Disabled children’s legal rights are ‘red lines’ in Send overhaul, ministers warned

Ministers have been warned that any dilution of legal rights for disabled children and their families would cross “red lines”, as the government prepares substantial changes to special education needs and disabilities (Send) provision in England.

The Disabled Children’s Partnership, which represents more than 130 charities and professional groups, has written to the education secretary, Bridget Phillipson, and MPs to raise concerns that the overhaul will “come at the expense of children’s legal protections”.

The government is due to publish a white paper in February setting out radical changes to Send provision. The plans are expected to include extra funding and specialist support, which it is claimed will enable mainstream schools in England to meet the needs of a wider range of children and young people.

However, charities fear the new approach could come at the expense of restrictions to the current system of education, health and care plans (EHCPs) negotiated between parents and local authorities and arbitrated by a specialist Send tribunal.

Katie Ghose, the chief executive of the disability charity Kids, said: “Parents will be worried about plans until they can see, in black and white, that legally guaranteed support will be there for every child who needs it.

“Parents are also worried about not having a big red button to press when their child isn’t supported in the way they need. Parents will be worried about both plans and accountability until they can see those guarantees are locked down in law.”

The letter, backed by organisations including Mencap, the National Autistic Society and the Council for Disabled Children, says any changes must not “strip away legally enforceable plans for children who need them”, or abolish the Send tribunal, disrupt current support or placements, or narrow the definition of Send in a way that restricts eligibility.

The letter listed other “red lines”, including any abrupt cut in support from the age of 18, and called for greater training and support for mainstream schools and more inclusive school behaviour and attendance policies.

“These protections are not optional. They are the foundation of trust, stability and accountability within the Send system,” the letter states.

Jolanta Lasota, the chief executive of Ambitious about Autism, one of the coalition’s members, said parents had become increasingly anxious amid media speculation and leaks suggesting a trade-off between earlier help for children with special needs at the expense of removing some legal rights.

“The number one thing is that these reforms need to be developed in partnership with children and young people, with their parents and carers, with experts in this field. The anxiety wouldn’t be there if those people were seen as partners rather than as stakeholders to be managed,” she said.

“The main concern, even prior to this government, is of any stripping away of legally enforceable plans for children and young people who need them. If we take away that safety net without developing long-term goals around changing culture and building capacity in mainstream schools, there is a really high risk that those children will be out of education entirely.”

A Department for Education spokesperson said: “Every child with Send deserves to belong and thrive at school, and to get the right support at the right time. We are determined to fix what isn’t working in the system while protecting and improving families’ rights and children’s outcomes.

“Too often children’s needs are not being met early enough, forcing parents to fight for support. We will end that fight by providing upfront support for families through £200m to train all teachers on Send, at least £3bn to create 50,000 new specialist places and dedicated Send leads in every Best Start family hub.”