The government’s reforms of special educational needs and disabilities (SEND) provision are facing a legal challenge. Specialist public law firm, Rook Irwin Sweeney, is contesting the lawfulness of the government’s consultation document and has sent a letter before claim to education secretary, Bridget Phillipson.
The solicitor leading the claim said the proposals will “significantly weaken the legal rights of children and young people with SEND and their parents”.
The government’s consultation sets out changes intended to end the SEND Tribunal’s power to name an education setting in education health and care plans (EHCPs) and shifts the legal duty from local authorities to schools.
The letter states that it was ‘irrational and unfair’ to omit questions on key proposed changes to the law and asks the secretary of state to publish an amended version of the consultation.
Melissa Hayhurst, the mother of the proposed claimant, who has complex special educational needs and an EHCP, is concerned that the proposed changes are likely to have a considerable impact on parents’ appeal rights and the enforceability of EHCPs generally.
Polly Sweeney, partner at Rook Irwin Sweeney, explained:
“It is of real concern to our client that the consultation omits to include any questions on these important proposals which would appear to significantly weaken legal rights of children and young people with SEND and their parents.
“In addition, the consultation does not fully explain the implications of these changes, which are referenced only in the most cursory terms.”
Hayhurst added:
“When a child’s education, care and future depend on an EHCP being enforceable, these are not technical tweaks. They are life-altering decisions, and parents deserve honesty, transparency and a real voice.”
