Our CEO Melissa Davis’ judicial review challenge on SEND reform against the government has been featured in The Law Society Gazette.
Following the letter before action, a legal challenge has now been brought on behalf of eight-year-old Jessica Hayhurst, daughter of our CEO Melissa Davis, on the Government’s SEND reforms, asking for the consultation to be quashed by the High Court.
The challenge highlights growing concern around the government’s proposed reforms to the SEND system and argues that the Department for Education’s consultation process is fundamentally flawed and fails to make clear the extent to which existing legal rights and protections for children with SEND could be weakened.
Public law specialists at Rook Irwin Sweeney have applied for a judicial review, arguing that the consultation is misleading and unlawfully unfair. The proposals under scrutiny include limiting the powers of the SEND Tribunal, reducing rights of appeal, shifting responsibility for delivering provision from local authorities to schools, and restricting Education Health and Care Plans (EHCPs) to only the most complex cases.
Partner Polly Sweeney said the reforms would “dilute existing legal rights in many material ways”, while also criticising the consultation for failing to ask direct questions about key changes affecting families. The challenge follows what the claimant’s legal team describes as inconsistent responses from the Department for Education about whether certain reforms had already been decided.
Jessica is also represented by solicitor Beth Parr, alongside counsel from 39 Essex Chambers. The Department for Education has yet to formally respond to the application.
In a statement to the press, our CEO Melissa said:
“Children like Jessica, who is severely autistic and non-verbal, cannot advocate for themselves and rely entirely on the adults, systems and legal protections around them. For many families, those protections are what stand between a child receiving the education, care and support they need, or being left without it.
“The SEND community is distressed and disappointed that changes with such profound consequences appear to be progressing without families being clearly told what is being proposed and what rights and safeguards could potentially be lost.
“Thank you to our exceptional legal team at Rook Irwin Sweeney LLP and Steve Broach KC of 39 Essex Chambers for standing alongside us as we take this action on behalf of Jessica and so many other disabled children and families whose futures may be impacted.”
Read the article in The Law Society Gazette
Read the press release on Rook Irwin Sweeney’s 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
- The Times: Concern over legality of Labour’s ‘flawed’ Send reforms (£)
- Law Society Gazette: Plan to hobble SEND Tribunal a done deal, government admits
- 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 third press release on the Rook Irwin Sweeney website
- Read Melissa’s fourth LinkedIn post
- Read Melissa’s fifth LinkedIn post
