The government’s latest proposals for reforming the Special Educational Needs and Disabilities (SEND) system in England have drawn sharp criticism from advocacy groups, with one charity claiming these changes could fundamentally undermine the legal protections afforded to children and young people requiring additional support. The Independent Provider of Special Education Advice (IPSEA) has highlighted significant concerns regarding the potential erosion of rights under the proposed framework, which was unveiled last month as part of a larger Schools White Paper.
Potential Erosion of Rights
IPSEA, a charity dedicated to supporting families navigating SEND law, argues that the government’s reforms could diminish the individual entitlements to support that children currently possess. The Department for Education (DfE) has countered these assertions, stating that the reform package is intended to broaden children’s rights and provide parents with robust avenues to contest decisions made regarding their child’s support.
Madeleine Cassidy, CEO of IPSEA, acknowledged certain positive aspects of the reforms, such as increased funding for mainstream schools and enhanced specialist support. However, she insisted that these improvements should not come at the expense of the legal rights that families depend on. “Legal rights are not optional extras,” Cassidy remarked, emphasising the necessity for any new system to ensure that support remains statutory, enforceable, and comes with 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,” she added.
Changes to Education, Health, and Care Plans
Under the current regulations in England, parents or guardians can apply for an Education, Health and Care Plan (EHCP) if their child requires more assistance than is typically available in mainstream educational settings. These plans outline specific needs and the corresponding support. As of now, approximately 639,000 young people aged 25 and under have EHCPs, a figure that has more than doubled in the past decade.
However, the government’s proposal indicates that by 2035, only children with the most complex needs will qualify for EHCPs. Instead, support will be detailed in new specialist provision packages. IPSEA has expressed alarm that this could lead to a system where the level of support offered is determined by the classification of the package rather than the unique needs of each child.
Individual Support Plans: A Step Back?
The reform introduces Individual Support Plans (ISPs) for all children and young people with SEND, which the government describes as adaptable plans setting out daily requirements. While this expansion would legally cover 1.2 million additional children, IPSEA is concerned that the rights associated with ISPs may not provide the same level of protection as those linked to EHCPs. The charity warns that without enforceable obligations to deliver the provisions outlined in ISPs, families may find themselves without adequate safeguards.
Moreover, parents dissatisfied with their child’s ISP would be compelled to navigate a new school complaints process before escalating issues to the DfE. This step, according to IPSEA, represents a significant weakening of families’ existing rights, which could impede their ability to secure necessary support.
Implications for SEND Tribunals
The planned changes to SEND tribunals have also raised eyebrows. In the 2024/25 period, a record 25,000 cases were brought to tribunals by parents contesting the level of support offered by local authorities, with over 95% of those cases resulting in favourable outcomes for parents. Currently, SEND tribunal judges possess the authority to mandate specific school placements, irrespective of local authority preferences. However, under the proposed reforms, it appears that this power may be curtailed, thereby granting local authorities enhanced control over placement options. This shift could lead to increased instances of children being left without appropriate educational settings.
In response to the government’s White Paper, plans for national demonstrations have been announced, spearheaded by the Save Our Children’s Rights coalition, which includes IPSEA. These demonstrations are intended to advocate for reforms that bolster, rather than weaken, the legal protections essential for children with SEND.
The DfE has reiterated its commitment to the reforms, asserting that they are underpinned by a £4 billion investment aimed at improving early intervention and ensuring that families receive appropriate support without unnecessary conflict. The government maintains that all educational settings will be required to provide an Individual Support Plan for every child with SEND, while EHCPs will continue to play a critical role in the system for those who need them.
The consultation period regarding these proposals is open until mid-May, allowing for public feedback and discussion.
Why it Matters
The proposed reforms to the SEND system hold significant implications for the rights and protections of children with special educational needs across England. With the potential to reshape the framework of support, it is crucial that any changes prioritise the needs of families and ensure that legal rights are not eroded. As public demonstrations loom and advocacy groups mobilise, the government’s approach will be closely scrutinised, underscoring the importance of maintaining a robust system that guarantees equitable access to educational resources for all children.
