The government’s recent proposals to overhaul the special educational needs and disabilities (SEND) framework in England have sparked alarm among advocacy groups. The Independent Provider of Special Education Advice (IPSEA), a charity dedicated to assisting families navigating SEND laws, has warned that these reforms could diminish crucial legal protections for children and young people who require additional support.
Proposed Changes and Their Implications
The SEND reforms were unveiled as part of a broader Schools White Paper released last month, which outlines the government’s legislative agenda for education. However, IPSEA has expressed concerns that the changes will significantly weaken the rights of families to access necessary support. The charity’s chief executive, Madeleine Cassidy, highlighted that while certain aspects of the reforms, such as increased funding for mainstream schools, are commendable, they should not come at the expense of existing legal rights.
“Legal rights are not optional extras,” Cassidy stated. “Any new system must ensure that support is statutory, enforceable and backed by a clear right of appeal.” She emphasised that to regain the trust of families, the reforms must focus on strengthening protections rather than eroding them.
Under the current system, parents or guardians can apply for an Education, Health and Care Plan (EHCP) if their child requires more support than what is typically available in mainstream education settings. This plan outlines the specific support their child is entitled to, and as of now, over 639,000 youths up to the age of 25 hold an EHCP—a figure that has more than doubled over the past decade.
However, the government’s proposals indicate that by 2035, only children with the most complex needs will be eligible for EHCPs. Instead, support will be defined within new specialist provision packages, raising concerns that the assistance children receive may depend more on the package they fall into rather than their unique requirements.
New Individual Support Plans: Are They Enough?
The reforms introduce Individual Support Plans (ISPs) for all children and young people with SEND, claiming to expand legal rights to the estimated 1.2 million children who currently do not have an EHCP. These ISPs are described as “flexible” documents that outline daily needs; however, IPSEA warns that the legal framework surrounding these plans is less robust than that of EHCPs.
One significant concern is the absence of a clear, enforceable obligation for schools to deliver the provisions specified in an ISP. As Cassidy pointed out, “A plan without enforceable provision is not protection.” Furthermore, the process for parents dissatisfied with their child’s ISP would be convoluted, requiring them to navigate a new school complaints system before escalating their concerns to the Department for Education (DfE).
IPSEA has also condemned proposed changes to SEND tribunals, labelling them a “disastrous weakening” of families’ current rights. In the 2024/25 period alone, over 25,000 tribunal cases were registered, with parents winning more than 95% of the disputes. The new guidelines appear to strip judges of the power to mandate specific school placements, potentially leaving local authorities with greater control over educational placements and diminishing families’ choices.
Responses from the Government and Advocacy Groups
In light of these apprehensions, a spokesperson for the DfE asserted that the planned reforms are a “clear expansion of children’s rights.” The government has committed £4 billion towards enhancing early intervention and ensuring that appropriate support is accessible. They have reassured parents that they will always have a means to challenge decisions regarding their child’s legal support, including through the SEND Tribunal.
Additionally, the government has emphasised that for the first time, all educational settings will be legally obligated to provide every child with SEND an Individual Support Plan, which is intended to be a digital record of the support provided, developed in collaboration with parents.
As the consultation period for the reforms remains open until mid-May, plans are underway for national demonstrations led by the Save Our Children’s Rights campaign, which includes IPSEA among its coalition partners. The demonstrations aim not to obstruct the proposed changes but to advocate for reforms that reinforce, rather than undermine, the legal foundations essential for children and young people with SEND.
Why it Matters
The planned reforms to the SEND system have significant implications for the rights and support of vulnerable children in England. As the government seeks to modernise educational provisions, it is crucial that any changes not only maintain but enhance the legal protections that families rely on. The outcome of these reforms could set a precedent for how children with special educational needs are supported in the future, making it imperative that the voices of families and advocacy groups are heard and considered in the decision-making process.
