EHCP: Sweeping schools reforms to Send provision causing concern among parents - what it all means
Government reforms of the education, health and care plan (EHCP) has caused concern among parents of children with special educational needs and disabilities (Send).
The announcement that EHCPs will be reserved only for children “with the most complex needs” has raised fears some young people will lose access to the help they need.
Education Secretary Bridget Phillipson has attempted to allay fears about the sweeping schools reforms, saying the Government will “take away that fight that so many parents” often face in accessing legally-guaranteed support for children with Send also vowing that children with the most complex needs will keep their support plans.
Children’s commissioner Dame Rachel de Souza has broadly welcomed the plans, but said “no child should fear losing their support” and said she will work with the Government and families “to make this a reality”.
Speaking at a school in Peterborough as she unveiled the Schools White Paper policy document on Monday, Ms Phillipson said: “Forget the misinformation you might have heard. EHCPs for children with the most complex needs will stay, guided by nationally-defined and evidence-based specialist provision packages.”
She said the reforms will allow access to earlier support for children as part of a £4 billion investment in the Send system in England to make it more inclusive. Read on for the answers to the biggest questions around the EHCP reform.
Why the Government says Send needs reform
Spending on support for children with special educational needs and disabilities (Send) has ballooned in recent years amid rising demand, leading to spiralling costs for councils and large deficits. Prime Minister Sir Keir Starmer said the current system “does not work” for children and parents, with Ms Phillipson saying too many parents are having to “fight” for the right support for their child. The Government wants a more inclusive system, with the White Paper pledging to provide “inclusive mainstream alongside high-quality specialist provision” through schools.
What is EHCP?
This is a plan given to children and young people aged up to 25 who are deemed to need more support beyond the special educational needs support provided by their school. It is a legal document setting out the support children with Send are entitled to, whether that is educational, health and/or social.
What is an ISP?
The government has proposed a new system for all children with Send called individual support plans (ISPs), which “will be dependent on need, not diagnosis”, Ms Phillipson told reporters.
Schools across England will have a statutory duty to draw up up ISPs – a digital document which the department said would “evolve as a child’s needs change”. The plan would describe the child’s day-to-day educational provision and the support required, with the DfE saying it would be “created collaboratively with parents”.
Will children with Send lose support in EHCP?
Children who are currently in year three or above will keep their EHCP until at least age 16. For those in year two or below, they will be reassessed when they move to secondary school. After the reforms come in from 2030, when children reach the end of either primary, secondary or post-16, they will have their EHCP reviewed.
When they are reassessed, it will be decided whether the child needs a specialist provision package (SPP). If they do, a new EHCP will be developed and the school will draw up an ISP. If it is decided the child does not need the SPP, the child’s school will still draw up an ISP setting out how they will be supported.
How many children could lose EHCPs?
Around one in eight children and young people currently holding an EHCP will transition to an ISP between 2030 and 2035 after the review of their support, the DfE has estimated.
What will be the highest level of support under the new system?
Children with the most complex needs, which are deemed not able to be met in a mainstream classroom, will be entitled to SPPs. These will be backed by an EHCP. The SPPs will be developed by expert panels.
How parents challenge decisions on Send support
If parents want to challenge decisions made about ISPs, they can complain through the usual school complaints process. If the complaint is not able to be resolved at this level, the complaint should be considered by a panel that have not previously been involved with the complaint that includes Send experts.
Appeals about ISPs cannot be made to tribunals. Families can appeal to tribunals against decisions about whether their child meets the new thresholds for an SPP and EHCP.
Government funding for more Send support
The reforms are backed by £4 billion funding to prepare the system for the reforms. Mainstream schools, colleges and early years providers will get £1.6 billion over three years to help them provide support to Send children.
The Government has also announced £1.8 billion over three years to create a bank of specialists in every area such as Send teachers and speech and language therapists that schools can draw from. It has already been announced the Government will spend £200 million to give all teachers training in supporting children with Send.
From now until 2030, some £3.7 billion capital funding will also be invested to create tens of thousands of new specialist places.