Soaring numbers of parents are challenging Norfolk council bosses over education of children with special needs, with lawyers paid almost £500,000 a year to defend County Hall's decisions.

Parents are increasingly challenging the council's decisions over school placements of children with special educational needs and around education, health and care plans (EHCPs).

More than 60pc of those who have taken the council to independent tribunals this year have been backed by judges, who said Norfolk County Council got decisions around their children wrong.

Eastern Daily Press: Norfolk County Council's Martineau Lane headquartersNorfolk County Council's Martineau Lane headquarters (Image: Mike Page)

EHCPs are legally binding documents which describe the special education, health and care needs of children relating to their disability - and what help and support the council will give them.

Often the disagreement will be over whether the child goes to a mainstream school or a specialist one.

New figures show the number of tribunal applications lodged - because parents are not happy with the council's decisions over their children - are increasing year by year.

Last year, there were 237 applications. So far this year, there have been 182 - up 10 on this time last year. In 2015/16, there were only 46.

The key reason for tribunal appeals was because parents disagreed with the school the council decided their children should go to.

In 83pc of cases, the appeal did not end up going to a full hearing, partly because of mediation between the council and parents.

But of those which did, judges found in favour of parents in 61pc of cases. Twelve per cent were dismissed and 27pc partially allowed.

Councillors raised concerns at a meeting of the council's people and communities select committee on Tuesday (July 12).

Eastern Daily Press: Michael Bateman, assistant director in children's services at Norfolk County CouncilMichael Bateman, assistant director in children's services at Norfolk County Council (Image: Archant)

But Michael Bateman, assistant director for SEND (special educational needs and disabilities) strategic improvement and early effectiveness at the council, said: "It is not the case, that this means that we disagree fundamentally with parents on all occasions regarding special school ‘vs’ mainstream, rather that whilst we agree special school is needed we have a difference of opinion regarding the specific school."

Mr Bateman said £120m was being spent on new SEND schools and specialist resource bases for children with special needs.

Two have been built in Great Yarmouth and Fakenham, while another is planned at Easton.

Eastern Daily Press: How the proposed special needs leaning and cognition school in Easton could look, via indicative illustrations.How the proposed special needs leaning and cognition school in Easton could look, via indicative illustrations. (Image: Norfolk County Council)

But Mr Bateman said those would "relieve", rather than completely "resolve" the tensions.

Councillors said the figures around the results of tribunals showed there was a need to resolve issues through mediation with families sooner.

Eastern Daily Press: Alison Thomas, cabinet member for finance and resources at South Norfolk Council. Picture: ArchantAlison Thomas, cabinet member for finance and resources at South Norfolk Council. Picture: Archant (Image: Archant)

Conservative councillor Alison Thomas said: "What we want to try to avoid is people going to tribunal, when there are other means by which they could have had the right outcome for their child."

Eastern Daily Press: Maxine Webb, Labour county councillor for Norwich's Wensum ward.Maxine Webb, Labour county councillor for Norwich's Wensum ward.

Labour councillor Maxine Webb said: "We are not having those conversations soon enough. There's a mediation process and that isn't working.

"Then parents are appealing after the mediation process and then it's being solved before the hearing, so it's not working, is it?

"We're also spending nearly half a million pounds a year on the legal costs for this, so it is really important."

After the meeting, a council spokesperson said: “We commission the KIDS mediation service to help families resolve any issues they have, but where a resolution is not reached, we recognise it is every parent’s right to engage in the tribunal process.

"Norfolk SEND Information Advice and Support Service provides training and help for them should they feel the need to take this action.”

The Local Government Association, which represents councils, has called for reform of the system.

The battle for education

Eastern Daily Press: Dr Fiona Wilkes with her daughter Eva Wilkes-LambDr Fiona Wilkes with her daughter Eva Wilkes-Lamb (Image: Fiona Wilkes)

Dr Fiona Wilkes knows the anguish of fighting for her child's education.

The council had said her daughter Eva, who has a rare neurological condition, should go to a mainstream school, with SEND support, for her post-16 education.

An educational psychologist, commissioned by Eva’s current school - Parkside School - said a specialist placement was required to meet her needs.

Dr Wilkes challenged the council's decision and went through the mediation process simultaneously to lodging an application for a tribunal.

Twice, council-organised panels refused to offer her a placement at the specialist school of her family's choice, Hall School in Catton.

It was only at the third panel - last week, that it was agreed Eva could attend the school in September.

Dr Wilkes described the decision-making as "shambolic" and said it was "resource-driven", rather than done in the best interests of children.