New legal rights for children with special needs under proposed school reforms
In a significant policy shift, more than a million children with special needs will acquire new legal rights to receive classroom support under proposed reforms unveiled by the Education Secretary today, reports BritPanorama.
The comprehensive overhaul of the Special Educational Needs and Disabilities (SEND) system is designed to facilitate a “radical expansion” of assistance for pupils with disabilities. Currently, more than 70 percent of children with additional needs in England lack any legally enforceable entitlement to support.
By 2029, schools will be mandated to develop Individual Support Plans (ISPs) for each child identified with SEND. These plans will offer personalized support based on a nationally established framework that includes a variety of interventions such as literacy programmes, speech and language therapy, and small-group teaching. ISPs will cater to children whose needs can be adequately addressed within mainstream educational settings, while Education, Health and Care Plans (EHCPs) will continue to serve those requiring more specialized assistance.
The Department for Education anticipates that these new arrangements will lead to 300,000 fewer EHCPs nationwide. The reforms aim to eliminate a “one size fits all” approach and ensure that families can access the necessary support without unnecessary conflict.
The reforms come with significant funding, including £1.6 billion for targeted support and £3.7 billion to create over 60,000 additional specialist school places. Furthermore, there is an allocation of £1.8 billion for an “Experts at Hand” service, enhancing access to educational psychologists and specialists, alongside an extra £200 million for training teachers and support staff in meeting SEND needs effectively.
However, existing council SEND deficits remain unchanged, accumulating to a concerning £6.6 billion across the country. Education Secretary Bridget Phillipson acknowledged the longstanding challenges within the current system, saying: “The SEND system designed ten years ago for a small number of children is now broken.” She emphasized the need for a more inclusive model that ensures every child receives appropriate support “without a fight.”
As part of the reforms, children currently with EHCPs will also receive an accompanying ISP delineating how their support is implemented on a daily basis. Both ISPs and EHCPs are set to be digitized, streamlining processes and bolstering transparency for families.
A “triple lock” of transitional protections has been introduced, guaranteeing that any child with a special school placement in 2029 may retain it until completion of their education. Additionally, safeguards are in place to ensure that no child currently in Year 3 or above must transition from an EHCP to an ISP before finishing secondary school. When transitions are made, ISPs will be established prior to any changes to prevent disruptions in support.
Parents will still have access to the SEND Tribunal, preserving their right to appeal decisions regarding specialist provision and school placements. Children’s Commissioner Dame Rachel de Souza remarked that the reforms present an opportunity to foster a system that recognizes the varying needs of every child, promoting greater ambition and rebuilding trust with families.
She stated, “Under these plans, no child should fear losing support.”
These developments reflect a pivotal moment for the SEND framework in England, as the proposed reforms promise to enhance educational equity and support for some of the most vulnerable students in the system.
The ongoing discourse surrounding these reforms will be essential in shaping a more inclusive educational environment moving forward.
