An eight-year-old severely autistic, non-verbal girl is seeking a judicial review of the Government's consultation on its proposed special educational needs reforms, arguing the process is unlawful and unfair.

Jessica Hayhurst, represented by her mother Melissa Hayhurst, claims the consultation – published in February alongside the white paper Every Child Achieving and Thriving – fails to make clear that the proposals would reduce existing rights and protections for disabled children.

Her legal team at Rook Irwin Sweeney argues that key questions are absent from the consultation, and that some decisions may already have been effectively made.

The reforms propose significant changes to Education, Health and Care Plans (EHCP), restrictions on specialist provision, and reduced powers for the independent Tribunal.

Jessica's mother said families deserved a consultation that was ‘open, honest and genuinely meaningful.’ The family is asking the High Court to quash the consultation entirely.

Polly Sweeney, partner at Rook Irwin Sweeney, said: ‘Our client will argue that the Consultation has gone clearly and radically wrong to the extent it is unlawfully unfair. The legal grounds include that the consultation is misleading as it does not make these changes clear to consultees and instead presents the reforms as maintaining and strengthening existing rights, and that there is a wholesale failure to ask questions in the Consultation as to the changes to legal rights which it envisages.’

The Department for Education said it was proud of its ‘once-in-a-generation reforms’ and remained committed to hearing views from families and experts.

A Department for Education spokesperson said: ‘Listening to the views of families, campaigners and experts has been and continues to be critical as we develop these reforms, to put inclusion at the heart of education.

‘Ministers want to hear views on each and every element of the reforms. That’s why we’ve created different ways for people to get involved and have their say across the full set of proposals, including hosting events and roundtables across the country, as we work together to improve outcomes for every child.’