Inquiry into SEND spying scandal could still happen says education chief

After last week’s U-turn, there’s a new olive branch to SEND parentsParents and pupils turned out at College Green in Bristol on Thursday for a rally to increase funding in the education sector for children with special needs(Image: James Beck/Freelance)

The council chief in charge of education in Bristol has resurrected the possibility of a formal inquiry into the scandal of council officers spying on the parents of children with special needs – just a week after she defended the officers and questioned the need for one. In a statement, Cllr Cllr Christine Townsend invited Labour councillors calling for an inquiry to work with her and officers to propose what that inquiry would look like, but pointed out that many of those Labour councillors didn’t vote for one when they were in power.

But a Labour councillor and SEND parent who called for an inquiry last month said Cllr Townsend’s new statement on the scandal was ‘disappointing’, and claimed the education chief was still ‘deflecting blame and further delaying justice’.

Cllr Townsend, the chair of the council’s education committee, rebuffed renewed calls for an inquiry, during a committee meeting at the end of June, and questioned whether what happened should be considered ‘spying’ at all, since the council officers were collecting information from social media posts that could be viewed by anyone. That U-turn came as a shock, because Cllr Townsend (Green, Southville) was one of the more vocal councillors calling for an inquiry and supporting the parents involved, while she was an opposition councillor before 2024.

Now, though, she has issued something of an olive branch to Cllr Kerry Bailes (Lab, Hartcliffe & Withywood) who told a committee last week that she discovered she was one of the SEND parents whose social media had been monitored.

In a statement to the Bristol Post, Cllr Townsend pointed out that the Labour councillors calling for an inquiry now hadn’t made one happen before. “The actions of the previous Labour Mayoral administration have resulted in more than one legal case being brought against the council by the parents and carers of SEND children,” she said.

“Several have said to have been in relation to the viewing and collating of social media data from the parents of SEND children, which has been widely reported on.

“These cases have now been settled, which opens the way for the next steps, which could include an independent investigation into these allegations, as voted for at full council,” added Cllr Townsend.

“Labour did not deliver an external investigation during their time in office, in fact they did not vote for the proposal at all. Instead, their internal investigation from 2022, published under the previous Labour Administration, can be found here.

“Following discussion in the Children and Young People’s Policy Committee, officers have asked for further evidence relating to the allegations of more recent or ongoing concerns. The Council will investigate any concerns and act if it is found that there has been anything inappropriate in breach of our policies.

“At a recent meeting of the committee, Cllr Bailes spoke passionately about her experiences as a parent of a child with SEND. Despite not voting at Full Council for an independent investigation at the time, Cllr Bailes is now asking for just that. I have known Cllr Bailes for many years and know that she is authentic and passionate about the quality of SEND educational services and a continual advocate for the ward she represents.

“I invite Cllr Bailes and her political colleagues to work with the appropriate officers to bring their proposals to the committee outlining the next steps. I hope that my Labour colleagues will also be able to encourage members from the previous administration into engaging with the process for completeness.

“The final decision on how to take this forward, following any proposals being put forward, must be made by a vote of the committee.

“Following a significant rise in needs of children with SEND, we are all dedicated to supporting these most vulnerable children and young people. I am committed to supporting our team to be entirely focused on doing just that and would invite all Councillors to support us in this effort,” she added.

What is the Bristol SEND spying scandal?

The scandal of the council ‘spying’ on the parents of children with special education needs and disabilities (SEND) erupted back in 2021 and 2022.

Parents of SEND children discovered council officers had been monitoring their personal social media profiles and posts, gathering and sharing information around City Hall. The monitoring started because some of the parents were part of an official council consultation group, while at the same time expressing opinions about the shocking failures of the council’s SEND systems – failures which continue today.

The monitoring evidence was ultimately used to end the council’s association with the parents’ group, but shocked many in the city when it was revealed in a series of Freedom of Information requests and access requests from the parents involved.

Several of them took legal action against the council, and joined calls for a public inquiry into what happened. Councillors agreed there should be an inquiry, but it never happened under the old Labour administration, and still hasn’t under the new Green Party-led council in the past 14 months.

In a debate back in October 2022, Cllr Townsend – then in opposition – called for an inquiry. “The powers and resources used to investigate our citizens must be used with very strict boundaries and ensured that it doesn’t become an abuse of power or a method to silence,” she said at the time. “Weaponising power to silence and defund is a path to authoritarianism.

Christine Townsend(Image: Christine Townsend)

“It’s my belief that this is why an independent investigation is needed. There was found to be no formal process followed for gaining internal legal permission to undertake this collection of material. It involved cross-referencing social media accounts and the collation of an evidence bundle that was then used by the lead for education.

“While we were told that no elected members authorised this, it suggests to me that such practices were assumed to be normalised under the political leadership of this organisation. In the words of Tony Benn, those who sacrifice their view in order to get to the top, very often leave no footprint in the sand. It’s those boat-rockers who are the ones who build the craft,” she added.

But last week, after Cllr Kerry Bailes (Lab, Hartcliffe) spoke of how she had been a victim of the SEND parent spying scandal herself, Cllr Townsend said she didn’t like to refer to it as ‘spying’ because all the posts were in the public domain, and questioned the need for an inquiry.

Cllr Kerry Bailes’ response

In a strongly-worded response to Cllr Townsend’s statement, Cllr Kerry Bailes questioned why officers ‘now needed further evidence’, when the council had agreed an independent investigation should take place more than a year ago.

“Cllr Townsend’s statement is a disappointing attempt to deflect blame and further delay justice for Bristol’s SEND families,” she said.

“Over a year on, the Green Party’s promise of an independent investigation into council officers spying on parent carers remains nothing more than empty words. They campaigned on a platform that explicitly called for this investigation, portraying themselves as champions of transparency, yet we are witnessing a clear u-turn on yet another promise made to Bristol residents.

Kerry Bailes(Image: James Beck/Freelance)

“Cllr Townsend points out I didn’t vote for (or against) the independent investigation, and she is correct. My vote wasn’t needed because I, like many other parent carers and the public, already know the facts,” she added.

“The evidence of council officers gathering information to profile parent carers campaigning under the Bristol SEND Alliance is publicly available and abundantly clear.

“This was not about safeguarding concerns, as suggested by some, but about suppressing legitimate concerns from parents fighting for their children’s right to an appropriate education. These parent carers were instrumental in campaigning for essential improvements to EHCPs and to address the ‘fractured’ parent-carer relationship so critically identified by Ofsted.

“We might be ‘boat-rockers’ for demanding justice for our children, but in reality, we are the ones desperately trying to stop the ship from sinking.

“As a parent carer whose child relies on these critical services, and as a councillor, I myself was among those targeted. It is abhorrent that the Council spied on me and others who dared to speak truth to power. This isn’t just wrong; it’s a chilling warning about what happens when parent voices, often the most vulnerable, are treated as threats instead of valued partners.

“To suggest officers now need ‘further evidence relating to more recent or ongoing concerns’ is a smoke screen designed to delay accountability. The issue isn’t a lack of evidence; it’s a lack of political will to act on what is already known.

“The Green Party needs to stop hiding behind the committee system and the complexities of governance. They promised an independent investigation, they called for one, and it is high time they deliver it,” she said.

“The cases referred to by Cllr Townsend being settled does not remove the need for this investigation; it simply clears the path for the long-overdue transparency and accountability that Bristol deserves.

“The time for discussions, further evidence requests, and committee manoeuvres is over. The Green Party must honour their commitment and ensure the independent investigation they promised is finally carried out with a confirmed timeline. My commitment remains with Bristol’s SEND families, and I urge the Green Party to finally put action ahead of excuses and deliver on their word,” she added.

Inquiry into SEND spying scandal could still happen says education chief

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