Plans from the UK government to reform the Special Educational Needs and Disabilities (SEND) framework in England have sparked significant concern from advocacy groups, who argue that these changes may undermine essential legal protections for children and young people requiring additional support. The Independent Provider of Special Education Advice (IPSEA), a charity dedicated to advising families on SEND law, has voiced strong apprehensions about the potential impact of these reforms, which were introduced as part of a broader Schools White Paper last month.
Legal Protections at Risk
The proposed changes have been described as a shift that could “strip away” established rights for families, according to IPSEA’s chief executive, Madeleine Cassidy. While she acknowledged certain positive aspects of the reforms—such as increased funding and support for mainstream schools—Cassidy raised an important point: these enhancements should not come at the cost of the legal rights that families depend 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.” She stressed that if the government aims to restore confidence among families, the reforms must enhance, not diminish, the protections in place for children and young people with SEND.
Currently, parents can apply for an Education, Health and Care Plan (EHCP) if their child requires more support than is typically available in mainstream settings. This plan details the necessary assistance and guarantees the legal right to such support. Presently, over 639,000 individuals up to the age of 25 hold EHCPs in England—a figure that has more than doubled in the last decade.
The Shift Towards Individual Support Plans
Under the new proposals, the government aims to restrict EHCPs to only those children with the most complex needs by 2035, instead introducing Individual Support Plans (ISPs) for all children with SEND. Although the government purports that ISPs will offer a flexible approach to addressing the day-to-day requirements of these children, IPSEA is concerned that the legal entitlements associated with ISPs may not provide the same level of protection as EHCPs.
Cassidy emphasised that without enforceable provisions, having a plan alone does not equate to adequate protection. Furthermore, the proposed complaints process for parents dissatisfied with their child’s ISP may involve navigating a new school complaints system before they can escalate their grievances to the Department for Education (DfE). This change could add layers of complexity for families already facing challenges in securing appropriate support.
Concerns Over Tribunal Powers
The planned restructuring of special needs tribunals has also raised alarms. In 2024/25, there were 25,000 cases brought before these tribunals, with parents winning over 95% of the time. Currently, tribunals have the authority to mandate specific school placements, providing a crucial avenue for families to secure the necessary resources for their children. However, the new proposals might limit this power, granting local authorities greater control over school placements and potentially jeopardising the individual needs of children.
IPSEA warns that if local authorities can only present families with a list of schools to choose from, many children may be left without suitable educational placements. This alarming prospect highlights the critical need for families to have robust options in the education system.
Growing Opposition and Calls for Change
In response to the proposed reforms, there are plans for nationwide demonstrations led by the Save Our Children’s Rights campaign, a coalition of organisations, including IPSEA. These demonstrations are not intended to resist change outright but to advocate for reforms that reinforce, rather than erode, the legal protections essential for children and young people with SEND.
The DfE has defended its proposals, stating they are backed by a £4 billion investment aimed at improving early intervention and ensuring that families receive the right support without unnecessary struggles. A spokesperson insisted that parents will always have avenues to challenge decisions concerning their child’s legal support, including through the SEND Tribunal. Additionally, the government asserts that all educational settings will have a legal obligation to provide an Individual Support Plan for every child with SEND.
The consultation period for these changes remains open until mid-May, inviting feedback from families and professionals alike.
Why it Matters
The proposed reforms to the SEND system in England have significant implications for the rights and protections of vulnerable children and young people. As families navigate the complexities of securing educational support for their children, any weakening of legal safeguards could leave them more vulnerable to inadequate care. It is essential for policymakers to listen to the concerns raised by advocacy groups and ensure that any changes to the system genuinely enhance the rights and experiences of those who depend on it. Ensuring that every child receives the support they need is not just a legal obligation; it is a moral imperative that reflects our values as a society.
