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Children Face Review of Right to Special Needs Support
Thousands of families across England are anxiously awaiting the outcome of a government review into children’s legal right to special educational needs and disabilities (SEND) support — a move that could reshape how help is delivered in schools.
Under the current system, children with additional needs can receive statutory protection through an Education, Health and Care Plan (EHCP). These plans legally require local authorities to provide tailored support, ranging from specialist teaching assistance to therapy services and transport.
However, rising demand and spiralling costs have placed enormous strain on councils and schools. According to figures from the Department for Education, the number of children with EHCPs has more than doubled over the past decade. Local authority SEND budgets are now running into significant deficits, with many councils warning the system is financially unsustainable.
Why Is the Right Being Reviewed?
The government says the review is aimed at improving consistency and ensuring children receive support earlier — without families being forced into lengthy legal battles. Critics, however, fear changes could weaken the legal protections that currently guarantee support.
Campaigners argue that EHCPs are often the only way parents can secure vital provision for children with autism, ADHD, speech and language difficulties, and other complex needs. Without statutory backing, they say, support could become discretionary and vary widely between areas.
Education unions and disability charities have urged ministers to protect the legal rights framework while addressing inefficiencies. Some families report waiting more than a year for assessments, missing out on classroom help during crucial developmental stages.
Pressure on Schools and Councils
Headteachers say mainstream schools are increasingly stretched. Larger class sizes, limited specialist staff, and reduced funding have made inclusive education more challenging. Meanwhile, tribunals — where parents appeal against local authority decisions — have surged, with most rulings reportedly going in favour of families.
Local authorities argue that the system encourages costly independent school placements when mainstream settings lack resources. Reform proposals are expected to examine how funding is distributed and whether earlier intervention could reduce the need for formal plans.
What Happens Next
Any changes to the statutory right to SEND support would likely require consultation and legislative reform. Ministers insist no final decisions have been made, but advocacy groups are preparing for a fierce debate.
For families of children with additional needs, the stakes are high. The outcome of the review could determine whether future generations retain a clear legal entitlement to support — or move towards a more flexible, but potentially less secure, model.
As discussions continue, parents, educators and policymakers face a difficult question: how to balance financial sustainability with the fundamental right of every child to an education that meets their needs.
Attached is a news article regarding children facing review over the support for special needs
Article written and configured by Christopher Stanley
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