Send Overhaul to Slash EHCPs by 270,000 in England, Sparking Parental Backlash Fears
Education Secretary Bridget Phillipson has unveiled sweeping reforms to the special educational needs and disabilities (Send) system in England, a move that will result in approximately 270,000 fewer children receiving education, health and care plans (EHCPs) by 2034-35. The long-awaited changes, announced on Monday, aim to address a multibillion-pound financial crisis in local authorities but risk igniting significant opposition from parent groups and Labour backbenchers.
Restricting EHCPs to Severe Cases Only
Under the new regime, EHCPs—legally binding support plans that guarantee specific levels of assistance—will be reserved exclusively for children with the most severe or complex needs. This includes individuals with lifelong learning disabilities, severe behavioural issues, or physical disabilities. Government modelling projects that the proportion of pupils with EHCPs will plummet from a peak of nearly 8% in 2029-30 to under 5% by 2034-35, assuming stable pupil numbers. This dramatic reduction is intended to stem the rapid escalation in EHCP allocations, which have surged from 240,000 to 640,000 since the system's implementation by the coalition government in 2014.
Phillipson emphasized that the overhaul is designed to prevent parents from enduring protracted battles with heavily indebted local authorities to secure support for their children. In a statement, she declared, "The Send system designed 10 years ago for a small number of children is now broken. Parents end up fighting tooth and nail for entitlements on paper that don't see them getting additional support. Children's educations and lives have suffered. Today's plans will take children with Send from sidelined and excluded to seen, heard and included."
Financial Pressures and New Funding Commitments
The exponential growth in EHCPs has created a staggering financial black hole in local authority budgets, with the Office for Budget Responsibility estimating a deficit of £6 billion within two years. While officials clarified that Phillipson's reforms are not primarily aimed at closing this gap in the short term, the anticipated reduction in EHCP recipients by 2035 is expected to alleviate the strain over a longer period. To support the transition, the government has pledged an additional £4 billion in funding for the new system, with immediate expenditure planned. However, this injection may still necessitate further Treasury bailouts for local authorities by 2028-29, potentially amounting to billions of pounds.
Shift to Individual Support Plans and Reduced Tribunal Powers
Millions of children who do not qualify for EHCPs under the stricter criteria will instead receive individual support plans. These less formal measures, to be negotiated directly with schools, may include access to psychologists, therapists, and dedicated "inclusion bases" within educational settings. Crucially, these plans will be administered by schools rather than local authorities, with disputes initially handled through school-level appeals. Parents dissatisfied with outcomes can escalate concerns to local authorities or the Department for Education, but they will lose the right to appeal to tribunals—a recourse currently available for EHCP disputes.
Furthermore, tribunal powers will be curtailed under the new system; they will no longer be able to mandate local authorities to place Send children in specific schools, thereby granting councils greater control over educational placements. Children in Year Two and below with existing EHCPs will undergo reassessment upon transitioning to secondary school, potentially leading to the removal of plans for thousands who fail to meet the revised criteria.
Political and Consultation Timeline
The proposed reforms, representing the most significant changes to Send provision in over a decade, will undergo a public consultation before legislation is introduced in the next parliamentary session starting in May. The first assessments under the new framework are scheduled for 2029. Labour insiders anticipate potential rebellions among backbench MPs, though Phillipson has engaged in extensive pre-publication consultations to mitigate dissent. The overhaul underscores a pivotal shift in Send policy, balancing fiscal sustainability against the imperative to deliver equitable support for vulnerable children across England.
