England's Send Overhaul: Schools to Receive Budgets for Special Needs Support
The government is set to unveil sweeping changes to the special educational needs and disabilities (Send) system in England, with mainstream schools to be allocated commissioning budgets for providing direct support to children. Education Secretary Bridget Phillipson will announce the reforms on Monday, aiming to address deep-rooted issues and control escalating costs that have pushed several local authorities toward financial crisis.
New Funding Model for Mainstream Schools
Under the new plans, mainstream schools will gain control over budgets to spend on therapists and additional support, shifting away from the current system where highly-indebted councils manage the funds. This move is designed to ensure that hundreds of thousands of children receive adequate assistance without families having to battle local authorities for help. Critics have long argued that lop-sided funding mechanisms have left many children with little or no support in mainstream settings.
The reforms include making extra provision and support "ordinarily available" to all pupils, with schools required to implement "reasonable adjustments" for conditions such as autism, ADHD, or mental health issues. Failure to comply could result in legal action, including appeals to an independent ombudsman or changes to equalities rules to strengthen disabled children's rights.
Concerns Over EHCPs and Potential Backlash
Government officials are wary of a potential backlash from parents' groups and Labour MPs, particularly regarding proposals to limit access to educational, health and care plans (EHCPs). There is specific concern about plans to test children with EHCPs against tougher criteria when they transition to secondary school after 2030. Meg Hillier, chair of the Treasury select committee, emphasized the importance of trust, noting that parents fear support could be withdrawn.
However, Hillier added that unlike previous welfare reforms, ministers have consulted Labour MPs extensively and are not solely focused on cost savings. Another Labour MP acknowledged widespread anxiety but recognized the necessity for reform to prevent the current system from continuing unchecked.
Phased Implementation and Legal Protections
The full package of reforms will be phased in over a decade, with children from 2030 onwards affected by the new EHCP format, which will account for enhanced provision in mainstream schools. Children with special needs will be eligible for individual support plans (ISPs), offering legal rights and assurances without requiring an EHCP. Policymakers stress that the success of these reforms hinges on clearly communicating benefits, including ongoing protections for existing EHCPs.
Government insiders express optimism that a rebellion can be avoided, partly due to the Treasury's more generous funding than anticipated. With over 480,000 children in England holding EHCPs, reports have highlighted fears about potential curtailments during school transitions. The first-tier equalities tribunal will remain available for EHCP appeals, though its role will be refocused to consider other legal avenues for families.
These measures aim to transform Send provision into a more efficient and equitable system, balancing fiscal responsibility with the urgent need to support vulnerable children in mainstream education.
