Full Breakdown
Concerns Over SEND Reforms: Parents Fear Rights Are Being Undermined
3/25/2026, 8:46:51 PM
Central Issues in SEND Reforms
Parents of children with special educational needs and disabilities (SEND) are expressing significant concerns regarding the UK Government's proposed reforms. A letter from the Government’s legal department indicated that key aspects of the reforms, particularly concerning the accountability of education, health, and care plans (EHCPs) and parents' appeal rights, may not undergo public consultation. This has prompted legal challenges questioning the legality of the Government's decision-making process.
Legal Challenges and Parental Concerns
The law firm Rook Irwin Sweeney, representing families including that of Jessica Hayhurst, has raised alarms that the Government has already predetermined critical elements of the SEND reforms. The letter from the Government's legal department, dated March 18, stated that the Education Secretary, Bridget Phillipson, would not consult on the duty of schools to deliver the educational support outlined in EHCPs or on the powers of the SEND tribunal. This has led to fears that parents' rights to appeal decisions regarding their children's support are being curtailed.
Polly Sweeney, a founding partner at Rook Irwin Sweeney, emphasized that the Government's stance suggests decisions have been made without proper consultation. She stated, “Effectively, the Government has already decided, before consulting, that they intend to go ahead with reducing the powers of the tribunal and significantly curtailing the rights of parents and disabled children in this area.”
Government's Position and Reassurances
In response to these concerns, a spokesperson for the Department for Education (DfE) asserted that the Government is committed to consulting on the full set of proposals related to SEND reforms. They stated that nationwide engagement events would be held in partnership with the Council for Disabled Children to ensure that families' voices are heard. The DfE emphasized that no decisions are final until Parliament has reviewed the legislation.
Despite these reassurances, critics like Claire Walley, a former teacher and founder of SEN Expert, argue that the perceived lack of genuine consultation undermines the process. Walley remarked, “Families already face numerous challenges; they deserve a fair and transparent process that truly considers their insights and experiences.”
Timeline and Next Steps
The DfE has been given a deadline to disclose the dates of the decisions regarding the SEND reforms, which is set to conclude shortly. Rook Irwin Sweeney has requested further information and documentation related to these decisions, including any submissions from officials to the relevant minister.
As the situation unfolds, the legal challenge may set a precedent for how parental rights and the accountability of educational institutions are managed in the context of SEND reforms. The outcome could significantly impact the landscape of support for children with special educational needs in England.
