Children with Special Needs in England Could Lose Legal Right to School Support
Hundreds of thousands of children with special educational needs and disabilities (Send) in England could lose their legal right to support in school, under reforms being considered by the government. Campaigners warn that such a move could drive many children out of mainstream education.
At the heart of the proposed changes are Education, Health and Care Plans (EHCPs), which are legal documents that guarantee support for children with conditions like autism or mental health issues. These plans have been a lifeline for families since their introduction in 2014, ensuring access to vital services such as therapy, classroom support, and specialist equipment.
If EHCPs are restricted or removed, it would mark the most significant overhaul of Send provision in over a decade. The government says the current system is not working, pointing to rising demand and spiraling costs. A 2024 report from the National Audit Office found the number of EHCPs has surged by 140% since 2015, with many councils facing deficits exceeding £100 million.
Schools Minister Catherine McKinnell confirmed that a new framework for Send support is being developed, though she would not rule out scrapping or narrowing EHCPs. She said the aim was to deliver better help earlier in a child’s education journey, without the need for complex legal processes. However, she acknowledged that many parents struggle to get even basic support under the current system.
EHCPs are crucial because they place a legal duty on local authorities and schools to provide tailored support. Without them, mainstream schools have no obligation to meet the specific needs of children with disabilities. While some EHCPs apply to special schools, most are used in mainstream settings. Private schools are not required to follow EHCPs, and local councils are not obliged to fund them—though some do by agreement.
The government’s strategic adviser on Send, Dame Christine Lenehan, recently questioned whether EHCPs are still the best way to support children. Meanwhile, ministers have announced a £3 million expansion of the Early Language Support for Every Child (Elsec) programme, which places speech and language experts in nurseries and schools to identify needs earlier, without lengthy assessments or diagnoses.
McKinnell said Elsec—already used by 20,000 children—will now reach many more, offering early help as part of everyday teaching. “The more we can do early on, the less stress and delay families will face,” she said.
As of January 2024, over 576,000 children and young people had an EHCP in England. But half of all new plans were issued late last year, with some families waiting over a year. The system has become so backlogged that more than 21,000 families appealed to tribunals in 2023—winning 95% of cases.
Labour, in government since July 2024, has pledged to reform the system to make it more inclusive and less adversarial. But campaigners say removing legal protections would be a major step backwards.
Katie Ghose, chair of the Disabled Children’s Partnership, said: “These plans are the only way many children can attend school safely and get the support they need. Removing that legal guarantee would break with decades of political consensus and risk shutting more children out of education entirely.”
Tania Tirraoro, co-director of Special Needs Jungle, added: “We won’t accept the removal of disabled children’s rights without a fight. This isn’t about better support—it’s about cutting costs. Removing EHCPs from mainstream education would strip protection from early years to young adults, leaving many without any path to learning.”
She also criticised broader government policy, accusing Labour of undermining disabled people through cuts to benefits and support. “The government needs to decide if it wants to help disabled people thrive—or leave them behind.”
