SEND system adversarial not because of existence of the law but because law is “routinely not applied correctly”: IPSEA

Last month, the Secretary of State announced that the Schools White Paper, which will include SEND reform, has been delayed until 2026. In a letter to the chair of the House of Commons Education Committee, she set out the Government’s five principles for SEND reform – ‘Early’, ‘Local’, ‘Fair’, ‘Effective’ and ‘Shared’.

In a letter sent in response to the announcement, IPSEA said it “welcomed” the Government’s decision to take time to get the White Paper right, noting: “It’s absolutely vital that the education system is made to work as it should, so that every child and young person receives the special educational provision and wider support they need.”

Meanwhile, IPSEA said that the SEND legal framework – if it were “fully and consistently implemented” – encompasses all the elements that policy-makers want to see in a reformed system, including earlier intervention and more inclusive mainstream schools.

The organisation acknowledged that one of ministers’ main concerns is how “adversarial” the SEND system has become.

However, IPSEA warned in its letter that the system is adversarial not because of the existence of the law, but because the law is routinely not applied correctly.

It said: "Ensuring that lawful decisions about children’s education are made first time would be the most straightforward route to making the SEND system less adversarial."

Whilst agreeing with the Government’s “five principles” for SEND reform, the organisation noted that all are covered by current SEND legislation and statutory guidance.

It said: “What we believe is missing are the principles of legal entitlement and enforceable accountability.”

The letter stated: “Without clear accountability, duties are too easily treated as guidance rather than law, and families are left to shoulder the burden of enforcing their children’s rights through legal action. Embedding accountability at every level of the system, from central government through to local authorities, schools, health bodies and academy trusts, is essential to ensure that decisions are made lawfully, resources are used effectively, and the rights of children and young people with SEND are upheld in practice, not just in principle."

The MP who chairs the House of Commons Education Committee, Helen Hayes, has also written to the Education Secretary about the Government’s plans for SEND reform, asking Bridget Phillipson to provide more detail on how “parents, educators, experts and representative organisations” will be involved in the “co-creation” of SEND reform.

This week the Chancellor of the Exchequer, Rachel Reeves, announced in the Autumn Budget 2025 that from the end of the statutory override extension in 2028, SEND costs will be absorbed by the Department for Education.

The move has been widely welcomed by local authorities.

Heather Sandy, Chair of the ADCS Inclusive Education Network, said: "This is a constructive recognition of the significant financial pressures faced by local authorities.

“However, the detail will be crucial, and we look forward to greater clarity on the scope of costs to be covered and how these arrangements will work in practice."

Lottie Winson