Experts supporting the parents of children with special education needs have told LBC they are aware of ‘an alarming trend’ in cease-and-desist letters being sent to those trying to get a support plan in place for their child.
LBC has heard claims of schools and local authorities using legal firms ‘to deter, frighten and punish’ special educational needs and disability (SEND) advocates and parents who are trying to obtain documents relating to their child’s care or asking questions in relation to their child’s Education Health and Care Plan (EHCP) - the legal document outlining what support their child is entitled to.
Mike Charles, a senior director at Sinclairs Law, which specialises in Education Law and Special Educational Needs, told LBC the use of cease-and-desist letters is an ‘alarming trend’ and “a direct attack on access to justice”.
“It makes people think that they’re doing something terribly wrong. It makes them think that they might face some kind of regulatory action. It makes them think that they might be sued or taken to court. It’s extremely frightening and it discourages, in my view, participation."
“It’s quite a chilling effect."