SEND reform must not strip away legally enforceable plans for children who need them, charities warn

The Disabled Children’s Partnership (DCP), alongside parent groups ‘Let Us Learn Too’ and ‘SEND Sanctuary’ have warned that although SEND reform is necessary, it “must not come at the expense of children’s legal protections”.

The organisations insisted that SEND reform must not:

• strip away legally enforceable plans for children who need them;
• force children out of stable placements or disrupt essential support;
• narrow the definition of special educational needs to restrict eligibility;
• abolish the SEND Tribunal, “a vital safeguard for families”;
• cut off support at 18 for young people who need longer to transition into adulthood;
• expand ‘specialist’ provision in mainstream without recruiting and training more specialist allied health professionals and specialist teachers;
• give more responsibility to mainstream early years, school and college staff to educate children with SEND without adequate training;
• keep approaches in mainstream schools around behaviour and attendance that “undermine efforts to be more inclusive”.

Meanwhile, the organisations warned that reform cannot succeed without confronting one of the “central failures in the current system”: SEN Support in schools.

In a joint statement, the organisations wrote: “Although it is intended to meet the needs of most children with SEND, chronic underfunding, inconsistent practice, limited training and the absence of enforceable rights mean too many children are left without help until their needs escalate into crisis.

“Only 8% of parent carers say SEN Support fully meets their child’s needs. Many children experience prolonged absence, school avoidance or exclusion. Families are routinely forced to seek Education, Health and Care Plans - not by choice, but because it is the only way to secure support that should have been provided earlier.”

In light of the issues in this area, the organisations warned that if government is “serious” about reducing pressure on the SEND system, SEN Support provided by mainstream schools must be placed on a statutory footing.

They noted: “This would clarify responsibilities, ensure early and effective support, and create real accountability when children’s needs are not met.”

The organisations called on the Government to:

• provide a legal guarantee of support for every child who needs it;
• strengthen SEN Support in mainstream schools by giving it statutory force;
• ensure reform delivers earlier help, not fewer rights;
• ensure nurseries, schools and colleges are set up for children with SEND, with the right training for staff and support from properly functioning multi-agency partnerships between the Local Authority and NHS; and
• makes sure there are consequences for nurseries, schools and colleges who fail to deliver on their duties.

The Department for Education has been approached for comment.

Lottie Winson