Will EHCPs be restricted?

Various papers have been reporting over the last few days that the Department for Education is considering removing the legal right to certain supports for children that have moderate mental health and developmental needs.

Ministers apparently are considering limiting legal documents that guarantee extra support for children with special needs to those with the most severe and complex requirements. For less severe requirements legal rights may be transferred from parents to schools to deal with councils and the government directly.

Various papers note that spending by councils on special educational needs and disabilities (SEND) has doubled in the last ten years and is forecast to almost double again by 2031 without reform. It is being reported that the rise has been driven by increasing numbers of children diagnosed with autism and ADHD being given education, health and care plans (EHCPs).

Children already receiving special needs support are not expected to be affected by the reforms. Those deemed to have very complex or acute needs would also be protected, as they are under the present system, which allows parents to take their local authority to court to challenge decisions on an EHCP.

It is believed that the education white paper due to be published in the new year, will argue that spending on SEND has become unsustainable.  However, any plan to limit access to EHCPs may risk further rebellion from backbench Labour MPs.