care system?

"It is disingenuous."

Questions have been raised over the amount Norfolk County Council is spending on legal challenges Questions have been raised over the amount Norfolk County Council is spending on legal challenges (Image: PA)

 

BLANK CHEQUE?

The amount NCC is spending on legal costs was a hot topic at the recent cabinet meeting where the disability cuts were agreed.

Several councillors submitted questions calling for more clarity about how it budgets for these fees.

Labour MP Terry Jermy, who is currently continuing in his county councillor role, said he was "very concerned" about the amount of money spent on funding "legal challenges against the most vulnerable".

Andrew Jamieson, cabinet member for financeAndrew Jamieson, cabinet member for finance (Image: Newsquest)

It follows confirmation from Andrew Jamieson, cabinet member for finance, that NCC spent £166,141 on lawyers during a high court battle in 2020 when a previous move to lower MIG payments was branded "discriminatory". 

It also paid out £1m to reimburse those affected by the changes between 2019 and 2021. 

Following the latest decision, a fresh legal challenge could be launched.

A spokesman for NCC said: “The decision we have taken on the MIG was difficult, but we believe it to be legally robust.  If a legal challenge is brought forward our internal legal team would lead on any response and, if required, we would supplement their expertise with external legal representation. 

"It is likely that costs would be similar to those experienced in previous legal challenges."

Alison Thomas, cabinet member for adult social care, insisted that the changes are "not unlawful or discriminatory" and that the move means the MIG payments will be in line with the government's national policy.

Norfolk County Council paid lawyers £900k to defend decisions over school places for children with special educational needsNorfolk County Council paid lawyers £900k to defend decisions over school places for children with special educational needs (Image: PA)

 

SCHOOL PRESSURES

NCC has said while it tries to avoid tribunals, it is facing increasing demand for SEND placements in schools but the special places are not available to meet this, leading to a rise in appeals - a national issue that has led to calls for reform of the system.

The latest figures from NCC show 955 children currently undergoing consultations with special schools in Norfolk. 

It has invested £120m in new specialist school provision in an effort to create 2,000 extra places for children and young people.

Supporting inclusion in mainstream schools is also a "key part" of the strategy.

Penny Carpenter, Norfolk County Council cabinet member for children's servicesPenny Carpenter, Norfolk County Council cabinet member for children's services (Image: Norfolk Conservatives)

“We continue to press the government on reforming the education system so that it is more inclusive of children with special educational needs," said Penny Carpenter, cabinet member for children's services.

NCC's legal payouts for SEND tribunals are to undergo a "deep dive" review by members of the People and Community Committee at the next meeting.