Ministers have been issued a stark warning that any weakening of legal protections for disabled children and their families would represent an unacceptable crossing of "red lines", as the government prepares to implement substantial reforms to special educational needs and disabilities provision across England.
Charities Raise Alarm Over Legal Protections
The Disabled Children's Partnership, representing more than 130 charities and professional groups, has written directly to Education Secretary Bridget Phillipson and MPs to express serious concerns that the forthcoming overhaul could potentially "come at the expense of children's legal protections". This coalition includes prominent organisations such as Mencap, the National Autistic Society, and the Council for Disabled Children, all united in their determination to safeguard existing rights.
White Paper Anticipation Creates Anxiety
With the government scheduled to publish a white paper in February outlining radical changes to Send provision, anxiety is mounting among parents and advocacy groups. While the plans are expected to include additional funding and specialist support designed to help mainstream schools accommodate a broader range of children, there are fears that these improvements might be accompanied by restrictions to the current system of education, health and care plans.
Katie Ghose, chief executive of the disability charity Kids, articulated the prevailing concern: "Parents will be worried about plans until they can see, in black and white, that legally guaranteed support will be there for every child who needs it. Parents are also worried about not having a big red button to press when their child isn't supported in the way they need."
Essential Protections Must Remain
The coalition's letter outlines several non-negotiable protections that must be preserved in any reform package:
- Maintaining legally enforceable plans for children who require them
- Preserving the specialist Send tribunal that arbitrates disputes
- Avoiding disruption to current support arrangements and placements
- Preventing any narrowing of the Send definition that might restrict eligibility
The document emphasises that these protections represent "the foundation of trust, stability and accountability within the Send system" and cannot be treated as optional elements.
Additional Concerns and Demands
Beyond the core legal protections, the coalition has identified other critical issues that must be addressed:
- Preventing abrupt cessation of support when children reach 18 years old
- Implementing comprehensive training and support programmes for mainstream schools
- Developing more inclusive behaviour and attendance policies across educational institutions
Partnership Approach Urged
Jolanta Lasota, chief executive of Ambitious about Autism, highlighted the importance of involving those most affected by the changes: "The number one thing is that these reforms need to be developed in partnership with children and young people, with their parents and carers, with experts in this field. The anxiety wouldn't be there if those people were seen as partners rather than as stakeholders to be managed."
She further cautioned against removing the existing safety net without establishing robust long-term strategies: "If we take away that safety net without developing long-term goals around changing culture and building capacity in mainstream schools, there is a really high risk that those children will be out of education entirely."
Government Response and Commitments
A Department for Education spokesperson responded to the concerns by stating: "Every child with Send deserves to belong and thrive at school, and to get the right support at the right time. We are determined to fix what isn't working in the system while protecting and improving families' rights and children's outcomes."
The department outlined specific measures being implemented, including:
- £200 million allocated to train all teachers on Send requirements
- At least £3 billion to create 50,000 new specialist places
- Dedicated Send leads in every Best Start family hub
The spokesperson added: "Too often children's needs are not being met early enough, forcing parents to fight for support. We will end that fight by providing upfront support for families."
As the February white paper publication approaches, the tension between ambitious reform and essential protections continues to define the debate surrounding England's Send system, with disabled children's legal rights remaining at the very centre of discussions.
