The Government is contemplating a potential tightening of the regulations governing the eligibility of children with special needs for specific additional support. This change could lead to an increased number of these children being integrated into mainstream educational settings. Sources within the special needs sector have informed The i Paper that ministers are considering legal modifications to the criteria for Education, Health and Care Plans (EHCPs). These plans are crucial as they guarantee a particular level of support for pupils in educational institutions.
This development comes amid a growing crisis in Special Educational Needs and Disabilities (SEND) education, exacerbated by the surging number and expense associated with EHCPs. The Government has stated that “no decisions on SEND reform have been taken, and any plans would aim to enhance support for children to thrive in educational environments.” However, advocates for special needs are already expressing concerns and are prepared to contest what they perceive as “the most significant threat to disabled children in over a decade.”
EHCPs May Become More Challenging to Obtain
According to insider sources, the Government is exploring ways to revise the legislation established in 2014 to clarify and specify which children should qualify for an EHCP. A source revealed to The i Paper that the Government appears to be moving towards “changing the threshold for EHCPs to make them harder to obtain.” This potential adjustment could lead to a decrease in the number of children with plans that allow them access to costly state-funded placements in private special schools, while concurrently increasing the number of SEND pupils in mainstream educational settings.
The Government is already committed to enhancing the capacity of schools to support this shift. In December, the Department for Education (DfE) allocated £740 million in capital funding to establish more specialist SEND opportunities within mainstream schools. This funding can be utilized to modify classrooms for children with SEND and to develop specialized facilities within mainstream schools that can provide more tailored support suited to the needs of these pupils.
The number of EHCPs has seen a remarkable increase in recent years, soaring by 71 percent, from 253,679 in 2018 to 434,354 last year, according to data from the Department for Education (DfE). This escalation is a significant factor behind the accumulated £3.3 billion deficit in the “high needs” education budgets of local authorities, as reported by the Institute for Fiscal Studies (IFS) in December. Nonetheless, some advocates are deeply concerned about any changes that could reduce the number of EHCPs.
How Adjusting EHCP Thresholds Could Work
Under the 2014 Children and Families Act, children are eligible for an EHCP after undergoing a two-step legal assessment process. Initially, a parent can request an EHCP assessment if the child has or may have special educational needs that can only be addressed through specialized educational provision. Following the assessment, if the local authority determines that the child’s needs cannot be met within a mainstream school, an EHCP will be issued. Any revision of the thresholds established by the 2014 Act could result in diminished support for SEND children, with a heightened emphasis on mainstream education.
A union representative specializing in SEND remarked that adjusting EHCP thresholds is an “apparent solution to the current situation that is spiraling out of control.” They suggested that this could be achieved by modifying the assessment criteria or by becoming “stricter about the production of plans.”
Advocates Ready to Contest Any ‘Threat’ of Change
Rachel Filmer from Special Needs Jungle, an organization that aids families of children with SEND, stated: “Even with the current law, our most vulnerable children are being let down, and the social and financial repercussions of this failure are escalating. Reducing the legal rights of disabled children, apart from being ethically indefensible, will do nothing to prevent local authority bankruptcies and the pressure on government spending.”
Campaigners view this movement as the gravest threat to disabled children in over a decade and are prepared to resist it vigorously. Catriona Moore from the SEND legal advice charity IPSEA commented: “No evidence has been presented indicating that any child or young person has an EHC plan that they do not require. The existing legal threshold is for a needs assessment, which may or may not result in the issuance of an EHC plan. Making it more difficult for a child or young person with SEND to receive an assessment will not eliminate those needs. Policymakers must be clear about their expectations regarding the outcomes.”
Anna Bird, chair of the Disabled Children’s Partnership—a coalition comprising more than 120 charities and parent groups—emphasized: “We share the Government’s goal of enabling more children with special educational needs to receive an education without necessitating a legal process. The current reality for hundreds of thousands of children is that securing an Education, Health and Care Plan is the only avenue to obtain the support they require. Reducing the number of children eligible for plans would leave countless disabled children without the education that every other child and family considers standard.”
However, Steve Chalke, founder of Oasis Academies, which operates over 50 schools across England, mentioned that reducing EHCPs could be effective if it is accompanied by appropriate support within mainstream schools. He stated: “If the right intervention is provided for a child, many of them may never need an education healthcare plan—this has been observed repeatedly. While some children will always necessitate an EHCP, many will not if they receive the comprehensive inclusive care they require in their current school.”
Unions Advocate for Enhanced Resources to Support SEND
Education unions concur that the Government must address the rising number of EHCPs, but they assert that mainstream schools require increased funding and resources to adequately support more SEND children. Daniel Kebede, general secretary of the National Education Union (NEU), stressed the urgent need for ministers to tackle the “inability of parents to receive sufficient support for children with special needs without a formal EHCP” and called for amplified resources for mainstream schools.
He expressed concerns that “merely tightening the regulations will lead to more children being denied the appropriate support they need.” Paul Whiteman, general secretary of the school leaders’ union NAHT, remarked that given the “rapid” increase in EHCPs over the past decade, it is “understandable if the Government is scrutinizing when and how they are implemented.” However, he cautioned that simply reducing the number of EHCPs granted or altering the processes involved in their approval will not address the fundamental needs that children and young people possess.
Pepe Di’Iasio, general secretary of the Association of School and College Leaders, stated: “Any modifications to the thresholds for EHCPs must be approached cautiously to ensure that children do not miss out on the level of support they require and that parents have confidence that their needs are being addressed. This necessitates ensuring that mainstream schools receive the funding necessary to provide enhanced support within their environments—something that is not currently available. It will also require ready access to specialists such as educational psychologists and speech and language therapists, where shortages often exist. Furthermore, this support should be implemented as early as possible to prevent additional needs from becoming increasingly complex and requiring more substantial support in the future. It is crucial that these actions are taken in the correct sequence—resolving the system before modifying EHCP thresholds.”
A spokesperson from the DfE stated: “No decisions on SEND reform have been made, and any potential plans would aim to enhance support for children to succeed in their educational journeys. The system we inherited has been failing to meet the needs of children and families for far too long, which is why we are engaging with experts, schools, parents, and families on reform plans. Through our Plan for Change, we are committed to improving inclusivity and expertise in mainstream schools, alleviating the unsustainable pressure on local government finances, and restoring parents’ trust that their child will receive the appropriate support.”
