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The Liberal Democrats have urged the designation of Special Educational Needs and Disabilities (SEND) services in England as critical national infrastructure. This move aims to prevent vulnerable children from being exploited financially by private investors. Over recent years, expenditure by local councils on SEND—which supports children requiring additional help due to disabilities or learning difficulties—has significantly increased, alongside a growing trend of private companies purchasing schools and related services.
According to the Liberal Democrats, their proposed measures would empower the government with enhanced authority to review and regulate acquisitions involving SEND providers, ensuring that such transactions serve the public interest. The government is anticipated to announce its planned reforms to the SEND system soon, including the introduction of national standards and price bands for independent providers. The Department for Education believes these steps will put an end to inconsistent fee structures and enable councils to challenge placements that do not offer good value.
Although the exact pricing bands have yet to be finalized, reports indicate that there might be an annual cap set around £60,000. Providers failing to comply with these bands would lose the ability to accept state-funded pupils. Additionally, government officials have expressed a preference for increasing the integration of children with SEND within mainstream schools. Currently, independent special schools charge an average of £63,000 per pupil each year, more than double the £26,000 average for state special schools. It has been noted by the government that over 30% of independent special schools have backing from private equity firms.
Presently, the status of critical national infrastructure is limited to essential sectors such as energy, transport, and water. The Liberal Democrats’ proposal would broaden this designation to include SEND services and subject acquisitions in this area to public interest tests under the Enterprise Act. This would grant the government greater oversight, allowing the secretary of state to intervene if any deal poses a risk to the public good. Sir Ed Davey, the Lib Dem leader, emphasized the need to protect families from the negative impact of private equity involvement, stating: “No parent wants to see their child’s education suffer while private equity firms cash in on a broken system.” He added, “Liberal Democrats would introduce new protections to ensure taxpayers’ money is spent on front-line services for children, not lining the pockets of offshore investors.”
Meanwhile, the government is expected to release its delayed plans to reform SEND funding and support, possibly as early as the return of MPs to Parliament on Monday. Leaked documents suggest that from 2029, children’s entitlement to SEND support will be reassessed at key transition points, such as after primary school and when moving from secondary school to college. These reassessments are part of efforts to control the rapidly increasing costs associated with SEND, but they could lead to fewer children retaining their legal entitlement. The proposals may face opposition from campaign groups concerned about the potential weakening of children’s legal rights to support. Alongside these reforms, the government has committed to clearing £5 billion of local councils’ accumulated SEND-related debts and to assuming responsibility for SEND funding from 2028
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