Reforms to ‘adversarial’ SEND system hoped to ease pressure on parents

Significant changes are coming for how children with special educational needs are supported – sparking cautious optimism among those who have been calling for reform.

One of the biggest proposed changes relate to EHCPs – Education, Health and Care Plans, which have long been the subject of much controversy.

An EHCP is a legal document used for children and young people up to age 25 who have special educational needs and disabilities (SEND) that cannot be met through ordinary school support.

Parents have highlighted concerns over long waits for these plans or non-adherence to them, and the impact on their children. Aware of the issues, the Government has been working on a SEND reforms white paper.

Now the paper has been released, it introduces a sweep of proposals that councillors, charities and other interested parties are still getting to grips with.

Among the most significant is the introduction of Individual Support Plans (ISPs) – an alternative to the current EHCP system.

The plans are similar in essence, but schools will be legally required to create an ISP for every child or young person with SEND.

When preparing these, schools must involve parents and young people from the beginning.

One of the past criticisms of EHCPs was problems transferring information; ISPs will be digital so they can be updated and transferred more easily when a child moves schools.

Meanwhile, EHCPs will continue to be used for children with the most complex needs – and will be improved, says the Government.

Ultimately, ISPs shift the focus away from local authorities. Previously, the EHCP was written and maintained by the council, and if there were problems, parents had to appeal to the SEND Tribunal.

With an ISP, parents will be able to resolve concerns directly with the school via its complaints pathway. They will still be able to appeal to the Tribunal if the school has failed to make reasonable adjustments.

Autism Berkshire is among those organisations that are cautiously optimistic about the changes.

A spokesperson said: “We have long argued for a strengthening of help support for autistic and neurodivergent children in mainstream schools.

“We welcome the pledges in the white paper to deliver this, and for every SEND child to have an ISP or an EHCP reflecting their needs.

“However, these pledges must be backed up with sustained investment to ensure that schools have the resources and training they will need to deliver support in the long term.

“Parents tell us that what they want above all is to not have to fight to secure a place in a school that is best able to meet their children’s needs – whether that is in a mainstream or specialist setting.

“[They want] to be involved in the development of support plans and to see that help provided in the classroom.

“If these proposals can deliver those things, the demand for EHCPs – which is partly driven by families’ frustration about not getting the help their child is entitled to – may ease.

“Fewer cases will end up at tribunal, where councils in England lose 99 per cent of cases at an estimated annual cost of £100million – money that could be better used in schools.”

The Royal Borough's cabinet member for education, Cllr Amy Tisi, said in December that the SEND system had become ‘adversarial’, with parents having to ‘fight for the provision they feel they need.’

She also raised concerns over the costs to the council within the current system, which could ‘bankrupt’ a local authority if left unchanged.

On the news of the white paper’s release, she said: “We welcome the paper – it’s been so overdue and we want certainty for our families.

“It's now a case of really going into [the detail], finding out how this will affect us, and what we do. We will do whatever we can to make SEND work for our children.”