Emergency powers allowing councils to downgrade disability rights will end on 25 September.
The UK Government introduced the powers during the coronavirus pandemic.
Edel Harris, of Mencap, wants children’s needs reassessed after the lockdown
Under the Coronavirus Act, councils only had to show they had made ‘reasonable endeavours’ to provide education.
Councils took advantage
Several councils took advantage of the law to reduce their commitments to families.
Two families challenged the UK Government over the law, but the action failed.
The families are appealing. Their aim is to deter the Government from suspending disabled people’s rights in future emergencies.
Deanne Shaw, from Salford, is the mother of Amber, 16, who has a chromosomal disorder and is a wheelchair user.
She challenged the law because she wanted to see children get the “support they need”.
A second family joined the challenge, but the court ordered they should remain anonymous.
Challenge to EHCP timescales
The families challenged education secretary Gavin Williamson’s decision to downgrade the timescales that councils must follow on education, health and care plans.
In addition, 49 charities that support children with special needs wrote to minister for children Vicky Ford.
They said the regulations would have a “disproportionate” impact on children who already experience poorer outcomes than their peers.
Needs ‘should be reassessed’
Mencap was among the charities that signed the letter to Ford.
Edel Harris is Mencap’s chief executive.
She said children’s needs now need to be “reassessed post-lockdown”.
She added that support should be “bolstered to reassure families that their child will be safe and well supported when they go back to school”.
Rights ‘fully restored’
Law firm Scott-Moncrieff brought the action.
Polly Sweeney is a consultant solicitor with Scott-Moncrieff.
In a tweet, she said the end of the regulations would see legal rights “fully restored”.
A spokesperson for the Department for Education confirmed the regulations would end on 25 September.
Related:
- Fightback against virus law care cuts
- Disabled launch legal fight to buy food
- Keep seeking medical help, doctor urges
- Families fight virus clampdown
- We can’t get food we need, say parents
- Councils ‘free to abandon disabled’
- Coronavirus may decimate services
Published: 1 September 2020
