The government has reversed its position on the response it gave to our CEO Melissa Davis on her judicial review challenge on SEND reform.
The Government Legal Department has responded to further pre-action correspondence in the legal challenge on SEND reforms brought by our CEO Melissa Davis on behalf of her daughter Jessica Hayhurst.
In a significant development, the Government has clarified its position on key elements of the proposed SEND reforms. It had previously been stated that views were not being sought on certain aspects of the reforms because decisions had already been made.
The Government Legal Department has now confirmed that this “did not accurately represent the Secretary of State’s position”, and that she “welcomes and will consider carefully representations on any subject related to the proposed reforms”.
This marks an important shift. At the heart of this challenge is a simple principle: families deserve to be heard – properly and meaningfully – on reforms that will have a profound impact on their children’s lives.
Given the level of public interest, the correspondence has been published in full and can be accessed here: R (Hayhurst) v SSE – Letter on behalf of the SSE – 30.03.2026 (Redacted).
Rook Irwin Sweeney, Melissa’s lawyers, are now carefully considering the next steps in the legal challenge.
Melissa says:
“While we welcome the clarification that these elements are now open to consultation, despite earlier indications to the contrary, the consultation document itself has not been amended. That leaves serious and ongoing concerns about whether this process is genuinely fair.”
Read the press release on the Rook Irwin Sweeney website
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 Melissa’s third post
- Read the initial press release issued by Rook Irwin Sweeney
- Read the second press release on Rook Irwin Sweeney’s website
- Read the follow-on story in the Law Society Gazette
