
Children with special needs will 'always' have 'legal right' to support, education secretary says
The government is facing a potential repeat of the debacle over welfare reform due to suggestions it could scrap tailored plans for children and young people with special needs in the classroom.
Speaking in the Commons on Monday, Bridget Phillipson failed to rule out abolishing education, health and care plans (EHCPs) - legally-binding plans to ensure children and young people receive bespoke support in either mainstream or specialist schools.
Laura Trott, the shadow education secretary, said parents' anxiety was "through the roof" following reports over the weekend that EHCPs could be scrapped.
She said parents "need and deserve answers" and asked: "Can she confirm that no parent or child will have their right to support reduced, replaced or removed as a result of her planned changes?"
2:45
Ms Phillipson said SEND provision was a "serious and complex area" and that the government's plans would be set out in a white paper that would be published later in the year.
"I would say to all parents of children with SEND, there is no responsibility I take more seriously than our responsibility to some of the most vulnerable children in our country," she said.
"We will ensure, as a government, that children get better access to more support, strengthened support, with a much sharper focus on early intervention."
ECHPs are drawn up by local councils and are available to children and young people aged up to 25 who need more support than is provided by the Special Educational Needs and Disabilities (SEND) budget.
They identify educational, health and social needs and set out the additional support to meet those needs.
In total, there were 638,745 EHCPs in place in January 2025 - up 10.8% on the same point last year.
'Rebel ready'
One Labour MP said they were concerned the government risked making the "same mistakes" over ECHPs as it did with the row over welfare, when it was eventually forced into a humiliating climbdown in the face of opposition by Labour MPs.
"The political risk is much higher even than with welfare, and I'm worried it's being driven by a need to save money which it shouldn't be," they told Sky News.
"Some colleagues are rebel ready."
The MP said the government should be "charting a transition from where we are now to where we need to be", adding: "That may well be a future without ECHPs, because there is mainstream capacity - but that cannot be a removal of current provision."
Later in the debate, Ms Phillipson said children with special educational needs and disabilities would "always" have a "legal right" to additional support as she accused a Conservative MP of attempting to "scare" parents.
"The guiding principle of any reform to the SEND system that we will set out will be about better support for children, strengthened support for children and improved support for children, both inside and outside of special schools," she said.
"Improved inclusivity in mainstream schools, more specialist provision in mainstream schools, and absolutely drawing on the expertise of the specialist sector in creating the places where we need them, there will always be a legal right … to the additional support… that children with SEND need."
Her words were echoed by schools minister Catherine McKinnell, who also did not rule out changing ECHPs.
She told the Politics Hub With Sophy Ridge that the government was "focused on reforming the whole system".
"Children and families have been left in a system where they've had to fight for their child's education, and that has to change," she said.
She added that EHCPs have not necessarily "fixed the situation" for some children - but for others it's "really important".

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Kathleen Kingston, 67, who has lived in the area her whole life said housing people above shops on a high street is plain wrong. She went on: 'I think of the accommodation for locals like housing association, there are more people that need housing.' Patricia Walding, 87, added: 'These hotels are changing our towns, they are costing us a fortune and robbing the taxpayer while our own people are sleeping on the streets, I think it's disgusting.' Sid Conroy, who used to work for Airbus and now spends his time breeding racing pigeons, fears serious repercussions if the hotel gets given the greenlight But not everyone is so against the plans. One lady, an SEN teacher, who did not want to be named, feels local people are unloading unrelated grievances about their lives onto asylum seekers because they are 'an easy target'. The mum said: 'People have got different views, those views are not wanting to house asylum seekers. The views and reasoning behind it are one, very racist, and two, not the right reasons. You hear it a lot, just the chat about migrants. 'I don't believe for one second they care about the money side of things with the migrant criss or the actual safety of other people. 'I understand people are concerned about women and children. I'm concerned about the other side of it, the protests, all these people gathering. They'll say its peaceful but it definitely wont be. 'I've had asylum seekers as students, one of them has just past their level three and I couldn't be more proud. When you actually listen to someone like that and they tell you stories what it is really like to come from somehwere like that, you have no idea, you get to wake up in a warm bed every morning. When you see videos they won't show on the BBC. 'Everytime I share my views, people say it's stupid. But you can't help where you're born.' 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