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A charity focusing on special educational needs and disabilities (SEND) in England has expressed serious concerns about the government’s proposed reforms to the SEND system, warning that these changes could “strip away” essential legal protections for children and young people who require support. The Independent Provider of Special Education Advice (IPSEA), which specialises in SEND law, argues that the planned reforms risk weakening the individual rights currently guaranteed under the law.
Education Secretary Bridget Phillipson responded to these concerns by reaffirming the government’s commitment to ensuring that every child receives the necessary support promptly and without conflict. She emphasized that “legal rights are not optional extras and any new system must ensure that support is statutory, enforceable and backed by a clear right of appeal.” Phillipson further stated, “If reform is to rebuild confidence with families, it must strengthen and not strip away the protections that children and young people depend on.”
Currently in England, children or young people requiring more support than mainstream schools typically provide can have an Education, Health and Care Plan (EHCP). This plan outlines their individual needs and specifies the support they are entitled to, with legal backing to ensure this support is provided. The number of young people with EHCPs in England has soared to 639,000—more than doubling over the past ten years. IPSEA fears the new reforms would replace EHCPs with Individual Support Plans (ISPs), which may not carry the same enforceable rights. According to IPSEA, the level of assistance could become dependent on which “band” of support a child qualifies for, rather than on their unique needs.
The government has described ISPs as “flexible” documents detailing the day-to-day needs of a child or young person with SEND. However, IPSEA warns there might not be a legally binding obligation to deliver the support specified within an ISP, stating, “a plan without enforceable provision is not protection.” Under the proposed system, parents dissatisfied with their child’s ISP would first need to navigate a new school complaints procedure and subsequently could bring concerns to the Department for Education, bypassing the current SEND tribunal process. IPSEA has condemned this as “a disastrous weakening of families existing rights,” highlighting that in the 2024/25 period, parents won over 95% of the 25,000 tribunal cases challenging local SEND support decisions. Furthermore, the current tribunal powers to name specific schools for placement might be curtailed, with local authorities gaining increased control over placement options, which could result in some young people not securing an appropriate school or college place.
In response to the proposed changes, a coalition of organisations including IPSEA, known as the Save Our Children’s Rights campaign, plans to lead national demonstrations during the consultation phase. The group clarifies that their goal is not to oppose all reform but to advocate that any changes must reinforce, rather than diminish, the fundamental legal protections that children and young people with SEND rely on.
At the time the White Paper was published, Bridget Phillipson emphasized that the reforms aim to promote inclusivity in mainstream schools and improve life chances for children with SEND. She described the plan as a means to move children from being “sidelined and excluded to seen, heard and included,” ensuring that “every child will get the brilliant support they deserve, when they need it, as routine and without a fight.” The Department for Education has been approached for comment regarding IPSEA’s concerns
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