Ministers urged not to remove legal rights and protections for Send children

Glasgow Times

22-07-2025

The plea comes as ministers have failed to rule out slashing education, health and care plans (EHCPs) – which set out the specialist support a young person requires for their needs.
The Disabled Children's Partnership (DCP), which includes more than 130 charities and parent groups, has called on the Government not to restrict access to EHCPs for those who continue to need them.
The Government plans to publish a white paper in the autumn detailing how it will reform support for children and young people with special educational needs and disabilities (Send).
Earlier this month, education minister Stephen Morgan could not guarantee that the current system of EHCPs would remain in place.
ECHPs are legal documents for children and young people up to the age of 25 which identify their educational, health and social needs, and set out the extra support required.
A report by the DCP said the rise in EHCPs can be used as evidence the system is 'too expensive for councils' to provide, but it suggested more nurseries, schools and colleges are applying for plans because the support children need 'is not happening without them'.
It said every child who needs Send support should have a 'written record' setting out the support they need and how it will be monitored.
'The Government must not dilute existing rights and protections, or restrict access to education, health and care plans for those who continue to need them,' the report added.
In total, there were 638,745 EHCPs in place in January, up 10.8% on the same point last year.
The number of new plans which started during 2024 also grew by 15.8% on the previous year, to 97,747.
Requests for children to be assessed for EHCPs rose by 11.8% to 154,489 in 2024.
The coalition's report outlines five key areas the Government should address if young people with Send are to enjoy the same 'ordinary things' in life that their peers take for granted.
The Government should ensure there is 'legally guaranteed support' for every child who needs it with the current Send support arrangements put on a statutory footing, the DCP has said.
The coalition has also called for more funding for the Send system and for every local area to have a plan for ensuring there is the 'right mix' of mainstream and specialist placements.
The report said: 'This is a once-in-a-generation opportunity to make children and families' lives better.
'But getting this wrong would make it even harder for families to get the support their children so desperately need.'
It added that many parents of children with Send are having to turn to the law to enforce their child's rights at tribunal and they may have spent years without the support they need.
The report said: 'The solution to this is not to remove or dilute legal rights and protections; the Government must ensure proper accountability for meeting legal duties.'
Anna Bird, chairwoman of the DCP and chief executive of charity Contact, said: 'Children with Send want ordinary things – a place to learn safely, the opportunity to take part in after-school activities and the chance for parents to work to support their children, rather than having to put their working lives on hold. '
She added: 'Our Fight for Ordinary campaign launches today and the report sets out how to make the changes children with Send need, without diluting their rights or removing vital protections.
'This is a once-in-a-generation opportunity to get it right for children with Send.
'The Government will only get reforms right if they work together with young people, parents and the organisations that represent them.'
Tobias Lambe, from Warwickshire, who is autistic and faced a fight to get an EHCP at school, is now at university studying medicine.
He said: 'At the age of 14 I had a mental health breakdown and was admitted to hospital.
'I never dreamed that seven years later I would be thriving at university studying a course I love, playing sports, making friends and enjoying life.
'But it's taken a huge fight and countless battles with schools, healthcare providers and local authorities for me to achieve that.
'Not every family is able to fight that battle, and none should have to.'
The 21-year-old added: 'Children and young people who are disabled and neurodivergent should not have to face a constant fight for a suitable education or the right healthcare.
'These are ordinary things to which everyone is entitled.'
A Department for Education (DfE) spokeswoman said: 'This Government inherited a Send system left on its knees – which is why we are listening closely to families as we work to make sure more children can thrive in their local school, putting an end to parents having to fight to get support that should be routine.
'Our priority is improving outcomes for children and young people with Send which is why the Education Secretary has been clear that there will always be a legal right to additional support for children with Send.
'We are already making progress, from more early intervention in mainstream schools across ADHD, autism and speech and language needs, through to £740 million investment to encourage councils to create more specialist places in mainstream schools.
'As part of our Plan for Change, we will restore the confidence of families up and down the country and deliver the improvement they are crying out for, so every child can achieve and thrive.'