Why SEND Could Be The Next Big Battle For The Government
The government has said SEND reform is necessary. (Alamy)
5 min read
After a bruising effort to avoid a major rebellion over its welfare reforms, the government now faces the challenge of selling its plans for SEND to Labour backbenchers.
The current provision of care for children with special educational needs and disabilities (SEND) has been described by the National Audit Office (NAO) as "financially unsustainable", and the government has said it needs reform.
In March, Education Secretary Bridget Phillipson said the current system for SEND "hasn't delivered" and that the government needed to think "very differently" about what the system should look like.
This month, the government signalled that it would move ahead with reforms to SEND provision and, to the unease of some Labour MPs, has refused to rule out abolishing Education, Health and Care Plans (EHCP).
Phillipson on Sunday told the BBC: "What I can say very clearly is that we will strengthen and put in place better support for children.
"I've been spending a lot of time listening to parents, to disability rights groups, to campaigners and to others and to colleagues across Parliament as well, because it's important to get this right."
How does SEND work at the moment?
There is varied support available for SEND children, including provisions in some state schools.
One of the most important avenues of support is EHCPs. These are provided by local authorities, supporting children with conditions like Down's Syndrome and anxiety.
Support ranges from transport to special schools, like taxis, to paying for private education if local state school provisions are unable to meet a child's needs.
The number of EHCPs that have been issued by councils has been steadily increasing over recent years.
Why does the government want reform?
As demand for SEND has increased, provision has come under growing strain, raising questions about the financial sustainability of the system and the quality of the care.
The government is keen to move away from the need for EHCPs, and create a system in which SEND children can be educated in mainstream settings.
It comes after a report by NAO last year found the system was “financially unsustainable”, and that while the Department for Education had previously committed to improving the current system, there was "no evidence [current measures] will fully address the challenges”.
In 2023, a government survey found that 59 per cent of parents who sent their child with SEND to a mainstream school felt their child was well-supported. However, a much larger share — 90 per cent — of parents of children at special schools said they were well-supported overall.
Speaking to PoliticsHome in October, former children's commissioner Anne Longfield said the report was a “watershed moment" because it had provided a "definite position on where we are in terms of SEND".
“Every local authority that faces the prospect of financial unsustainability also faces the prospect of not being able to offer [wider] support for children that is needed…" said Longfield.
"There’s no doubt some of these choices will limit opportunity for children and also limit safeguarding around children."
Education Committee chair and Labour MP Helen Hayes also told PoliticsHome at the time her committee is “ready” to investigate any reforms to the SEND system proposed by the government.
What does the sector want?
While there is a general consensus that the current system of provision for SEND children is inadequate, recent speculation about planned reform has caused alarm.
There is growing concern among stakeholders and many MPs that the government's refusal to rule out scrapping EHCPs in favour of educating SEND children in mainstream settings will have an adverse impact on vulnerable children.
In a letter to The Guardian, signed by dozens of campaigners and experts, including the president of the National Autistic Society, the government was urged not to abolish EHCPs and to protect children's rights to them "now and in the future".
"Set alongside catastrophic plans to cut benefits for disabled people, this raises the question of who we are as a country and the kind of society in which we want to live," it said.
"Whatever the SEND system’s problems, the answer is not to remove the rights of children and young people. Families cannot afford to lose these precious legal protections."
On Wednesday, Leader of the Liberal Democrats Ed Davey raised SEND with Prime Minister Keir Starmer, urging him to work with the Lib Dems on an improved system.
"After years of Conservative neglect, the special education needs system is in desperate need of repair, but with parents understandably worried, we already hear Labour MPs planning another rebellion," he said.
"So, can I offer the Prime Minister this: if he genuinely wants to fix the problem, and not strip away the rights of children and parents in some cost-cutting exercise, then we have 72 votes to help.
"Will the Prime Minister look at the five tests for SEND reform we have published today, and work with us to make it happen?"
Why might there be a backlash?
There is growing concern among Labour MPs that vulnerable children could be negatively impacted by reforms.
Keen to avoid a repeat of the recent welfare rebellion, in which many Labour MPs accused Downing Street of failing to listen to their concerns in the run-up to the House of Commons vote, the government has been keen to engage with the Parliamentary Labour Party on its plans for SEND.
PoliticsHome reported on Tuesday that Education Secretary Phillipson has had lunch with a number of Labour MPs in recent weeks as part of the outreach effort.
"Either they [government] get good at politics, or it gets slated, again, for doing the right thing but doing it badly. We cannot afford a repeat of welfare reform," a Labour source told PoliticsHome.
"The current SEND system is not working for children and parents and is completely unaffordable."
Additional reporting by Matilda Martin.
