Dear Secretary of State for Education, Lucy Powell: an Open Letter from Special Needs Jungle and SEND legal charity SOS!SEN

Special Needs Jungle and SEND legal charity, SOS!SEN recently wrote a joint letter to the new Secretary of State for Education, Lucy Powell, to ask for a meeting. We have yet to hear back*we know, she’s got a lot to get through—but we wanted to share it with you here to keep you up-to-date that, while the summer recess may be in full swing, we are still on the case for all parents and carers, children and young people with special educational needs and disabilities. As ever, we will keep you updated.


Dear Ms Powell

Firstly, congratulations on your new position as Secretary of State of Education, we hope you are settling in well. You arrive at a crucial time, as important changes are under consideration for the future of special educational needs provision.

We are writing from both Special Needs Jungle Ltd, a volunteer-parent-led, SEND advocacy website and SOSSEN, a charity that supports families with the law as they navigate the SEND system. We are both long-standing organisations, and are founder members of the Save Our Children’s Rights campaign.

The campaign was created as now-justified fears grew of plans to remove or dilute rights created in the Children and Families Act 2014, co-produced legislation that was designed to place children with SEND and their families at the heart of the process.

Unfortunately, due to implementation and funding deficiencies, this well-constructed Act has never been given a chance to do what it set out to achieve. The legislation itself is sound, but it coincided with austerity and massive funding cuts that have, over the years, created more unmet needs in children, and led to extraordinary amounts of unlawful behaviour by local authorities.

This behaviour, the very least of which is routinely refusing assessments of need, means that the most vulnerable families, who do not feel able to appeal, are the least likely to get support. At its worst, this persistent, deliberately unlawful decision-making, has led to young people taking their own lives through lack of support.

This behaviour has been documented by accountability group Measure What Matters, working with MP Chris Coghlan, and includes council whistleblowers and almost 2000 cases of evidence of councils’ misfeasance and misconduct. This must not be overlooked.

Buy SNJ Ad
SEND LAW & OPEN RESEARCH
SNJ FLOW CHARTS

The removal and dilution of disabled children’s rights

We, along with most families, and much of the education sector, are deeply unhappy with the current SEND and EOTAS proposals, which will remove vital rights for disabled children and hand more power to those committing misconduct.

The proposals that have, and are still being, consulted upon, will remove rights to appeal bad decision-making, instead handing unchecked power to councils to decide the futures of disabled children they have never met.

The reforms are being sold as being “the greatest expansion of rights in a generation”. In fact, the new right to an Independent Support Plan (ISP) is an empty vessel, containing no guarantees of provision and no right to appeal, only to complain to volunteer school governors. There is much more to it than this, but suffice it to say that families are overwhelmingly opposed to these evidence-light proposals that we know will harm children’s education and wellbeing.

Public body accountability must include misconduct in SEND

In light of the anticipated passing of the Hillsborough Law, it is astonishing to us that in SEND, not only are public bodies not being held properly to account, they will be given more power to do even greater damage, while stripping away the only way families can get the vital legal redress, accountability and the provision their children deserve.

While it is true the Tribunal will still exist, it will be in a much diminished state including:

  • no longer any right to appeal the provision a council decides a child can have, only how the council has “categorised” them
  • no longer any right to appeal the setting a local authority decides on
  • no longer any right to appeal a refusal for out-of-school support for children left traumatised and suicidal by unsuitable educational settings
  • proposals for all children asking for EOTAS to have a named school which will decide if the child—whom it does not know—can have any EOTAS at all, potentially forcing them back into a school environment where they cannot thrive
  • children pushed in and out of potentially unsuitable mainstream “inclusion bases” without any individualised assessment of need, if they don’t fit the mainstream learning environment.

Vital voices dismissed

While there has been engagement, our voices—those of highly-experienced parent carers, SEND legal charities, and educators specifically opposed to the legal proposals—have simply been dismissed. Our issues with the plans have not been addressed honestly and direct questions have been met with obfuscation or just silence.

Meanwhile, moves towards implementing the proposals are not waiting even for the consultation response to be published. Additionally, the way the DfE media operation has consistently deleted and closed critical comments on its expensive SEND proposals social media posts is disgraceful.

Don’t get us wrong, we are definitely in favour of better inclusion in mainstream (and in a more accessible society generally), but there is no need at all to reduce the law to do this.

Promoted

You agreed the SEND reforms were the right ones

When you were a member of the Education Select Committee, you produced the SEND Inquiry report in 2019, saying:

“We are confident that the 2014 reforms were the right ones. We believe that if the challenges within the system—including finance—are addressed, local authorities will be able to discharge their duties sufficiently.” (Paragraph 17)

“⁠We recommend that when the Government makes changes to address these challenges, it should avoid the temptation to address the problems within the system by weakening or watering down duties or making fundamental changes to the law.” (Paragraph 18)

Yet, this is exactly what your new Department is doing.

Nothing has changed materially since the inquiry; council behaviour has just become more egregious, as outlined in Helen Hayes’ 2025 SEND Inquiry, which echoed that of your own in 2019.

Special Needs Jungle and SOS!SEN would really welcome a chance to meet with you to discuss our grave and urgent concerns. It is vital that the Government takes families with them but—despite what you may have been told—it is not doing so and we are desperately worried that disabled children will pay the price.

Sincerely,

Special Needs Jungle Co-Directors: Tania Tirraoro, Renata Watts, Gillian Doherty, Dr Sharon Smith
SOS!SEN CEO: Richard Orchard Rowe, Legal Officer: Eleanor Wright

*Update!

Someone is watching. We sent our email on 22 July. Curiously, a few hours after we published this post on 4 August, we received a response thanking us for writing and our congratulations, and to say, “her office is aware of your request, and will be in touch if she is able to meet.”  We do hope so, because the futures of thousands of disabled children are at stake.
 


If you think Ms Powell should meet us urgently, please share this and tag her on your social media channels!

If you can help us keep going, please donate below


Disabled Children’s Rights are Under Attack.
We’re fighting, but we can’t do it alone: we need your help more than ever.
We’re volunteer-run, but costs are rising. To help us keep going, please consider a one-off or, if it’s possible, a regular donation.
Read more about being a regular donor here.
We use Zeffy to fundraise, which doesn’t charge us a fee, so 100% of your donation reaches us.



Key Content

a monkey in the jungle with a magnifying glass and a deerstalker hat
image includes graphics from the article
SEND Politics
Updated EHCP Flow charts and a brand new one for the Annual Review!

SNJ FLOW CHARTS
Books SNJ recommends

Also read:

Don’t miss a thing!

Don’t miss any posts from SNJ – simply add your email address below. You must click the link in the confirmation email you’ll receive to activate your free subscription.

You can also keep up with us by following our

Want more? Be an SNJ regular donor!

SNJ is a non-profit and everyone who writes here does so voluntarily. We need your support to help us with costs by donating once or as a regular patron. Find out more here

Tania Tirraoro
Follow

Discover more from Special Needs Jungle

Subscribe to get the latest posts sent to your email.

We LOVE to hear what you think... please take a minute to add your views here, so your comment is seen by all!

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Discover more from Special Needs Jungle

Subscribe now to keep reading and get access to the full archive.

Continue reading