The legal rights of children and young people with special educational needs and disabilities (SEND) are reportedly under threat due to proposed government reforms. These reforms, concerning SEND and Education Otherwise Than At School (EOTAS), could significantly reduce existing legal rights to enforceable Education, Health and Care Plans (EHCPs), parental choice of educational settings, and independent routes of appeal.
A group of campaigners and SEND parents, including Chris Packham, Carrie Grant, and Sally Phillips, are urging ministers to collaborate with families and organisations. They advocate for the preservation of individual provision, improved accountability within the system, and the retention of meaningful independent routes of appeal.
The proposals are said to impact various aspects, including how children qualify for statutory support, what can be included in EHCPs, who determines provision, where children are educated, and how families can challenge decisions. The Children and Families Act 2014 placed children and families at the centre of decision-making, and the current proposals are described as reversing this.
Lucy Powell, who was part of the education select committee during its 2019 SEND inquiry, noted that the committee concluded the 2014 reforms were appropriate if implementation and funding issues were addressed. The committee specifically cautioned the government against weakening duties in response to these problems.