Melissa Hayhurst has criticised education secretary Bridget Phillipson for claiming that lawyers are “exploiting” parents of children with special educational needs and disabilities (Send). In a letter, Hayhurst said the accusation is “deeply insulting” to families who rely on legal advice to secure support their children are legally entitled to.
Hayhurst, whose daughter Jessica has complex needs and cannot speak or communicate, said she turned to legal action because the government’s Send consultation proposes changes that could weaken the enforceability of education, health and care plans and restrict parents’ rights of appeal. She argued the consultation fails to clearly ask affected families for their views.
“The lawyers representing families in these cases are not exploiting anyone,” Hayhurst wrote. “They are doing precisely what the rule of law requires: ensuring that government proposals are lawful, fair and open to proper scrutiny.” She described the lawyers as driven by a commitment to justice for vulnerable children.
Hayhurst urged ministers to focus on ensuring children receive the support they are entitled to, rather than attacking lawyers or weakening legal safeguards. “If ministers genuinely want a less adversarial system, the solution is not to attack lawyers or weaken legal safeguards,” she said.
