Is England's Special Educational Needs System About to Get a Major Overhaul?

The UK government has announced significant changes to the eligibility criteria for Education, Health and Care Plans (EHCPs) in England, stating that from 2035, only children with the most complex special educational needs will qualify. This move, part of the broader reform of the Special Educational Needs and Disabilities (SEND) system, aims to create a more inclusive educational environment, but it has raised concerns about funding and resources needed to support these changes.

Last updated: 12 October 2023 (BST)

What’s happening now

The recent announcement by Education Secretary Bridget Phillipson outlines a transformative approach to England's SEND system. The government intends to shift the focus towards mainstream schools, with a significant £4 billion investment over the next three years aimed at enhancing inclusivity for children with special educational needs. However, the move to restrict EHCP eligibility to only those with the most complex needs has sparked debate among educators and stakeholders, who express concerns regarding the sufficiency of funding and resources to meet the anticipated demand.

Key takeaways

From 2035, only children with complex special educational needs will qualify for EHCPs.
Those already on EHCPs will retain them until at least September 2029, when they will be reassessed.
New individual support plans (ISPs) will replace EHCPs for all SEND pupils, determining their tiered support levels.
The government will invest £4 billion over three years to enhance mainstream school inclusivity.
Concerns about funding adequacy and implementation details persist among education stakeholders.

Timeline: how we got here

The SEND system reform has been in discussion for several years, culminating in the latest announcements. Key dates include:

November 2022: The Office for Budget Responsibility predicted a £6 billion funding gap for SEND by 2028–2029.
October 2023: The Schools White Paper was released, outlining a £4 billion investment and changes to EHCP eligibility.
September 2029: The reassessment of existing EHCPs will begin for children finishing their current educational phases.
2035: New eligibility criteria for EHCPs come into effect, limiting them to children with the most complex needs.

What’s new vs what’s known

New today/this week

The government has introduced a tiered support system, replacing EHCPs with individual support plans (ISPs) for all SEND students. The ISPs will define needs and determine whether students receive "targeted", "targeted plus", or "specialist" support. Only those qualifying for specialist support will be eligible for EHCPs.

What was already established

Previously, EHCPs provided a legal framework for identifying children’s needs and the support they should receive. The increasing demand for EHCPs and the rising costs associated with them had led to calls for reform, which the government is now attempting to address through this new initiative.

Impact for the UK

Consumers and households

For families with children who have SEND, the changes mean that by 2035, only those with the highest level of need will have access to the comprehensive support previously provided by EHCPs. This could lead to increased difficulties for families navigating the new system and securing appropriate support for their children.

Businesses and jobs

Schools may face challenges in hiring and retaining staff adequately trained to support the new tiered system. The need for specialist teachers and support staff will rise, and without sufficient funding, schools could struggle to meet these demands, potentially affecting educational outcomes.

Policy and regulation

The government has committed to a £4 billion investment in SEND provisions, but education leaders are sceptical about whether this will be enough. The funding is aimed at increasing resources in mainstream schools, but critics argue that clear strategies and additional financial support will be necessary for successful implementation.

Numbers that matter

£4 billion: Total government investment over the next three years for SEND reform.
£1.6 billion: Amount allocated directly to schools and early years settings.
£1.8 billion: Funds earmarked for specialist support services, including therapists.
£6 billion: Projected funding shortfall for SEND services by 2028-2029.
2035: Year by which new EHCP eligibility restrictions will be enforced.

Definitions and jargon buster

EHCP (Education, Health and Care Plan): A legal document outlining a child’s special educational needs and the support they are entitled to receive.
SEND (Special Educational Needs and Disabilities): A term used to describe children who require special educational provision due to their needs.
ISP (Individual Support Plan): A new type of document schools will create to outline the support needs of all SEND pupils.

How to think about the next steps

Near term (0–4 weeks)

Schools will begin preparations for the implementation of ISPs and the new tiered support structure. Parents and educators should engage in discussions to understand the changes and how they will impact current students.

Medium term (1–6 months)

As the reassessment of EHCPs begins in September 2029, stakeholders need to ensure that clear guidelines and expectations are established to facilitate a smooth transition to the new system.

Signals to watch

Updates on funding allocations to schools and the SEND sector.
Feedback from families regarding the new ISP system and its effectiveness.
Legislative developments and consultations concerning the SEND reform.

Practical guidance

Do

Engage with your child's school to understand the new support structures being put in place.
Monitor developments regarding funding and resources for SEND education.
Advocate for transparency around eligibility and support provisions under the new framework.

Don’t

Assume the new system will provide the same level of support as the existing EHCPs without scrutiny.
Neglect to participate in discussions about your child's individual support plan.
Overlook the importance of collaboration between parents, schools, and support services.

Checklist

Understand your child's current support needs and how they may change under the new system.
Stay informed about funding announcements related to SEND reforms.
Attend school meetings and consultations regarding ISP implementation.
Build a support network with other parents facing similar challenges.
Keep documentation of all correspondence and decisions related to your child's education.

Risks, caveats, and uncertainties

The effectiveness of the new SEND reforms hinges on the government's ability to provide adequate funding and resources. Critics have pointed out that the announced budget may not cover the projected shortfalls, and without clear guidelines on eligibility and support, families could face additional challenges. The transition from EHCPs to ISPs may also create confusion, particularly if schools are not adequately prepared to implement the new plans.

Bottom line

The upcoming changes to the SEND system represent a significant shift in how support is provided to children with special educational needs in England. While the government aims to create a more inclusive environment, concerns about funding and clarity on the new eligibility criteria raise questions about the feasibility of these reforms. Families and educators must remain vigilant and proactive in advocating for the necessary resources and support to navigate this evolving landscape.

FAQs

What are the new eligibility criteria for EHCPs?

From 2035, only children with the most complex special educational needs will qualify for EHCPs, while the new system will implement individual support plans for all SEND pupils.

How will existing EHCPs be handled?

Children currently on EHCPs will retain them until they finish their educational phase, with reassessments starting in September 2029.

What is included in the £4 billion investment for SEND?

The investment includes £1.6 billion directly to schools and £1.8 billion for specialist support services, aimed at making mainstream schools more inclusive for children with SEND.