SEND Parents to be allowed to claim financial damages against The UK's Department for Education.

When the Supreme Court ruled [06 Apr 2017] ([2017] UKSC 28) [UKSC 2016/0155] IoWC v Platt - that “regularly” didn't mean “evenly spaced” or “sufficiently often” but instead “in accordance with the attendance rules” [they] agreed for the fining of UK parents, but erred in law, as [they] failed to take into account ALL children in Compulsory Education, especially SEND Children, who are continuously and REGULARLY left without Education or Schooling.

"The Supreme Court unanimously allowed a Council’s appeal to fine a parent when they had removed their child a few days before the school holiday starting, on the basis that their child failed to attend 'regularly' declaring that the word ‘regularly’ means ‘by the rules prescribed by the school’.

The Supreme Court failed to balance its ruling with regards to SEND Children Missing Education and Schooling, as the words “fails to attend regularly” in section 444(1)/444(1)(a) of the Education Act 1996 during term time relates to ALL Children. SEND Children are routinely and REGULARLY LEFT WITHOUT Education or Schooling because of the lack of resources, funding, and lack of school provisioning, even resorting to schools cutting their operating hours. SEND Children and Young People are also entitled to regular schooling and education under [Part 3 of the Children and Families Act 2014].

If the Government finds it acceptable to fine parents who take their children on holiday during term time, SEND Parents can claim damages against the DfE, their Local Authorities and Respective Schools for failing to educate and school their SEND Children during term.

The Supreme Court failed to follow the 'rule of law' or the equal application of the law as [they] only favoured those children who were in school (mainstream) and who didn't attend 'regularly' for a short period of time. This favouring by the Supreme Court is a Direct and Indirect Discrimination under The Equality Act 2010 against SEND Children who are unlawfully forced to miss school or education REGULARLY by the lack of provision and or then having to be forced into a non-enabling environment, causing a health crisis.

The Rule of Law is just that: the law applies equally to ALL. The lack of the rule of law can be because of negligence and or ignorance of the law itself. Therefore, the rule of law falls off the legislative radar because the government’s accountability factor is ineffective!

The House of Commons (Petitions Committee) have twice rejected Janet Willicott's petition, taking five months to months to reply, stating, "We don't understand what 'rule of law' means, so please refer to the SEND Funding Petition instead and campaign that way..." This is NOT about SEND Funding; instead, it is about timely and early intervention and equality to include equity for ALL Children and Young People, especially disabled children and young people who are left without education and schooling for weeks, months, and years at a time.

The European Court of Justice and or the European Court of Human Rights will need to be consulted on the validity of the Supreme Court's ruling, as The Education Act 1996 applies to ALL Children and Young People.

I, Janet Willicott, mother, health professional and PhD student, have also been directly affected and impacted by many unlawful SEND due processes or outright negligence; I seek to implement a SEND Accountability Act to prevent further SEND Children and their families from being harmed by the UK's culture of nonfeasance, misfeasance and malfeasance.

The UK is currently ranked at 179th position from 193 UN Ratified Countries for Children's Rights. The UK was ranked 11th just before the country went into political turmoil. However, regretfully, the UK is now ranked 193rd in Domain 5 (Enabling Environment for Child Rights.)

Domain 5 =
[Non-discrimination, Best Interests, Respect, Enabling Legislation, Budget/resources, Collection and analysis of data and State-civil society cooperation]

How is it that a once mighty nation is ranked last?

COUNTRY: UNITED KINGDOM (Total UN Countries 193)
• Kids Rights Index ranking: 179
• Health ranking: 41-44
• Life ranking: 28
• Education ranking: 22
• Protection ranking: 35-36
• Environment ranking: 190-193 

https://www.kidsrights.org/research/kidsrights-index/

https://files.kidsrights.org/wp-content/uploads/2023/06/18142918/KidsRights-Index-2023-Report.pdf

Please help me ensure that ALL Children are regularly educated, schooled, and provided for in mainschool, specialist school, college, special hubs, or via s19 (Eduction Act 1996), alternative education, and EOTISC.

SEND Children and Young People with Complex Health, Disabilities, Rare Diseases, ASD, Mental Health, ADHD, PANS/PANDAS, Syndromes, and Learning Needs, etc, are part of (ALL CHILDREN).

Enough is enough. Children are legally entitled to education suitable to meet their needs; The UK Government must act lawfully.

Thank you