Well, that didn’t take long. It’s less than a week since the Government published long-awaited proposals for “reforming” the SEND system, and the first steps have already been taken in a legal challenge against the Secretary of State for Education.
If successful, this could force ministers to publish an amended version of the consultation to add more information about what is proposed, as well as specific questions on some key changes. It could also mean extending the consultation period.
Consultation lawfulness questioned
The family of Jessica Hayhurst, a little girl with complex special educational needs, has instructed lawyers to send a formal letter before legal action to Bridget Phillipson. The letter questions the lawfulness of the consultation process on SEND reform in relation to two things:
- The proposed weakening of SEND Tribunal powers, and
- A shift in legal duties from local authorities to schools.
The family is being represented by Polly Sweeney and Bethany Parr from Rook Irwin Sweeney, which is funding the claim through its Social Justice Fund. Barrister Steve Broach KC is providing pro bono support.
The letter says:
“Many of the proposals being put forward in the White Paper will result in parents and children losing important existing legal rights”.
As we outlined in our first post on the Schools White Paper and SEND proposals, the 132-page consultation paper invites views and responses to 40 specific questions from anyone with an interest in the plans by 18th May 2026. The questions cover things such as how children can be supported in the new proposed ‘layers’ and how “Inclusion Bases” should work.
More -
https://www.specialneedsjungle.com/legal-challenge-against-send-proposals-significantly-weaken-legal-rights-children/
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