Reforms to Special Educational Needs and Disabilities (SEND) in England

The UK government has introduced significant reforms to the Special Educational Needs and Disabilities (SEND) system, aiming to limit parental choice in selecting special schools and reduce associated costs. Under the new proposals outlined in the Schools White Paper, parents will receive a shortlist of schools curated by local councils, rather than having unrestricted access to choose any special school. This shift is intended to ensure that decisions are made with a holistic view of community needs, focusing on quality and proximity to home.

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Education Secretary Bridget Phillipson emphasized that these reforms are designed to reduce the financial burden of home-to-school transport, which is projected to escalate to £3.4 billion annually by 2030-31 without reform. The government has allocated a £4 billion funding package to support these changes, in addition to £3.7 billion aimed at creating 60,000 specialist places in mainstream schools. This investment is part of a broader strategy to decrease reliance on expensive private special schools, which can charge over £100,000 per child annually.

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The reforms also include measures to regulate private SEND schools, which have been criticized for their high fees and profit-driven models. Phillipson stated that the government aims to address "unacceptable" costs associated with these institutions, particularly those backed by private equity. The new regulations will focus on ensuring fair admissions, high-quality support, and financial transparency in non-local authority maintained special schools.

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Parents will retain the right to appeal to the SEND Tribunal if they disagree with local authority placement decisions. However, the Tribunal will no longer have the authority to name specific schools in its rulings. Instead, it can mandate a reassessment if the local authority fails to provide an appropriate specialist support package. This change aims to streamline the process while still allowing for parental input.

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Critics of the reforms argue that limiting parental choice could undermine the ability of families to secure the best educational settings for their children. Concerns have been raised about the potential impact on children with lower-level needs, particularly as the government plans to phase out Education, Health and Care Plans (EHCPs) for some of these children by 2030. The surge in EHCPs has already placed significant financial pressure on local councils, leading to calls for a more sustainable approach to SEND funding.

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• “We’ve got to call time on that,” — Bridget Phillipson, Education Secretary

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• “The hope has to be moving forward that suitable provision can be delivered more locally,” — SEND specialist, South West council

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• “Parents often fight to get private SEND schools named on their child’s education, health and care plan (EHCP), a legal document which describes a child’s individual needs and unlocks council funding to ensure those needs are met.” — Institute for Fiscal Studies

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The proposed reforms to the SEND system reflect a significant shift in policy aimed at balancing the needs of children with special educational requirements and the financial realities faced by local authorities. As these changes unfold, the implications for families and the broader educational landscape will continue to be closely monitored.

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