The government’s proposed reforms to the special educational needs and disabilities (SEND) system in England have sparked significant alarm among advocacy groups, with one charity cautioning that these changes may undermine crucial legal protections for children requiring additional support. The Independent Provider of Special Education Advice (IPSEA) has voiced strong opposition to the government’s plans, which were unveiled last month as part of a comprehensive Schools White Paper aimed at overhauling education policy.
A Shifting Landscape for SEND Support
Education Secretary Bridget Phillipson has pledged that every child will receive “brilliant support” without the need for a battle. Yet, IPSEA’s chief executive, Madeleine Cassidy, while acknowledging some positive aspects of the reforms—such as increased funding and specialist resources for mainstream schools—argues that these improvements could be achieved without compromising the legal rights that families depend on.
“Legal rights are not optional extras,” Cassidy stated emphatically. She insists that any new framework must ensure that support is not just available, but also statutory, enforceable, and feature a clear right of appeal. “If reform aims to restore trust with families, it must enhance, not diminish, the protections that children and young people rely on.”
The Proposed Changes and Their Implications
Currently, families can apply for an education, health and care plan (EHCP) if their child requires more assistance than what is typically available in mainstream schools. This document delineates their child’s specific needs and the corresponding support required. At present, approximately 639,000 young individuals in England under the age of 25 hold EHCPs—a figure that has more than doubled over the past decade.
However, under the new plans, by 2035, only children with the most severe needs will be eligible for EHCPs. Instead, support will be categorised into new specialist provision packages, which may lead to assistance being determined by a child’s assigned “band” rather than their unique requirements.
IPSEA has raised concerns about the proposed Individual Support Plans (ISPs), which will be available to all children with SEND. While these plans are intended to offer a flexible framework outlining daily needs, the charity warns that they lack enforceable provisions. Without a clear legal obligation to fulfil the requirements outlined in an ISP, the protection it offers may be insufficient.
Parents unhappy with their child’s ISP will face a new complaints process through their school before escalating their grievances to the Department for Education (DfE), a move that IPSEA describes as a troubling reduction of existing rights.
Tribunal Changes Raise Further Alarm
One of the most concerning aspects of the proposed reforms is the anticipated alteration to special needs tribunals, which IPSEA describes as a severe weakening of familial rights. In the past year, a record 25,000 tribunal cases were lodged, with over 95% of parents winning their appeals against local councils regarding SEND support levels.
Currently, SEND tribunal judges possess the authority to mandate specific school placements, overriding local authority objections. However, under the new proposals, this power appears to be eroded, potentially granting local authorities increased control over placement options, which could leave many children without suitable educational settings.
Mobilising for Change
In response to these alarming developments, the Save Our Children’s Rights campaign—a coalition that includes IPSEA—has planned national demonstrations to coincide with the ongoing consultation period, which concludes in mid-May. Their objective is not to oppose the reforms outright but to advocate for modifications that reinforce, rather than weaken, the legal framework essential for children and young people with SEND.
As education secretary Phillipson maintains that the reforms will make mainstream schools more inclusive and offer better life opportunities for children, the debate continues. She asserts that the planned changes will transform the experience of children with SEND from being sidelined to being “seen, heard, and included.”
Why it Matters
The proposed reforms to the SEND system could reshape the educational landscape for countless children and young people, potentially depriving them of necessary support and protections. As families express legitimate concerns about the erosion of legal rights, the government must ensure that any changes bolster, rather than undermine, the framework that safeguards vulnerable children. The outcomes of this consultation will have lasting implications for the educational experiences and future prospects of those who rely on SEND support, making it imperative that the voices of families and advocates are heard.
