Major changes to England’s special needs system could mean fewer legal protections and more pressure on families, teachers, and vulnerable children - but there’s still time to speak up
The government has just announced major changes to the Special Educational Needs and Disabilities (SEND) system in England.
News outlets published a range of articles, though for a few days they were reporting on leaked parts of a document - leaked with little to no context, and actually, no idea of what the white paper would finally contain. The Times published the names and pictures of children who had died because the SEND system had let them down. Another writer said this was probably the tip of the iceberg.
Here’s what we actually now know
- Reassessment at key school moves – From 2029, children with Education, Health and Care Plans (EHCPs) may face mandatory reassessment when moving from primary to secondary school and age 16.
- Fewer EHCPs – The reforms seem to be looking at limiting EHCPs - something that gives legally enforceable support. These will only be given to those with the most complex needs. Reports from various agencies believe this could lead to 250,000 fewer pupils having an EHCP
- Three-Tiered School Support – A new framework of three tiers of support (Targeted, Targeted Plus, and Specialist) to be introduced nationally.
- Individual Support Plans (ISPs) – These will be for children who will no longer qualify for an EHCP. Each school will need to create an “Individual Support Plan”, which may or may not have some legal status. (EHCPs currently do have legal status giving parents the right to either challenge ones that don’t match the need of the child, or non-compliance with the EHCP).
- There’s also a focus on mainstream schools, aiming to make them more inclusive, reducing the reliance on specialist schools, or placements out of the local authority area, thus saving money.
- The reforms will also introduce a national standard with assessments for support, with a view to making support more ‘consistent’, instead of the post code lottery it currently is.
What are the main issues here?
Many of the leaks were indeed true. There’s a lot more detail in the white paper, but the leaked parts are what I want to concentrate on as these are where people see the most issues.
It’s clear to see the governments’ rational. They have quoted that the number of EHCPs has increased by around 140% since 2015, with over 639,000 people now having one, stating that this is leading to high financial pressures on local authorities. There have been many disability charities refuting the figures.
Can you spare 5 minutes to help Premier NexGen? Answering this short survey will help us make our great content for Christian parents even better
Currently, EHCPs allow for legal redress when they are not followed or followed incorrectly. ISPs will not have the same legal standing, meaning parents will have no legal route to go down if their child is not receiving the support they need. This could mean vulnerable children having reduced assistance, which in turn would lead to major issues with accessing education. All of this would lead to a significant impact on the mental health of these children.
More concerns are raised when you look closely at the children’s wellbeing and schools bill alongside the suggested SEND reforms. There is a clear transfer of power - away from parents to local authorities. This includes the local authority having the power to insist a child attends a mainstream school and refusing permission to home school, regardless of the fact many children can’t cope with school and are thriving and learning in a home school environment.
remember that this is the white paper, it’s the beginning of the debate. We still have a period of consultation
My own concern is that the paper doesn’t address a current issue where children fall between the cracks. They look as though they are coping, but they are not thriving. Parents tell people about what happens at home as a result, but because they are masking so ‘well’ in school - nothing is done.
But what about teachers? It’s good to touch on this as they care deeply about this too. They and their unions have warned that forcing more children with complex needs into mainstream classrooms without sufficient resources could lead to “chaos”. Teachers, head teachers and SENCOs are going to be caught in the crossfire. The teacher/parent/child relationship needs trust to thrive, and I feel this bill could break that trust - pitching parent against teacher.
It is said that the proposals are likely to cause a significant political backlash for the government, with the possibility of a backbench rebellion similar to what happened over the welfare bill. So, it’s worth talking to your MP!
What can you do if your child has additional needs or a disability?
If you have children with additional needs and disabilities, remember that this is the white paper, it’s the beginning of the debate. We still have a period of consultation, the green paper and various debates in Parliament to go. A lot of what we are seeing is an understandable knee jerk reaction.
If you are on Facebook, follow Michael Charles - a specialist solicitor in schools & special needs law including higher education University law. In the coming days he will be looking very closely at the white paper and giving constructive comment on it.
Read more:
Rethinking Christian hospitality for families who can’t do shared meals
What Christian parents should do if their child reaches adulthood but can’t make decisions for themselves
What I wish churches knew about dyslexic children
There is still a glimmer of hope that the bad stuff can be changed and moulded into something better.
I know that the life admin for those who have children with additional needs and disabilities is already immense, and this is adding even more pressure to this. Take care of yourself. Mute those on social media that add to the stress.
And what if you don’t have children who need this extra support?
The first thing is listen. Listen to the parents with the lived experience of always having to fight for their children. Believe them.
Talk to your MP, pray about it in church - and explain the concerns to the whole church family.
Pray for the families affected, pray for the government, pray for the teachers who will have to put the resulting bill into action.
