Autistic pupil claims government consultation on education reforms in unfair and legally flawed.
An eight-year-old girl is bringing a High Court challenge over the government’s consultation on proposed reforms to the special educational needs and disabilities (SEND) system in England.
Jessica Hayhurst, who is autistic and non-verbal, is seeking a judicial review with her mother, Melissa Hayhurst, acting as her litigation friend.
She attends an independent special school and is represented by Rook Irwin Sweeney.
The case concerns a consultation published in February alongside the white paper Every Child Achieving and Thriving, which sets out proposals to reform SEND provision.
The plans include changes to Education, Health and Care Plans (EHCPs), access to specialist support and the powers of the SEND Tribunal and appeals system.
Jessica’s lawyers argue that the process is seriously flawed. They say it does not clearly state that existing rights could be reduced and fails to invite views on key elements of the reforms.
What’s more, they claim the needs of children educated outside mainstream school settings have not been taken into account.
Melissa Hayhurst said it is vital families receive clarity and fairness.
‘We believe families deserve a consultation process that is open, honest and genuinely meaningful,’ she said. ‘One that properly explains what is being proposed, allows parents to fully engage with the implications, and gives them the confidence that their voices, concerns and lived experiences are truly being heard before decisions of this scale are made.’
The claimants are asking the High Court to quash the consultation. If successful, the ruling would prevent the government from relying on the process in its current form.
Image: Markus Spiske/UnSplash
In related news:
South Staffordshire water company fined nearly £1m for data breach
Field of schemes: residents lose latest battle over Brockwell festivals
Leave a Reply