The government’s recently unveiled proposals to reform the special educational needs and disabilities (SEND) framework in England have elicited strong criticism from advocacy groups, who assert that these changes could undermine essential legal protections for vulnerable children. The Independent Provider of Special Education Advice (IPSEA), a charity dedicated to supporting families navigating SEND law, has voiced significant concerns about the implications of these reforms.
Reforms Under Scrutiny
The proposed reforms, part of a broader Schools White Paper released last month, aim to reshape the support system for children with SEND. Education Secretary Bridget Phillipson has promised that every child will receive the necessary support “as routine and without a fight.” However, IPSEA fears that the measures could diminish the legal rights currently afforded to families seeking assistance for their children.
Madeleine Cassidy, IPSEA’s chief executive, acknowledged the potential benefits of increased funding and specialist support in mainstream schools but emphasised that such improvements should not come at the cost of eroding existing legal rights. “Legal rights are not optional extras,” she stated. “Any new system must ensure that support is statutory, enforceable, and backed by a clear right of appeal.”
Changes to Education, Health and Care Plans
Under the existing legislation, parents of children requiring additional support can apply for an education, health and care plan (EHCP), which outlines the specific needs of the child and the corresponding support they are entitled to receive. Currently, approximately 639,000 young people, aged up to 25, hold EHCPs—a figure that has more than doubled in the past decade.
The government’s proposal suggests that by 2035, only those with the most complex needs will qualify for EHCPs. Instead, new specialist provision packages will dictate the level of support available, potentially creating a system where assistance is determined by arbitrary “bands” rather than individual requirements.
Legal Rights and Individual Support Plans
The proposed reforms also introduce Individual Support Plans (ISPs) for all children with SEND, which are intended to outline daily support needs. However, IPSEA has raised concerns regarding the strength of the legal rights associated with ISPs, suggesting they may not offer the same protections as existing EHCPs. The charity argues that without a clear, enforceable obligation to provide the support outlined in an ISP, these plans could lack real efficacy.
Moreover, the complaints process for parents dissatisfied with an ISP has been altered. Instead of directly appealing to the Department for Education (DfE), families must first navigate a new school complaints system, potentially complicating their ability to secure necessary support. IPSEA has characterised the changes to special needs tribunals as a “disastrous weakening” of families’ existing rights, noting that parents won an overwhelming 95% of cases in the previous year.
Planned Protests and Ongoing Consultation
In response to these proposed changes, there are plans for national demonstrations led by the Save Our Children’s Rights campaign, which includes IPSEA among its coalition of organisations. These protests aim to ensure that any reforms to the SEND system enhance, rather than diminish, the legal foundations vital for children with SEND. The consultation period for the proposed reforms is set to remain open until mid-May, allowing for public feedback and scrutiny.
At the time of the White Paper’s release, Phillipson reiterated the government’s commitment to creating a more inclusive education system, aimed at improving life chances for children with SEND. She asserted that the reforms would transition these children from being sidelined to being “seen, heard, and included.”
Why it Matters
The outcome of these proposed SEND reforms is critical, as they directly impact the rights and support available to children who depend on these essential provisions. Advocates argue that weakening legal protections could lead to increased disparities in educational outcomes and a lack of adequate support for some of the most vulnerable children in society. As the consultation period unfolds, the voices of families and advocacy groups will be crucial in shaping a system that truly meets the needs of all children.
