The UK government’s recent proposals to reform the special educational needs and disabilities (SEND) system in England have sparked significant concern among advocacy groups. A leading charity, the Independent Provider of Special Education Advice (IPSEA), warns that the changes could undermine vital legal protections for children and young people requiring additional support. The reforms were outlined last month in a broader Schools White Paper, a policy framework aimed at reshaping educational legislation.
Reforms Under Scrutiny
IPSEA has voiced strong objections to the proposed SEND reforms, stating that they threaten to weaken the legal rights currently afforded to children with special educational needs. Madeleine Cassidy, IPSEA’s chief executive, expressed cautious support for certain aspects of the plans, such as increased funding for mainstream schools. However, she emphasised that these improvements could be achieved without compromising the legal entitlements families currently rely on.
“Legal rights are not optional extras,” Cassidy asserted. “Any new system must ensure that support is statutory, enforceable, and backed by a clear right of appeal. If reform is to rebuild confidence with families, it must strengthen and not strip away the protections that children and young people depend on.”
Under existing legislation, parents can apply for an education, health and care plan (EHCP) if their child needs more support than is typically available in mainstream education. Currently, 639,000 young people up to the age of 25 have EHCPs in England, a figure that has more than doubled in the past decade. The proposed reforms, however, would limit EHCP eligibility to only those with the most complex needs by 2035, potentially altering the landscape of support for many.
New Individual Support Plans and Legal Rights
One of the key components of the proposed reforms is the introduction of Individual Support Plans (ISPs), which would grant all children with SEND the legal right to a tailored plan. The government describes these plans as “flexible” and designed to outline daily needs, extending legal rights to the estimated 1.2 million children with special educational needs who currently do not have an EHCP.
However, IPSEA has raised concerns about the enforceability of these ISPs, warning that without a clear legal obligation to fulfil the provisions outlined, they may not offer the necessary protection. According to IPSEA, “A plan without enforceable provision is not protection.” Moreover, the proposed system would require parents to navigate a new school complaints procedure before escalating issues to the Department for Education (DfE), potentially complicating the process of securing necessary support.
Changes to SEND Tribunals
Another contentious aspect of the reforms pertains to the proposed alterations to SEND tribunals. In 2024/25, there were approximately 25,000 cases in which parents challenged the support offered by local authorities, with over 95% of cases resulting in favourable outcomes for families. The current system allows judges to make binding decisions regarding school placements, potentially overriding local authority objections.
However, the new proposals are perceived as a significant reduction in families’ rights. Critics argue that the changes would diminish the tribunal’s power to designate specific schools, thus granting local authorities increased control over placement options. This shift could lead to more children being left without access to suitable educational environments tailored to their individual needs.
Upcoming Demonstrations and Public Response
In response to these proposed changes, plans for national demonstrations are underway, led by the Save Our Children’s Rights campaign—a coalition that includes IPSEA. The demonstrations are set to unfold in the coming weeks, coinciding with the public consultation period for the reforms. The campaign’s aim is to advocate for a reform process that strengthens rather than diminishes the legal foundations essential for the welfare of children and young people with SEND.
A spokesperson for the DfE has countered these concerns, asserting that the reforms are designed to enhance support for vulnerable children. “Our planned reforms are backed by £4 billion to improve early intervention and ensure that the right support is available when families need it, without a fight. Parents will never be left without a route to challenge decisions about their child’s legal support, including through the SEND Tribunal.”
The government maintains that for the first time, all educational settings will have a legal duty to provide each child with SEND an Individual Support Plan, which would be a digital record of support developed in collaboration with parents, while EHCPs will remain a vital aspect of the system for those requiring it.
Why it Matters
The proposed SEND reforms represent a pivotal moment in the landscape of educational support for children with special needs in England. As concerns mount over the potential erosion of legal protections, it is imperative that the government listens to the voices of families and advocacy groups. The implications of these changes extend beyond policy; they impact the lives of countless children and young people who rely on adequate support to thrive in educational settings. Ensuring a robust framework that upholds their rights is essential for fostering an inclusive and equitable educational environment.
