Ministers have been warned that any dilution of legal rights for disabled children and their families would cross ‘red lines’, as the government prepares substantial changes to special education needs and disabilities (Send) provision in England.
The Disabled Children’s Partnership, representing more than 130 charities and professional groups, has written to Education Secretary Bridget Phillipson and MPs to raise concerns that the overhaul will ‘come at the expense of children’s legal protections’. The government is due to publish a white paper in February setting out radical changes, expected to include extra funding and specialist support for mainstream schools.
Charities fear the new approach could weaken the current system of education, health and care plans (EHCPs) and the specialist Send tribunal. Katie Ghose, chief executive of disability charity Kids, said: ‘Parents will be worried about plans until they can see, in black and white, that legally guaranteed support will be there for every child who needs it.’
The letter, backed by Mencap, the National Autistic Society and the Council for Disabled Children, lists ‘red lines’ including no stripping away of legally enforceable plans, no abolition of the Send tribunal, no disruption to current support or placements, no narrowing of the Send definition, and no abrupt cut in support from age 18. It also calls for greater training and support for mainstream schools.
Jolanta Lasota, chief executive of Ambitious about Autism, said parents are anxious amid speculation of a trade-off between earlier help and removal of legal rights. She stressed reforms must be developed in partnership with families: ‘The main concern is any stripping away of legally enforceable plans... If we take away that safety net... there is a really high risk that those children will be out of education entirely.’
A Department for Education spokesperson said: ‘Every child with Send deserves to belong and thrive at school... We are determined to fix what isn’t working while protecting and improving families’ rights.’ The spokesperson cited £200m for teacher training, at least £3bn for 50,000 new specialist places, and dedicated Send leads in family hubs.
