In recent years, education and family policy in the UK has sought to incorporate the views of children and young people through an active participation agenda, in the fulfilment of children's rights under the obligations of the UN Convention for the Rights of the Child. Drawing on empirical evidence, this paper suggests that this aspiration is flawed. The inclusion of young people's voices in decision-making is context dependent, and influenced by individual relationships, both positive and negative. It is framed by policies that subjugate children within disciplinary technologies that determine a regime of "truth" about effective and appropriate participation. Drawing on data gathered as part of a wider study on the relationships between services users and services providers in special educational needs, this paper demonstrates that active inclusion of the voice of the child can be illustrated to be at least variable, and at worst prejudiced. It is suggested that the notion of participation produces tacit forms of "government" that further classify and divide young people, magnifying their marginalization.