Children with special needs in England receive individualized support and treatment directly from their schools as part of the Government’s reform of special education provision in England.
Under the plans, mainstream schools would be given commission budgets to spend on therapists or extra support, instead of money controlled by heavily indebted local authorities.
The plans are part of a package of sweeping changes to the Special Educational Needs and Disabilities (PDP) regulations, which will be announced by Education Secretary Bridget Phillipson on Monday.
The measures are aimed at addressing deep-rooted problems with the SEND system and curbing the spiraling costs that have brought many councils to the brink of bankruptcy. Critics of the current system say lop-sided funding mechanisms leave hundreds of thousands of children with little or no support in mainstream schools, leaving their families to fight local authorities for help.
But government officials are concerned that proposals to limit who can access education, health and care schemes could face a backlash from parents’ groups and Labor MPs when it comes to a Commons vote.
Some are particularly concerned about plans to test current holders of ECHPs against new tougher standards when they go to secondary school, while others want to ensure parents can make a legal appeal if they feel schools are not meeting their children’s needs.
Meg Hillier, chair of the Treasury Select Committee, said: “The main thing is trust. Parents are worried if they think their support could be taken away from them.”
But unlike welfare reform, which she led a successful rebellion against last year, she said ministers were struggling to reach out to Labor MPs and were not focusing on reform over saving money.
Another Labor MP said: “The Government has got everyone very worried. But the truth is that everyone recognizes the need for reform and will not let them continue.”
Government insiders are hopeful that the coup may have been averted in part because the Treasury has been generous with more funding than expected.
The full package of reforms will be phased in, with mainstream schools making extra provision and support “generally available” to any pupils.
Those schools are also expected to make “reasonable adjustments” to accommodate children with conditions such as autism, ADHD or mental health issues or face potential legal action.
That action could include appealing to an independent ombudsman or changing equality rules to make the rights of disabled children clearer.
Children with special needs in mainstream schools are eligible for Individual Support Plans (ISPs), which provide better legal rights and guarantees to children who do not need an EHCP.
But policymakers say reforms will be derailed if the government fails to make clear the benefits of the new system, including continued protections for EHCPs that agree between families and councils on individual children’s needs and support.
The new format for EHCPs will only affect children from 2030 onwards and will take into account the additional provisions available in mainstream schools.
Those involved in the discussions told the Guardian: “If MPs hear that EHCPs have safeguards and more money [in the system]I think they’ll come onboard.
More than 480,000 children and young people have EHCPs in schools in England and the reports focus on fears that EHCPs could be reduced or removed during the transition from primary to secondary school after 2030.
The first-tier Equality Tribunal will still be available for appeals involving EHCPs, but its role will be “refocused” and consider other legal avenues available to families.
