Charity Critiques SEND Reforms for Weakening Child Protections

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Arabic version: منظمة خيرية تنتقد إصلاحات SEND لضعف حماية الأطفال

The government’s plans to reform the special educational needs and disabilities (SEND) system in England will “strip away” legal protections for children and young people needing support, a charity has warned. According to BBC News, the Independent Provider of Special Education Advice (IPSEA), a charity specialising in English SEND law, said the reforms would weaken individual rights to support.

The changes were announced last month as part of a broader Schools White Paper. Education Secretary Bridget Phillipson stated that every child “will get the brilliant support they deserve, when they need it, as routine and without a fight.” While IPSEA’s chief executive, Madeleine Cassidy, welcomed some reforms, including plans to boost the funding and specialist support available in mainstream schools, she emphasized that improvements could be made “without weakening the legal rights families rely on.”

Under current rules in England, if a child or young person needs more support than is typically provided in mainstream schools, their parent or carer can apply for an education, health and care plan (EHCP). However, under government plans, by 2035, only children with the most complex needs will qualify for EHCPs. IPSEA fears that this means the support a child or young person receives will depend on which “band” of package they qualify for, rather than their individual needs.

The charity also highlighted that the new Individual Support Plans (ISPs) will not provide the same level of legal protection as EHCPs. Although all children and young people with SEND will have the legal right to an ISP, IPSEA warns that there won’t be a clear, enforceable duty to deliver the provision laid out in an ISP. Parents dissatisfied with their child’s ISP will have to go through a new school complaints system before being able to complain to the Department for Education (DfE).

IPSEA has described planned changes to special needs tribunals as “a disastrous weakening of families existing rights.” There were a record 25,000 tribunals brought in 2024/25 in which parents challenged the level of SEND support offered by their council, with over 95% of cases fought won by parents. The new proposals appear to remove the tribunal’s power to name a school, giving local authorities “more power to control placement choices” by offering a list of schools that families can choose from instead.

In response, national demonstrations are planned by the Save Our Children’s Rights campaign to advocate for stronger legal protections in the proposed reforms. The government’s consultation period remains open until the middle of May.

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