Concerns Grow Over Potential Removal of Legal Safeguards for Children with Special Educational Needs in England

The future of statutory protections for hundreds of thousands of children with special educational needs and disabilities (SEND) has been cast into uncertainty, following remarks by a government minister that the current system of Education, Health and Care Plans (EHCPs) may be restructured or potentially scrapped.

Campaigners, parents, and education professionals have warned that such a move could force many pupils out of mainstream education and dismantle decades of progress in inclusive schooling.

What Are EHCPs and Why Are They Important?

Education, Health and Care Plans are official documents outlining the particular support a child with SEND needs to reach their educational and personal development objectives.

Introduced under the Children and Families Act 2014, EHCPs replaced the previous system of Statements of Special Educational Needs, with the intention of creating a more holistic and streamlined approach to support.

EHCPs are binding on local authorities and schools, ensuring that the necessary resources, interventions, and adjustments are put in place to help children succeed in their education.

For many families, these plans represent not only a practical support tool but also a legal guarantee that their child’s additional needs will be met within the education system.

However, the system has come under increasing strain in recent years, with significant growth in the number of plans being issued.

Since 2015, there has been a 140 per cent rise in the number of children with an EHCP, contributing to mounting financial pressures on local authorities and schools.

Government Considers Overhaul of SEND System

Speaking to The Guardian, Catherine McKinnell, the recently appointed Schools Standards Minister, acknowledged that officials within the Department for Education (DfE) are actively developing proposals to reshape the SEND system.

While she declined to explicitly rule out scrapping or significantly narrowing EHCPs, she insisted that the government’s focus was on ensuring better support for children at an earlier stage.

“No decisions have been taken yet on how we deliver this,” Ms McKinnell stated, adding that the government’s intention is to provide “better support for children at the earliest stage possible”.

She criticised the current system as inadequate, arguing that it forces parents to “battle” for support that should be “ordinarily available in school”.

Her comments have sparked widespread concern among SEND campaigners, who argue that removing or limiting EHCPs would amount to stripping disabled children of essential rights and protections.

Campaigners Warn of Disastrous Consequences

Several prominent voices within the SEND advocacy community have condemned the prospect of EHCPs being replaced or restricted.

Katie Ghose, chair of the Disabled Children’s Partnership, described the potential changes as a “fundamental break” from forty years of political consensus that disabled children require legal safeguards to access education.

“Hundreds of thousands of children rely on these plans to go to school safely and learn,” Ms Ghose warned.

“Without them, the government risks forcing more children out of school and into a system where their needs are simply not met.”

The importance of EHCPs in maintaining access to mainstream education cannot be overstated.

Without a statutory obligation, schools are not legally required to make specific accommodations for a child’s additional needs, potentially leading to greater exclusion from mainstream settings.

Campaigners fear that without the legal weight of EHCPs, children with SEND may be funnelled into special schools or alternative provision, or worse, be left without suitable education altogether.

Tania Tirraoro, co-director of the influential advocacy group Special Needs Jungle, voiced a defiant message to policymakers: “Campaigners will not accept the removal of disabled children’s rights without a fight.”

She accused the Labour government of pursuing “an entire assault on disabled people of all ages”, pointing to recent welfare cuts as evidence of a broader agenda.

Welfare Cuts Compound Fears for Disabled People

The controversy over potential changes to EHCPs comes in the context of wider cuts to disability-related support.

The government has faced mounting criticism over its decision to restrict access to Personal Independence Payments (PIP), a benefit that helps cover the additional costs of living with a disability.

The changes are expected to affect around 800,000 people.

Many campaigners see the potential overhaul of SEND provision as part of a broader programme of austerity-driven reforms aimed at reducing public expenditure on disability support.

“There’s a pattern here,” Ms Tirraoro said.

“This isn’t about improving provision — it’s about saving money.

If EHCPs are taken away from mainstream settings, early years and 16- to 25-year-olds outside special schools will lose protection too.

This will result in more children being placed in special schools, alternative education settings, or even leaving education altogether.

Financial Strain on the SEND System

In a report released last year, the National Audit Office (NAO) drew attention to the unmanageable financial strains affecting the SEND system.

The surge in EHCPs has significantly increased the demand on local authority budgets, many of which are already overstretched.

Dame Christine Lenehan, the Department for Education’s strategic adviser on SEND, recently confirmed that the government is examining whether EHCPs remain the “right vehicle” for delivering support.

-Her comments, coupled with Ms McKinnell’s refusal to rule out changes, have fuelled fears that the government is preparing to curtail or even dismantle the current framework.

Political Opposition and Backbench Revolt

The issue has sparked dissent within the Labour Party itself, with reports indicating that as many as 150 backbench MPs are preparing to oppose the government’s SEND and welfare reform agenda.

Many MPs and ministers are deeply concerned about the potential human cost of these changes, particularly for vulnerable children and their families.

Critics argue that the government’s proposals represent a false economy, as the long-term social and financial costs of excluding children from education far outweigh the immediate savings from reducing SEND support.

The Government’s Response

In response to the mounting criticism, a Department for Education spokesperson insisted that the government is committed to improving outcomes for children with SEND.

“The evidence is clear that this government inherited a SEND system left on its knees — with too many children not having their needs met and parents forced to fight for support,” the spokesperson said.

They highlighted government efforts to increase early intervention to prevent needs from escalating, as well as a £740 million investment aimed at encouraging local authorities to create more specialist places within mainstream schools.

“Any changes we make will improve support for children and parents, stop parents from having to fight for support, and protect provision currently in place,” the spokesperson added.

“As part of our Plan for Change, we will restore the confidence of families up and down the country and deliver the improvement they are crying out for so every child can achieve and thrive.”

Early Intervention vs Legal Protections

At the heart of the debate is a fundamental question: can the government deliver effective early intervention without compromising the legal protections that EHCPs provide?

Ms McKinnell argues that if a better system of early support were in place, families would not need to rely on complex legal processes to secure necessary adjustments.

However, campaigners counter that without enforceable legal entitlements, families will once again be left in a precarious position, reliant on the goodwill and resources of individual schools.

History has shown that where legal protections are weak or absent, children with SEND often face exclusion, inadequate support, and poorer life outcomes.

What’s Next?

For now, the future of EHCPs remains uncertain.

The government is consulting with experts, parents, and practitioners as it develops its proposals.

However, campaigners have made it clear that they will resist any attempts to weaken the statutory rights of children with SEND.

The coming months are likely to see intense political debate, legal challenges, and public demonstrations as the SEND community mobilises to defend what it sees as a vital safeguard for disabled children’s right to education.

Conclusion: A Defining Moment for SEND Support in England

The government’s consideration of reforms to the SEND system marks a potentially defining moment in the history of inclusive education in England.

At stake are the legal rights and educational futures of hundreds of thousands of children with special needs.

While ministers promise improvements and greater efficiency, campaigners warn of the devastating consequences that could follow the removal of statutory protections.

As the debate unfolds, the voices of parents, educators, and disabled people themselves will be crucial in shaping the outcome.

For now, the SEND community waits with bated breath, hoping that the principles of inclusion, equality, and support for all children remain at the heart of any future reforms.