SEND PROPOSALS

On 23 February, the Government published a Schools White Paper setting out proposals for reforming the system for supporting children and young people with special educational needs and disabilities (SEND) in England.

Having carefully reviewed the Schools White Paper, and discussed with legal experts and sector partners, our view is that the Government is proposing to significantly weaken existing SEND legal rights.

The system for supporting children and young people with SEND is not working as it should. However, we believe it is possible to improve the system without weakening legal rights.

If you want to find out more about how to respond to the Government consultation, please see this page

Aspirations are NOT the same as legally enforceable protections.

When systems fail, families rely on rights and not promises.

The proposals risk:

Weakening the right to provision based on an individual child’s assessed needs, through a shift to standardised “Specialist Provision Packages”

The right to enforceable provision. Moving from a duty to secure SEND provision specified in EHCPs directly to the child or young person, to seemingly non-binding Individual Support Plans (ISPs)

The right to an EHC needs assessment and plan, replaced by higher or unclear thresholds and restriction to undefined “complex needs”

The right to appeal annual review decisions for school-aged children. This would be replaced by reviews only at the end of a Key Stage, with no clarity on whether these will allow appeals

The right to request and secure a specific school placement (including removal of the Tribunal’s power to name a setting)

The right to request and secure a specific school placement (including removal of the Tribunal’s power to name a setting)

Equal protection for children outside mainstream settings, including EOTAS, post-16 training, alternative provision and youth custody

If rights are removed, protection for those who need it is lost.

We will continue to fight throughout this process to ensure that any reform protects and strengthens the rights families depend on.

Find out how you can get involved

FIND OUT MORE HOW TO RESPOND

We have a page dedicated to how you can respond to the consultation, as well as links to our partner organisations who are offering help to answer. Click the centre button below or this link to read it