SEND Provisions In Parliament: Thank You Richard Burgon MP

September 6, 2024

This blog post is in gratitude to Richard Burgon MP who raised concerns on SEND Provisions in Westminster yesterday. (5th September 2024)

SEND Provision - Debate (Click Link Below)

Volume 753: debated on Thursday 5 September 2024

Richard stated yesterday: -

"I am delighted to have secured this debate and to see such a packed Westminster Hall. I start by thanking all the parents and campaigners who have rightly put this issue high on the agenda, all the organisations that have provided briefings for MPs, and of course all the MPs here in a packed Westminster Hall."

"This is an essential debate. The crisis in SEND provision is one of the biggest messes left by the previous Government".

Our CEO and Trustee, Sian Gissing-McMeel, reached out to MP Richard Burgon ahead of the debate to express our support within the House of Commons. Richard did an excellent job highlighting key concerns, particularly emphasising the need for the 'Children and Families Act 2014' to be properly implemented to support children with SEND and their families, alongside other important SEND issues discussed.

We also raised concerns that the 'Children Act 1989' is being unnecessarily misused in the family court system.

Sian Gissing-McMeel advocates for 'Support not Separation,' as outlined in the 'Children and Families Act 2014.'

Below is the letter Sian sent to Richard, shared in the public interest.

SEND Provisions by Sian Gissing-McMeel Letter To Parliament

Sian Gisisng-McMeel SEND Provisions Letter to Parliament

Sian Gissing-McMeel SEND Provisions Letter to Parliament

We are very proud and admire Richard for raising very important issues on SEND. Here are some key points Richard raised within Parliament yesterday.

Local Authorities Failures on SEND

It is our belief that the Local Authorities own in house 'solicitors' are weaponising the use of the 'Children Act 1989' to keep 'Child In Care' proceedings private instead of applying the correct legislation which is the 'Children and Families Act 2014' which empower SEND children and families to have support from the Local Authorities. Specifically PART 2, s10, of the 'Children and Families Act 2014 which clearly states : -

The key principle here is 'Family Mediation Information and Assessment Meetings' (MIAM) to which the Local Authorities have a statutory duty to ensure they give the opportunity to families for MIAM to take place prior to any applications made and litigation proceedings are commenced. In reality we comprehend and have evidence from many families where MIAM pursuant to PART 2 - FAMILY JUSTICE, s10 of the Children and Families Act 2014 has been breached, which is 'procedural impropriety'. In reality, children are being 'unlawfully' taken from safe, loving homes and placed into care. Which we do not agree with, as the laws and procedures are being breached.

"A Verbis Legis Non Est Recedendum"

(Latin Meaning: "From the words of law, there must be no departure")

Furthermore, evidence of the rights of families is grounded and bound by law within s11 of the 'Children and Families Act 2014. S11 amends Section 1 of the 'Children Act 1989'.

Resolving Disagreements

Moreover, when a mother of father (parent) disagrees with the Local Authorities decisions, then the law states within s57, (2b), (3b) and (5b) of the 'Children and Families Act 2014 that the Local Authorities must make arrangements, with a view to avoid disagreements and provide a solution.

This law in many cases is being denied to families of SEND children. In fact many Local Authorities are instructing Barristers and Kings Counsel (KC) to battle against many families who are acting as 'Litigants In Persons' when attempting to raise their disagreement with their SEND children being placed in care. A point that was raised within yesterdays SEND Parliament debate by Marie Goldman.

Which does not create 'equal footing' as per the Courts Overriding Objective PART 1 - FPR, 1.1 (c). A further 'procedural impropriety' and failing.

Conclusion

The reality of what is happening within the private family courts is detrimental to the children in so many cases. We have the best laws and procedures that are designed, implemented to protect SEND children, and the mothers and fathers (parents). We are very grateful to Richard Burgon MP for using his position within Parliament to address SEND issues, raising awareness, so what is hidden in the dark can be brought to the light for justice to prevail. It is with hope that the many cases where there is evidential miscarriages of justice, there can be a public inquiry so children can be returned back to safe loving homes. And those who have made these catastrophic failings can be held accountable for their breaches of the law and their statutory duty. Which in action looks like the removal of the managers who have breached their duty, and compensation for the professional negligence by the Local Authorities in house solicitors, that have caused, injury, loss and harm to SEND children and their families. In the meantime, Richard has our full support in his campaign for justice.

As always take what resonates, leave what does not. Nothing in this blog post is intended as legal advice. It is for educational purposes only.

Truth prevails.

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