The government is on a collision course with its own backbenchers over controversial proposals to scale back the legal rights of children with less severe special educational needs and disabilities (SEND).
A System Under Strain
At the heart of the looming political clash is the special educational needs and disabilities (SEND) system, which officials describe as unsustainable and in crisis. Spending by local councils on SEND provision has doubled since 2016 to nearly £13 billion and is forecast to almost double again by 2031 without significant reform.
This financial pressure is linked directly to a surge in demand for Education, Health and Care Plans (EHCPs). These are legal documents that entitle a child to guaranteed, taxpayer-funded support. The number of pupils with an EHCP has doubled in a decade to 430,000, up from 236,806 in 2016.
Proposed Overhaul Sparks Backlash
According to sources, Education Secretary Bridget Phillipson is expected to unveil a white paper that will propose a major restructuring. The core change would mean that in future, only children with the most profound and complex needs would have the automatic right to pursue the legal route to secure an EHCP.
For the majority of cases, particularly those involving milder conditions such as some forms of ADHD or autism, support would be managed at school level. Headteachers would receive extra funding to provide for special needs within their settings, dealing directly with councils and central government. While parents would retain a right to appeal decisions, this process would not involve the courts.
Officials argue the current system forces families into lengthy legal battles and often binds taxpayers into funding expensive one-to-one sessions that could be delivered more efficiently. They stress the reforms are aimed at improving outcomes, not saving money.
Rebellion and Reassurance
The plans have already triggered significant concern on the government's backbenches. Labour MP Ian Lavery warned that ‘Any reduction in support for individuals and their families is a no-go.’ Analysts like Luke Sibieta of the Institute for Fiscal Studies have cautioned that reforms focused on reducing legal rights could become a repeat of the recent welfare budget U-turn, creating a ‘welfare reforms mark two’.
In response to the reports, a Government source told The Times: ‘Our reforms will ensure that every child has the opportunity to get on in life, whatever their educational needs.’ They added that ministers were ‘very wary of the visuals of hitting disabled children’ during a period of political sensitivity.
The Department for Education stated the claims were ‘speculative’ and did not represent formal policy, emphasising that plans were being shaped by a national conversation with parents and experts. Mainstream schools have already been allocated £3 billion to improve SEND provision, with more support promised ahead of any potential implementation in 2028. Pupils already receiving support are not expected to be affected.
