Our CEO Melissa Davis expresses her disappointment over the government’s response to the judicial review challenge on SEND reform.
Following CEO Melissa Davis’ legal challenge to the government on its SEND reform consultation, it has indicated that some of the most significant changes were never really up for consultation because decisions had already been made. The story has been covered by the Law Society Gazette – thank you to Eduardo Reyes for his reporting.
If you’d like to write to your MP to encourage them protect the legal rights of children and young people with SEND, you can find template letters on IPSEA’s website.
Press release in conjunction with Rook Irwin Sweeney
The government has responded to a proposed judicial review challenge brought on behalf of a vulnerable disabled child, Jessica Hayhurst, in relation to its consultation on proposed reforms to the special educational needs and disabilities (SEND) system.
In its response to a letter before claim, the Secretary of State for Education has indicated that there is no duty to consult on certain elements of the proposed reforms, including changes to the powers of the Special Educational Needs and Disability Tribunal and proposals to shift the legal duty to secure provision in Education, Health and Care Plans (EHCPs) from local authorities to schools, in part because decisions on these issues have already been made.
Lawyers acting for the claimant, including Polly Sweeney and Beth Parr of Rook Irwin Sweeney, with pro bono support from Steve Broach KC of 39 Essex Chambers, are now writing urgently to the government Legal Department seeking clarification on when these decisions were taken, and requesting disclosure of relevant documents.
The response follows concerns that the government’s consultation, “SEND reform: putting children and young people first”, fails to invite views on some of the most significant proposed changes to the SEND legal framework.
Melissa Hayhurst, Jessica’s mother, said:
“To be told that some of the most significant changes to the SEND system have effectively already been decided, without meaningful consultation, is deeply concerning.
These reforms will have a direct and profound impact on some of the most vulnerable children in our society. Decisions of this scale should not be predetermined behind closed doors, without properly engaging the families who rely on these protections every day.”
While the Department for Education continues to consult on other aspects of the reforms, it is understood that views are not being sought on the specific areas challenged in the legal action because the direction of travel has already been determined.
Polly Sweeney, partner at Rook Irwin Sweeney, said:
“It is deeply regrettable that the minister has already made decisions on reducing powers of the Tribunal and removing important legal rights of disabled children and their parents, without consulting on these aspects of the reforms. We are considering the position carefully with our client and are writing to request further information.”
The claimant and her legal team are now considering next steps.
Families and campaigners are urging others affected by the proposed changes to engage with the consultation and raise concerns with their MPs, as the legislative process may now be the primary route through which these reforms can be influenced.
Melissa Hayhurst added:
“The fight is not over. Families need to understand what is at stake and use their collective voice. If we don’t speak up now, decisions about our children’s futures will be made without us.”
ENDS
Notes to editors:
Please contact Polly Sweeney at polly.sweeney@rislaw.co.uk for any press enquiries
Read the press release on Rook Irwin Sweeney’s website
Read Melissa’s post
Read the story in the Law Society Gazette
LinkedIn posts and media coverage
- Law Society Gazette: ‘Unfair and unlawful’ SEND consultation facing challenge
- Special Needs Jungle: Legal challenge launched against government SEND proposals
- Read the letter to the Guardian
- Read Melissa’s initial LinkedIn post
- Read Melissa’s second post
- Read the initial press release issued by Rook Irwin Sweeney
