Thread by @GeorgeJulian

I'll be live tweeting #CovidSEND judicial review for the next two days from the High Court of Justice, Queen's Bench Division Administrative Court sitting in front of The Hon Mr Justice Kerr.

Case is brought by @1985Deanne and Amber Shaw (pictured) and an anonymous claimant

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Claimants challenge SOS @educationgovuk @GavinWilliamson's decision to modify legal duty under S42 Children and Families Act 2014 #CovidSEND

This places a duty on local authorities to secure provision to meet special educational needs and health needs as set out in an EHCP

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EHCP = Education, Health and Care Plan.

According @educationgovuk 354k children and young people had an EHCP in 2019 assets.publishing.service.gov.uk/government/upl…

Thousands of families affected by the SOS decision to replace the duty with requirements to use 'reasonable endeavours' #CovidSEND

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The #CovidSEND challenge also challenges the SOS decision to issue Amendment Regulations that provide exceptions to the strict timetables LAs are usually required to follow during planning/reviewing EHCPs where they can't be met due to a reason related to #Covid19

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The first notice was issue in April and it has been renewed in June and July gov.uk/government/pub…

#CovidSEND argue that these regulations should have been laid before Parliament for scrutiny before coming into force

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Additional grounds of claim #CovidSEND are that the SOS @educationgovuk failed to consult and that he failed to carry out 'sufficient inquiry' before making decisions.

The @ChildrensComm @annelongfield expressed 'serious concern' about the changes

childrenscommissioner.gov.uk/2020/05/12/res…

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'...view that the downgrading of key duties towards children with SEND is disproportionate to the situation. The SEND system was already under considerable strain before Covid-19 and I am worried that these changes could result in local services being stripped back further.”

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Concerns echoed by representatives of 49 organisations and charities working with/supporting children with special educational needs and/or disabilities (SEND) and families who wrote jointly to @VickyFord MP, Minister for Children and Families in May

nnpcf.org.uk/wp-content/upl…

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They stated:

'we have significant concerns about the disproportionate impact on this group of children, who already experience poorer outcomes than their peers'.

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And:

'In particular, we are concerned about the modification of Section 42 of the Children and Families Act and the variability in the interpretation of ‘reasonable endeavours’'.

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In addition to grounds of claim that SOS failed to consult and failed to carry out ‘sufficient inquiry’ before making the decisions, #CovidSEND argues it was irrational for him to determine it appropriate and proportionate to make the Notices.

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#CovidSEND also argues that the Secretary of State @educationgovuk breached his duty under Section 7 of the Children and Young Persons Act 2008 to have regard to the well-being of children prior to making these decisions.

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Since proceedings were issued, the government has announced, unless the evidence changes, it does not intend to issue further notices modifying the section 42 duty beyond the end of July.

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However, #CovidSEND claimants are concerned the Secretary of State retains a power to issue further notices at any time and there are real prospects that a further notice might be issues, for example in the event of a ‘second wave’.

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In addition, the Amendment Regulations currently remain in force until at least 25 September and the #CovidSEND claimants are concerned that the backlog of assessments and decisions by local authorities continues to grow by the day.

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#CovidSEND has already received ‘urgent consideration’ by the court.

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Mr Justice Saini said: “Without expressing any views as to the merits, it is clear that the claim raises issues of serious concern in relation to vulnerable children with special educational needs and as to how such needs are to be met in the Pandemic”. #CovidSEND #Covid19

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Mr Justice Kerr will hear full case over a two day ‘rolled up’ hearing at the Royal Courts of Justice today and tomorrow

Legal teams are present in court and observers attending via Skype.

I'll live tweet from this account using #CovidSEND throughout, technology allowing

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#CovidSEND claimants solicitor is @polly_sweeney consultant @scottmoncrieff counsel are @SteveBroach of @39PublicLaw and @AliceLIrving

Polly states:

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'Evidence has been filed on behalf of the claimants from organisations such as @IPSEAcharity @sos_sen @Autism @SEND_Action and @SpcialNdsJungle which demonstrates the devastating impact of the changes on children and young people with special educational needs...

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'...and in particular that families have been left feeling ‘abandoned’. We believe that the Secretary of State did not have adequate information about this impact before making these decisions.” @polly_sweeney

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'I am concerned that the Defendant decided not to consult with children, young people, and parents/carers before making these decisions. I believe that had he done so, he would have realised that these changes would have a very serious impact on our children'. @1985Deanne

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'He would also have realised that as parents we are only ever trying to secure the best for our children. Where we are forced to take legal action, this is because we believe that it will result in our children getting the support they need'. @1985Deanne

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The second claimant is protected by an anonymity order. I spoke to their litigation friend yesterday who stated:

'We are SEND parents, but we are also both keyworkers who were totally abandoned with no support at all during this period'.

#CovidSEND #Covid19

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'Instead of protecting us & our child when our community needs us the most, we’ve been dumped into an impossible & unachievable position. The ripples of the easements must not be underestimated.... I think most parents have unsurprisingly felt totally abandoned'

#CovidSEND

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Tweets will start when court is in session, shortly after 10:30am

#CovidSEND

/END