The government’s recent proposals to reform the special educational needs and disabilities (SEND) system in England have ignited significant concern among advocacy groups. The Independent Provider of Special Education Advice (IPSEA), a charity focused on SEND law, has raised alarms that the planned changes could effectively diminish legal protections for vulnerable children and young people who require additional support.
Overview of Proposed Reforms
The reforms were unveiled last month as part of a wider Schools White Paper, a comprehensive policy document outlining legislative intentions. The government’s spokesperson insisted the changes represent “a clear expansion of children’s rights,” assuring parents that they will maintain avenues to contest decisions affecting their children’s educational needs. However, IPSEA’s chief executive, Madeleine Cassidy, cautioned that while some elements of the reforms may be beneficial—such as increased funding and specialist support in mainstream schools—the legal rights that families depend upon should not be compromised.
“Legal rights are not optional extras,” Cassidy emphasised. “Any new system must ensure that support is statutory, enforceable, and backed by a clear right of appeal.”
Impact on Education, Health, and Care Plans
Currently, if a child requires more assistance than what is typically provided in mainstream education, parents can apply for an Education, Health and Care Plan (EHCP). This plan details the child’s needs and specifies the support they are entitled to receive. Presently, there are 639,000 young people in England with EHCPs, a figure that has more than doubled over the past decade.
Under the new proposals, by 2035, only children with the most complex needs will qualify for EHCPs. Instead, support will be categorised into new specialist provision packages, which may lead to disparities based on the “band” of package assigned, rather than individual needs. This shift raises concerns that the focus will move away from personalised support towards a more standardised approach that could overlook specific requirements.
Changes to Individual Support Plans
The proposed reforms will introduce Individual Support Plans (ISPs) for all children and young people with SEND, expanding legal rights to approximately 1.2 million children who currently do not have an EHCP. However, IPSEA argues that the legal rights associated with ISPs are weaker than those linked to EHCPs.
While ISPs are described by the government as “flexible” plans that outline day-to-day needs, IPSEA warns that there will be no enforceable obligation to deliver the provisions outlined in these plans. Cassidy pointed out that “a plan without enforceable provision is not protection.” Furthermore, a parent dissatisfied with their child’s ISP must navigate a new school complaints procedure before escalating the matter to the Department for Education (DfE), potentially complicating an already challenging process.
Concerns Over Tribunal Rights
Another contentious aspect of the proposed reforms is the alteration of the special needs tribunal system, which IPSEA has characterised as a significant erosion of families’ existing rights. In the 2024/25 period, a record 25,000 appeals were filed by parents challenging the level of SEND support provided by local councils, with over 95% of those cases resulting in a favourable outcome for families.
Currently, SEND tribunal judges have the authority to mandate specific school placements, overriding local authority recommendations. However, the new proposals appear to limit this power, granting local authorities greater control over placement decisions and potentially leaving children without suitable educational options tailored to their unique needs.
Planned Demonstrations and Community Response
In response to the proposed reforms, the Save Our Children’s Rights campaign—a coalition that includes IPSEA—has announced plans for national demonstrations. These events, scheduled to occur in the coming weeks during the consultation period, aim to advocate for a reform process that reinforces, rather than undermines, the legal foundations essential for supporting children and young people with SEND.
In light of these concerns, the DfE reaffirmed its commitment to a £4 billion investment aimed at enhancing early intervention and ensuring that families receive the necessary support without undue struggle. The government insists that parents will always have a pathway to challenge decisions regarding their child’s legal support, including through the SEND Tribunal.
Why it Matters
The proposed reforms to the SEND system have profound implications for the rights and well-being of children with special educational needs in England. As the landscape of support shifts, the potential erosion of legal protections raises critical questions about equity and access to education for some of the most vulnerable members of society. Ensuring that reforms strengthen, rather than weaken, these protections is vital for fostering an inclusive educational environment that meets the diverse needs of all students.
