The government must not remove or dilute legal rights and protections for children with special educational needs and disabilities (SEND), a coalition of charities and parent organisations has urged.
The plea comes as ministers failed to rule out slashing education, health and care plans (EHCPs), which set out the specialist support a young person requires for their needs.
The Disabled Children’s Partnership (DCP), which includes more than 130 charities and parent groups, has called on the government not to restrict access to EHCPs for those who continue to need them.
Tes revealed earlier this year that the future of EHCPs could be in doubt and that, as part of its planned reforms, the Department for Education was considering whether they were the “right vehicle” for supporting young people.
The government plans to publish a White Paper in the autumn detailing how it will reform support for children with SEND.
Earlier this month, education minister Stephen Morgan could not guarantee that the current system of EHCPs would remain in place.
And as Tes reported last week, the DfE’s strategic adviser on SEND, Dame Christine Lenehan, told a conference that a decision on the future of the plans has not yet been taken.
What are EHCPs and why are they important?
ECHPs are legal documents for children and young people up to the age of 25 which identify their educational, health and social needs, and set out the extra support required.
A report by the DCP said the rise in EHCPs can be used as evidence the system is “too expensive for councils” to provide, but it suggested more nurseries, schools and colleges are applying for plans because the support children need “is not happening without them”.
It said every child who needs SEND support should have a “written record” setting out the support they need and how it will be monitored.
“The government must not dilute existing rights and protections, or restrict access to education, health and care plans for those who continue to need them,” the report added.
In total, there were 638,745 EHCPs in place in January, up 10.8 per cent on the same point last year.
The number of new plans that started during 2024 also grew by 15.8 per cent on the previous year, to 97,747.
Requests for children to be assessed for EHCPs rose by 11.8 per cent to 154,489 in 2024.
The consequences of getting it wrong
The coalition’s report outlines five key areas the government should address if young people with SEND are to enjoy the same “ordinary things” in life that their peers take for granted.
The government should ensure there is “legally guaranteed support” for every child who needs it, with the current SEND support arrangements put on a statutory footing, the DCP has said.
The coalition has also called for more funding for the SEND system and for every local area to have a plan for ensuring there is the “right mix” of mainstream and specialist placements.
The report said: “This is a once-in-a-generation opportunity to make children and families’ lives better.
“But getting this wrong would make it even harder for families to get the support their children so desperately need.”
The importance of ‘ordinary things’
It added that many parents of children with SEND are having to turn to the law to enforce their child’s rights at tribunal and they may have spent years without the support they need.
The report said: “The solution to this is not to remove or dilute legal rights and protections; the government must ensure proper accountability for meeting legal duties.”
Anna Bird, chair of the DCP and chief executive of charity Contact, said: “Children with SEND want ordinary things - a place to learn safely, the opportunity to take part in after-school activities and the chance for parents to work to support their children, rather than having to put their working lives on hold.”
She added: “Our Fight for Ordinary campaign launches today and the report sets out how to make the changes children with SEND need, without diluting their rights or removing vital protections.
“This is a once-in-a-generation opportunity to get it right for children with SEND”.
