3 October 2012

Dear Parent/Grand Parent/Carer

Re: Draft Legislation – Children with Special Educational Needs & Disabilities

I don’t know if you heard the Radio 4 World At One programme last Friday 28 September 2012 about the proposed changes in the law for children with special needs and disabilities.

There are some positive aspects to these proposals, particularly dealing with older children who leave school at 16 or 18/19.

If these proposals are passed, these will be the first changes to the law in relation to children and young persons with disabilities and special educational needs, which reduces both their and their parent’s rights. This proposed legislation is anti parent, and turns the clock back over 30 years.

My concerns are these:

  • No right for parents or schools to request the equivalent of a Statutory Assessment (if children have been missed or the complexity of their needs have not been recognised, there is nothing parents or schools can do about it).
  • Removal of duty to deliver what is contained within the equivalent of a Statement of Special Educational Needs (the new Section 39 changes must deliver (the current position) to best endeavours. This means that the Local Authority can say we have written a letter, or we cannot recruit and that is our best endeavours).
  • Compulsory Mediation – with anti parent penalties
  • A parent has no choice and is forced to do this.
  • It is not independent (the LA appoints and pays the mediator).
  • It includes penalties against parents, but not Local Authorities.
  • The system of compulsory mediation is highly complex, provides a system similar to an SEND Tribunal Appeal, and will delay and obstruct parents who are attempting to get a quick and easy decision about their children.

I urge you to oppose these changes. There are other concerns about this legislation, but these are the major areas of concern. Please write to your MP about this.

I attach a draft letter for you to send to your MP, all you need to do is insert the name of your MP and post. If you have any family members, work colleagues and friends who would also send a copy of this letter to their MP, that would also be helpful. The heavier MP’s postbags are on this issue, the more notice is likely to be taken.

We also have an e petition on our website please visit the website and add you name as the more pressure we bring to bear, the better our chances of defeating these changes.

We need to send the letters as soon as possible because we understand the intention is to rush this legislation through.

Yours sincerely

Melinda Nettleton

Solicitor

SEN Legal

1

Director - Melinda Nettleton LLB Solicitor Mother of a child with Special Educational Needs

Regulated by The Law Society Ref: 117964 Member of ELAS (Educational Law Association) Trustee of SOS!SEN

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