Recent proposals from the UK government aimed at reforming the special educational needs and disabilities (SEND) system in England have sparked significant concern among advocacy groups. The Independent Provider of Special Education Advice (IPSEA), a charity with expertise in SEND law, has warned that these reforms could undermine the legal protections currently afforded to children and young people requiring additional support.
Reforms Under Scrutiny
The proposed changes were unveiled last month as part of a comprehensive Schools White Paper, which outlines a series of legislative measures. IPSEA has expressed alarm that the reforms threaten to dilute individual rights to support for children with special educational needs. The charity’s chief executive, Madeleine Cassidy, acknowledged some positive aspects of the reform, such as increased funding and enhanced specialist support within mainstream schools. However, she argued that these improvements could be achieved without compromising the legal entitlements that families depend upon.
“Legal rights are not optional extras,” Cassidy stated emphatically. “Any new system must ensure that support is statutory, enforceable, and accompanied by a clear right of appeal. If reform is intended to rebuild trust among families, it must enhance, rather than erode, the protections that children and young people rely on.”
Implications of Education Health and Care Plans
Under the current framework, parents or guardians can apply for an education, health and care plan (EHCP) if their child requires more support than is typically provided in mainstream education. This plan details the child’s specific needs and outlines the necessary support. Currently, there are approximately 639,000 young individuals under the age of 25 with EHCPs in England, a figure that has more than doubled in the past decade.
However, the government plans to restrict EHCP eligibility by 2035, limiting it to children with the most complex needs. The proposed changes would see the legal entitlements outlined in new Individual Support Packages (ISPs) instead. IPSEA has raised concerns that this shift could mean that the support a child receives will depend more on the “band” of package they qualify for rather than their specific needs.
New Individual Support Plans: A Step Backward?
The reforms also introduce ISPs for all children and young people with SEND, which the government claims will expand legal rights to an additional 1.2 million children who currently do not have an EHCP. These ISPs are described as “flexible” plans designed to outline daily support needs. However, IPSEA warns that the legal protections associated with ISPs may not be as robust as those linked to EHCPs.
A significant concern is the absence of an enforceable obligation to ensure that provisions outlined in an ISP are delivered. As Cassidy pointed out, “A plan without enforceable provision is not protection.” Furthermore, if parents wish to contest an ISP, they will now be required to navigate a new school complaints system before escalating their concerns to the Department for Education (DfE).
Potential Changes to SEND Tribunals
The proposed reforms to SEND tribunals have also drawn criticism. In the 2024/25 period, a record 25,000 cases were brought to tribunal as parents challenged the level of SEND support offered by local councils, with over 95% of these cases being successful for families. Currently, SEND tribunal judges possess the authority to designate specific schools for children, overriding local authority decisions. Under the new proposals, however, this power appears to be weakened, potentially granting local authorities greater control over school placements and limiting the options available to families.
Grassroots Campaigning and Public Response
In light of these proposed changes, plans for national demonstrations have emerged, spearheaded by the Save Our Children’s Rights campaign—a coalition of organisations, including IPSEA. These protests are set to take place in the coming weeks while the consultation period remains open. The coalition aims to ensure that any reforms reinforce, rather than diminish, the legal frameworks that protect the rights of children with SEND.
Responding to these concerns, a spokesperson for the DfE reaffirmed the commitment to enhancing support, citing a £4 billion investment aimed at improving early intervention and ensuring that families receive the necessary assistance without undue struggle. The DfE also insisted that parents would not be left without avenues to challenge decisions regarding their child’s legal support, including through the SEND Tribunal.
Why it Matters
The impending reforms to the SEND system represent a critical juncture in how educational support is provided to vulnerable children in England. While the government argues that these changes will enhance rights and accessibility, many advocates fear that the proposed measures could erode existing legal protections. The outcome of this debate will significantly impact not only the lives of children with SEND but also the broader landscape of educational equity in the UK. As public consultations continue, the voices of parents and advocacy groups will be essential in shaping a system that genuinely meets the needs of all children.
