Children with special educational needs at risk of losing legal right to school support

Hundreds of thousands of children with special needs are at risk of losing their legal entitlement to support in schools, as the government refused to rule out scrapping key documents that families rely on to guarantee specialist support.

Education, health and care plans (EHCPs) are statutory documents which outline the support needed to help children with special needs and disabilities achieve key life outcomes.

But speaking to the Guardian, Catherine McKinnell, the school standards minister, declined to rule out narrowing or replacing EHCPs altogether as she confirmed officials were developing a new system for SEND support.

Campaigners have warned such a move could force thousands of pupils out of mainstream education, accusing the government of an “assault on disabled people” in the wake of sweeping welfare cuts which are expected to impact as many as 800,000 disabled people.

Asked whether ministers would scrap or restrict EHCPs, Ms McKinnell said: “No decisions have been taken yet on how we deliver …. The change we want to see is just better support for children at the earliest stage possible. And clearly the system we’ve inherited is not delivering that”.

She added: “Parents have a real battle to get support that should be ordinarily available in school.”

Pressed on the issue, Mrs McKinnell responded: “I think parents would agree that if we had a well-functioning system, if we had that good early support, then you wouldn’t need a complex legal process to access an education.

“Even when families secure an EHCP, it doesn’t necessarily deliver the education that’s been identified … We’re listening to parents. We’re working on a new system. It’s not fixed yet.”

Such a change would provoke significant backlash from campaigners and parents, as without an EHCP, schools in England have no legal obligation to meet a child’s specific needs.

Ms McKinnell’s remarks come after a report from the National Audit Office, published last year, warned that the SEND system was financially unsustainable, with the number of EHCPs having increased by 140 per cent since 2015.

Earlier this month, Dame Christine Lenehan, the Department for Education’s strategic adviser on SEND, admitted the government is looking at whether or not EHCP’s are the “right vehicle” for special educational support.

Reacting to Ms McKinnell’s remarks, Katie Ghose, chair of the Disabled Children’s Partnership, told the Guardian: “Hundreds of thousands of children rely on these plans to go to school safely and learn. This would represent a fundamental break from four decades of political consensus that disabled children need legal guarantees to access education.

“Without that, the government risks sending more children out of school and into a system where their needs are simply not met.”

Tania Tirraoro, the co-director of Special Needs Jungle, warned that campaigners will not “accept the removal of disabled children’s rights without a fight”, accusing Labour of an “entire assault on disabled people of all ages”.

It comes amid growing disquiet over the government’s controversial decision to restrict personal independence payments for around 800,000 people, a key benefit which helps pay for the extra costs of living with a disability, as part a wider programme of welfare cuts.

There is deep concern over the impact of the proposed changes from both Labour MPs and ministers with as many as 150 backbenchers gearing up to rebel over the proposals.

Speaking about EHCPs, Ms Tirraoro added: “This isn’t about improving provision – it’s about saving money. If EHCPs are taken away from mainstream settings, early years and 16- to 25-year-olds outside special schools will lose protection too. That will push more children into special schools, alternative provision, or out of education entirely.”

A Department for Education spokesperson said: “The evidence is clear that this government inherited a SEND system left on its knees – with too many children not having their needs met and parents forced to fight for support.

“This government is actively working with parents and experts on the solutions, including more early intervention to prevent needs from escalating and £740 million to encourage councils to create more specialist places in mainstream schools.

“Any changes we make will improve support for children and parents, stop parents from having to fight for support, and protect provision currently in place. 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.”