News

14 May 2026

The Children’s Law Centre (CLC) has submitted detailed evidence to the Northern Ireland Assembly’s Education Committee on the proposed Education (Special Educational Needs) Regulations (NI) 2026.

While recognising the need for reform and acknowledging years of engagement between stakeholders and the Department of Education, CLC warns that the current proposals risk weakening protections for children with special educational needs and disabilities (SEND) if significant concerns are not addressed before the regulations proceed.

CLC’s submission concludes that the information provided to the Committee is currently “not sufficiently accurate” and “incomplete”, and that there is a strong possibility of unintended consequences for children and young people.

A Weakening of Children’s Rights

CLC’s submission warns that parts of the proposed SEND framework could unintentionally weaken existing legal protections for children and young people with special educational needs and disabilities.

A major concern relates to proposed changes to the format and content of Statements of SEN. CLC argues that amendments to how special educational provision is recorded could reduce the level of specificity in statements, weaken health provision within statements and make support less clearly defined and potentially harder to enforce in practice.

Parental Voices Being Removed

CLC also raises serious concerns about the proposed removal of parental “advice” from the statutory assessment process. Whilst parents will still be able to provide evidence, the submission argues that parental advice is often essential in ensuring a child’s needs are fully understood and accurately reflected within statements of SEN.

Reducing the formal role of parental advice risks weakening the quality of assessments and provision planning, while also diminishing the voice of families within the SEND process. CLC notes that the High Court has previously warned against the dangers of devaluing parental evidence in SEN decision making.

Weakening and Delay of Support to Children

The submission warns that the current trajectory of the wider transformation changes may conflict with the clear intention of the Northern Ireland Assembly when passing the SEND Act (NI) 2016, which sought to strengthen co-operation between education and health services and improve the specification of provision for children with SEND. It also fails to address significant criticisms in numerous reports, including operational failings around early identification, intervention and assessment, with heavily bureaucratic systems creating barriers when accessing support.

The Risk of Judicial Review

CLC raises concerns that some elements of the revised Regulations and Code of Practice may unintentionally undermine rights and protections contained within primary legislation, including the Education (NI) Order 1996 and the SEND Act (NI) 2016. Regulations cannot lawfully frustrate the purpose or intention of legislation passed by the Assembly and notes that failures in this regard could leave aspects of the framework vulnerable to Judicial Review.

Concerns over implementation

CLC also questions whether the education system is in a position to implement such extensive reform by September 2026, particularly given ongoing workforce pressures, existing delays within the SEND system and concerns raised by trade unions and sector organisations.

The submission states that introducing the revised framework in its current form could “increase bureaucracy and undermine existing legal rights and legal thresholds”.

Additional concerns raised include:

• Outdated impact assessments which do not reflect current pressures on schools and services.
• That professional recommendations are being restricted which conflicts with the professional duty of care.
• Concerns that responsibility for SEND provision may disproportionately shift from the Education Authority onto schools.

Recognition of positive engagement

Alongside its concerns, CLC acknowledges that the Department of Education has accepted and implemented several recommendations made during previous consultations. These include changes designed to strengthen access to justice and improve safeguards for young people.

Call for Further Scrutiny

The submission further highlights concerns that aspects of the revised SEND framework are already being introduced operationally, including through the Education Authority’s Graduated Response Framework and related processes, before the Regulations and revised Code of Practice have completed Assembly scrutiny and approval processes.

CLC argues this risks pre-empting democratic scrutiny and creating confusion across the education sector, particularly given the scale and complexity of the proposed changes.

CLC is urging the Education Committee to carefully scrutinise the proposals before they are laid before the Assembly. It further states that it is not possible to scrutinise such a high volume of documentation properly within a short time period and the Committee should consider recommending that the Department pause or withdraw the regulations until further work is completed.

The full submission outlines detailed legal and operational concerns across the proposed regulations and revised Code of Practice, focusing on ensuring that reforms strengthen, rather than weaken, children’s rights and access to support.

CLC remains committed to working collaboratively with the Department and Education Authority to ensure reforms genuinely improve outcomes for children and young people with SEND.

14 April 2026

The Children’s Law Centre (CLC) is seeking passionate, committed individuals to join our Board of Trustees and help shape the next phase of our organisation’s development.

This is an exciting time to join us. We are currently developing our new strategic plan and in 2027, CLC will mark 30 years of championing children’s rights in Northern Ireland. We are looking for people who share our vision of a society where all children and young people have their rights respected, protected, and fulfilled.

How to Apply

To apply, please submit:

• Your CV.
• A cover letter outlining why you are interested in becoming a Trustee and what you would bring to the role.
• A completed monitoring form.

Applications should be sent to: reception@childrenslawcentre.org

12 March 2026

The Children’s Law Centre (CLC) has presented evidence to the NI Assembly Committee for Communities as part of its scrutiny of the implementation of the Children’s Services Co‑operation Act (Northern Ireland) 2015 (CSCA).

During the session, CLC outlined the significant gap between the promise of the CSCA and the practical reality experienced by children and young people a decade after the legislation was enacted. While there has been some progress, including the adoption of a children and young people’s strategy and examples of effective joint working, CLC maintains that these developments are not yet embedded as a consistent, system‑wide approach to improving well‑being.

CLC’s Written Evidence Highlights Several Key Issues:

Lack of consistent, outcomes‑focused co‑operation

Reports on the operation of the Act show that cross‑departmental co‑operation is still often ad hoc, reactive and not clearly driven by the statutory duty set out in the CSCA.

Insufficient measurement of impact on children’s well‑being

Despite the intent of the Act, government has yet to demonstrate, through data, shared metrics or transparent reporting, how children’s well‑being has tangibly improved. The system remains stronger on describing activity than evidencing outcomes.

Barriers to pooling resources and aligning systems

Departments remain unclear or hesitant about the CSCA’s enabling powers and opportunities for deeper collaboration are being missed. Guidance exists, but it is under used in practice.

Need for meaningful engagement with children and young people

Comments from young people reinforce that children do not feel genuinely involved in shaping decisions that affect them. Participation remains inconsistent and often tokenistic.

What’s Next for the Children’s Services Co-operation Act?

The second decade of the CSCA must focus on implementation, measurement and accountability, with a renewed commitment to co‑operation rooted in children’s rights. This includes:

• Establishing shared indicators of well‑being
• Transparent data collection
• Stable long‑term planning
• Co‑designing improvements with children and families.

CLC will continue to work with decision makers, duty bearers and young people to ensure the Act reaches its full potential as a system wide driver for improving the lives of all children and young people in Northern Ireland.

02 March 2026

The Children’s Law Centre and South Tyrone Empowerment Programme (STEP) have jointly responded to the UK Government’s consultation on A Fairer Pathway to Settlement, raising serious concerns about the impact of the proposals on children and families.

In responding, the organisations describe the government’s proposals as “wrong, harmful and dangerous” and call for them to be withdrawn in their entirety.

CLC and STEP have warned that the proposals fail to meaningfully consider the UK’s obligations under the United Nations Convention on the Rights of the Child (UNCRC). The principle that the best interests of the child must be a primary consideration is not reflected in measures that would:

• Lengthen and prolong routes to settlement for many families, potentially across the entirety of a child’s childhood;
• Introduce or expand “no recourse to public funds” conditions, increasing child poverty and homelessness;
• Restrict family reunion routes;
• Apply changes retrospectively, penalising families for having lawfully accessed support; and
• Create additional barriers to children registering as British citizens.

Deirdre McAliskey, Policy and Engagement Manager at STEP said: “We firmly reject the concept of ‘earned settlement’. Tying settlement to income levels, volunteering requirements or past use of public funds risks creating a discriminatory, two-tier system that disproportionately harms children from low-income households, single-parent families and those with insecure immigration status.

“Children have no control over their family’s income, migration journey or immigration applications, yet would bear the long-term consequences of extended insecurity and restricted access to support.

“Settlement is not a reward to be earned but a necessary foundation for safety, stability and full participation in society.”

Fergal McFerran, Policy and Public Affairs Manager at the Children’s Law Centre said: “Longer and more complex routes to settlement such as those proposed by the UK Government will increase the risk of destitution, homelessness and exploitation.

“We urge the government to abandon the current proposals and replace them with fair and safe processes that uphold children’s rights and provide clear, timely routes to settlement. Fairness must mean protecting children from poverty, insecurity and discrimination – not embedding those risks into law.

“Children seeking safety in the UK deserve stability and dignity, not a childhood defined by uncertainty.”