The government unveiled major reforms to the SEND system this morning and the response has been anything but unanimous.
Over the past few weeks, schools and inclusivity have been dominating headlines. Today (23rd February), education secretary Bridget Phillipson set out her plans in a new white paper.
Under the proposals, only children with particularly severe or complex needs will be given access to an Education, Health and Care Plan (EHCP).
Millions of children will be given new Individual Support Plans (ISPs), which need to be agreed with schools, and these could include access to therapists and ‘inclusion bases’ within schools.
ISPs will cover some children who are not currently in the SEND system, but the right to appeal with start with schools rather than independent tribunals, leaving some concerned that parents will be less likely to succeed in a legal challenge.
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Phillipson said the plans were designed to stop parents having to battle local authorities to secure help for their children. She said: ‘I’ve spent a lot of time speaking with parents, with young people and with those who support children to understand what needs to change.
‘What I’ve heard time and again is that increasingly, ECHPs have become the only way to get what your child needs…and we have to change that.’
In similar vein, Prime minister Sir Keir Starmer said the current system ‘does not work’ and insisted the reforms will provide ‘a better education for every child.’
However, chair of the education committee, Helen Hayes MP, explained that while ‘the current system may be broken, it is not beyond repair.’
‘In our latest inquiry last year, the education committee saw examples of genuinely inclusive SEND support both abroad and at home,’ Hayes continued. ‘This is not a pipe dream: we can build a mainstream education system that works for every child. But it will require hard work, proper resourcing and a real desire to rebuild trust with parents, many of whom understandably feel let down by a system in which they have to fight for support at every stage.’
On the subject of hard work, Philip Wood, principal associate at law firm Browne Jacobson, has expressed concerns about funding the new developments.
‘The Department for Education’s vision on SEND is based on three overarching strategies – increasing the provision in mainstream schools including with the use of SEND units and an additional band of support and training to staff, raising the criteria for a child to secure the replacement for an EHCP, and changing the appeal process and rights.
‘While these moves are understandable given the escalating costs of supporting SEND pupils in recent years, they each and collectively face significant challenges.
‘The proposal to increase the provision in mainstream schools is inevitably crucial if we want a truly inclusive system, but sufficiently funding these developments is of paramount importance.’
He added: ‘The DfE has announced £4bn over three years to assist with this – £1.6bn of which will be given directly to schools – but against a recent £5bn local authority SEND deficit write-off, it’s not clear whether this will be enough to move the dial after nine in 10 respondents told our latest School Leaders Survey said they were dissatisfied with SEND funding.’
On the topic of spending, Luke Sibieta, research fellow at the Institute for Fiscal Studies, said: ‘From 2029 onwards, there will be a gradual transition to a new system.
The government will establish new guidelines for determining whether children move to a special school. Mainstream schools will also be expected to use these guidelines to assess children’s needs and place them into wider categories of support.
‘In the meantime, the government is effectively building up new capacity in mainstream schools and local authorities, whilst leaving the current system of support via Education, Health and Care plans (EHCPs) in place. This is an expensive approach in the short term. But the important test will be whether the system credibly delivers in the longer run, with better outcomes and control of spending.’
Cllr Louise Gittins, chair of the Local Government Association, has welcomed the news with open arms.
‘For too long, the SEND system has been failing children, young people and their families,’ she said. ‘Substantial reform is desperately needed so that they get the support they need.’
She explained: ‘We’re pleased the government shares our aspiration that children with SEND who require support do so in a mainstream setting where appropriate; and that all children can reach their potential.
‘For improved mainstream inclusion to be successful, all settings need to be empowered and resourced to meet the needs of children and young people with SEND, with a workforce that has the capacity and right skills.’
Image: Vitolda Klein/UnSplash
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