The UK government is considering significant changes to how children with special educational needs and disabilities (SEND) are supported in England. At the centre of the debate is the future of Education, Health and Care Plans (EHCPs)âa critical framework that currently provides over 500,000 children with legally enforceable rights to tailored education and support.
These possible reforms have sparked widespread concern among parents, teachers, and SEND advocacy groups, with many fearing that childrenâs entitlements may be weakened or lost altogether.
What Are EHCPs?
EHCPs are legal documents developed by local authorities that outline a childâs specific needs, the kind of help they require, desired educational outcomes, and the school they will attend. The plan obliges local councils to ensure that all the support listedâwhether itâs specialist teaching, therapies, or school feesâis provided and funded.
For families of children with SEND, an EHCP is not just a document; itâs often the only legal tool they have to ensure their child gets necessary and appropriate support in school.
But the system is under intense strain.
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Half of new EHCPs are issued late, leaving families in limbo.
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Thousands of children wait over a year to receive a plan.
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Over 21,000 families appeal EHCP-related decisions annually, often challenging delays, refusals to assess, or insufficient provisions.
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Parents win 95% of appeals, revealing systemic failures in the initial assessments.
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Meanwhile, local authorities are grappling with massive deficits, some exceeding ÂŁ100 million, which the National Audit Office has deemed unsustainable.
The result is a system struggling to meet the needs it was designed to serve.
The Growing Pressure on Schools
Schools often find themselves navigating a complex maze: trying to meet high levels of need while awaiting external support from local authorities. In some cases, this creates tension between schools and parentsâparticularly when thereâs disagreement over what support is realistic or available.
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For children with disabilities, schools are still legally required to avoid discrimination and must make reasonable adjustments. But without clear funding or guidance, this becomes an increasingly difficult task for educators already stretched thin.
What Changes Are Being Discussed?
The government has not officially announced a new SEND policy, but recent comments from School Standards Minister Catherine McKinnell suggest a radical rethink is underway. She confirmed that officials are developing a ânew modelâ of SEND supportâraising the possibility that EHCPs could be significantly restricted or even phased out.
The aim, according to McKinnell, is to shift focus toward early intervention and reduce the adversarial nature of the current system, which often pushes families into legal disputes just to get their childâs needs acknowledged.
While streamlining support processes might be welcomed, critics are wary. Without EHCPs, children could lose their statutory right to receive essential servicesâpotentially forcing families to seek alternative education options, like home schooling or private institutions, if mainstream schools canât meet their needs.
Implications for Schools
Should EHCPs be scaled back or eliminated, mainstream schools may be required to do much more with less. They could find themselves responsible for delivering additional, complex support earlier in a childâs journeyâwithout guaranteed funding or the framework an EHCP provides.
There is also concern that financial responsibility may shift more heavily onto schools, especially if local authorities step back from their current roles. This could result in increased workloads for SENCOs and teaching staff, who may need to carry out assessments and manage individual learning plans without external assistance.
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Some funding may be redirected into early intervention programsâsuch as the âEarly Language Support for Every Childâ initiativeâbut itâs unclear whether such support will be evenly distributed across all types of schools, including special and independent institutions.
A System in Transition
Reforming the SEND system is no easy task. On one hand, improving the speed and quality of support is vital. On the other, removing legal guarantees risks creating greater inequality, especially for children with the most complex needs.
While the current model has undeniable flawsâbureaucratic delays, costly legal battles, and strained local budgetsâit also provides a crucial safety net for families. Any attempt to revise or replace EHCPs must maintain protections that ensure childrenâs rights are respected, regardless of their background or diagnosis.
The governmentâs intentions remain unclear, and until official proposals are published, schools, parents, and support organisations will be left with uncertainty. But one thing is clear: changes to EHCPs could mark a turning point in how England supports its most vulnerable learners.