Two families of disabled children are challenging the UK Government over its moves to strip away the right to education during the coronavirus pandemic.
The families are bringing a judicial review after the Government’s Coronavirus Act relaxed duties on councils to provide education for special needs children.
Lawyer Polly Sweeney who is leading the fight against the government’s moves to downgrade special needs children’s educational rights during the pandemic
Under the Coronavirus Act, councils only have to show they have made ‘reasonable endeavours’ to provide education.
Also, the claim challenges education secretary Gavin Williamson’s decision to downgrade the timescales that councils have to follow on education, health and care plans.
‘Very serious impact’
Deanne Shaw is the mother of Amber, 16, who has a chromosomal disorder and is a wheelchair user.
In a statement, she said the changes would have a “very serious impact” on children.
Shaw, from Salford, added that the legal action was necessary to ensure children get the “support they need”.
The court has ordered that the identity of the second family remains anonymous.
‘Failed to consult’
The families also claim Williamson failed to consult, or carry out “sufficient inquiry” before making his decisions.
They want Williamson to disclose the evidence base he relied on for his decisions.
The claim has received ‘urgent consideration’ by the court.
Mr Justice Saini said it “raises issues of serious concern in relation to vulnerable children with special educational needs”.
Williamson should give ‘careful consideration’
Law firm Scott-Moncrieff is bringing the action.
Polly Sweeney is a consultant solicitor with Scott-Moncrieff.
She called on Williamson to give “careful consideration” to the judge’s views.
Autism Eye approached the Department for Education for comment. However, it did not respond.
The Government has said previously that the relaxation is a temporary measure while it battles coronavirus.
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Published: 25 June 2020
