#SEND ‘easements’ legal challenge update: @polly_sweeney & @SteveBroach instructed by Amber, a young person supported by her mother @1985Deanne , to send a Letter before Claim today to the Secretary of State for Education challenging the decision to implement the 'easements' 1/7
On behalf of Amber, we are challenging the Secretary of State's decision to make a Notice which significantly weakens the important duty under s42 Children and Families Act 2014 to secure #SEND provision in accordance with an EHC Plan 2/7
We also challenge the Secretary of State's decision to issue amendment regulations which remove the timescales for complying with a number of important stages of the EHC assessment, planning and review process 3/7
Amber is currently unable to attend school due to the coronavirus pandemic. She hopes to start a college course in September & her EHC plan is being amended. She & her mother are worried that she will not have the #SEND support that she needs for her transition to college 4/7
The Letter before Claim contends that in making these very serious changes to the law, the Secretary of State has: 1) failed to consult, 2) failed to lay the amendment regulations before parliament for any period before their introduction 5/7
3) acted irrationally in deciding that it was appropriate & proportionate to make the Notice, 4) failed to comply with his Public Sector Equality Duty & 5) acted in breach of section 7 of the Children and Young Persons Act 2008 (to promote the welfare of children) 6/7
A response has been requested by 14 May 2020 - further updates will be posted here. 7/7
