A court hearing into whether Surrey County Council acted unlawfully in planning to cut its budget for special educational needs by £20 million is due to begin tomorrow.

The judicial review will hear from lawyers acting for the families of five children with special educational needs who say that the council failed to undertake a consultation with affected families and did not identify the impact that cuts would have on children prior to making the decision.

The two-day judicial review is one of a several cases in a wave of legal action against SEND cuts and comes after a High Court judgment in August barred Bristol City Council from slashing £5 million from its “high needs” budget.

“The proposed cuts would impact significantly on some of the most vulnerable members of society,” said Anne-Marie Irwin of law firm Irwin Mitchell, which is representing the families. “The parents have been left with little choice [but] to bring this judicial review, as, despite repeated pleas, the local authority has failed to enter into meaningful talks with them to find a solution which addresses their concerns.

“We appreciate that [these] are difficult times for local government, but cuts of this nature would only serve to create huge difficulty for disabled children and their families.”

Irwin Mitchell is acting on behalf of five children: Kian Hollow, 14, and Dominic Ferris, 15, both of whom have autism spectrum disorder; Zoe Butler, 15, and Sean Butler, 12, who have autism; and Kyffin Carpenter, 4, who has a neuromuscular condition that affects his mobility and feeding.

The budget in question helps support children with special educational needs by funding services including school transport.

A Surrey County Council spokesperson said: “We are defending this claim but as ever our main focus is making sure children get the support that they need.”