Parents Could Lose Legal Rights to SEND Support Under New Reforms

Parents of children with moderate mental health and developmental needs could lose their legal right to certain special educational support under proposed government reforms aimed at curbing soaring costs.

The planned changes would limit legal guarantees, such as education, health, and care plans (EHCPs), to children with the most severe and complex needs. Under the proposals, schools would take over responsibility for interacting with councils and government bodies, reducing the need for parents to engage in lengthy legal processes.

Spending by councils on special educational needs and disabilities (SEND) has doubled to nearly £13 billion since 2016 and is projected to almost double again by 2031 if reforms are not implemented. Rising numbers of children diagnosed with autism and ADHD, now totaling more than 430,000 with EHCPs, have driven much of the increase.

Whitehall sources note that EHCPs often require costly one-to-one support sessions, which could be replaced with teaching assistants supporting multiple children in mainstream classrooms. Controversial uses of EHCP funding, such as skiing lessons, falconry experiences, and “equine-facilitated learning,” have also raised government concerns.

Children with severe or complex needs would remain fully protected, and parents would retain a limited appeal route outside the court system. The reforms are also intended to reduce reliance on expensive special schools, including privately run institutions. Eighteen planned special free schools have been canceled, and 59 more are on hold, with councils offered funding to expand places in existing schools.

Mainstream schools have been allocated £3 billion to enhance SEND provision, and plans are underway for schools to form “groups” to pool resources and better meet a range of needs.

The Department for Education emphasized that public claims about stripping support are “speculative” and that the reforms are being shaped through a national consultation with parents, educators, and experts. A government source said: “Children with additional needs will have hope of a better future after years of their parents fighting tooth and nail to get support close to home.”

The number of pupils with autism-specific EHCPs has nearly tripled since 2015, while those with social, emotional, and mental health needs, including ADHD, have more than doubled from 28,000 to 71,000. The reforms are expected to take effect from 2028, coinciding with government plans to assume responsibility for rising SEND costs from local councils.

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