SEND campaigners to organise a nationwide demonstration to defend legal rights

A coalition of SEND organisations and individuals has announced plans to organise a national demonstration urging the Government to protect and strengthen the legal rights of children and young people following the publication of the Schools White Paper.

The demonstration will take place on May 9th at 11.30 am in London with a range of regional events.

The Save Our Children’s Rights Group, which includes Learning Disability Today, has announced plans for a demonstration in response to proposals in the white paper, which they believe threaten to weaken long-established legal safeguards relied upon by families across England.

Coordinated regional events across England will take place simultaneously within the 12-week consultation period of the White Paper, with the date to be confirmed.

The aim of the demonstration is not to resist reform, but to ensure that any reform strengthens, rather than dilutes, the legal foundations on which children and young people with SEND depend.

What SEND legal rights could be weakened?

Campaigners are particularly concerned about proposals which risk weakening:

• The right to provision based on an individual child’s assessed needs and a shift to standardised “Specialist Provision Packages”
• The right to enforceable provision (moving from special educational provision being specified in EHC Plans, with a duty to secure it owed directly to the child or young person, to seemingly non-binding Individual Support Plans)
• The right to an EHC needs assessment and plan (with higher or unclear thresholds and restriction to undefined “complex needs”)
• The right to appeal annual review decisions for school-aged children (with a move away from existing annual EHCP reviews, which carry appeal rights, to reviews only at the end of a key stage, with no clarity on whether these will allow appeals)
• The right to request and secure a specific school placement (including removal of the Tribunal’s power to name a setting)
• Equal protection for children outside mainstream settings, including EOTAS, post-16 training, alternative provision and youth custody

Government has failed to tackle real issues

Special Needs Jungle, one of the lead organisations behind the campaign, said it was incomprehensible that the government has failed to tackle the real issues, as highlighted by numerous parliamentary inquiries, of public bodies’ non-compliance and a lack of appropriate funding. Instead, it has proposed real reductions in rights, raising legal thresholds, and cutting powers of redress.

Founder Tania Tirraoro added: “We stand alongside families and our campaign partners at Save Our Children’s Rights to defend existing legal rights. While we support any attempt to boost inclusion, it is vital that children and young people with SEND, and their families, can access the individualised support needed to help them thrive.

“We call on MPs, Peers, and everyone who has spoken out in support of families, to stand with us in defending rights.”

Alison Bloomer

Alison Bloomer is Editor of Learning Disability Today.

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