The legal rights of children and young people with special educational needs and disabilities (Send) are still under threat. The government’s proposed Send and education otherwise than at school (Eotas) reforms would significantly reduce existing legal rights to enforceable education, health and care plans (EHCPs), parental choice of educational settings and independent routes of appeal.
We support the government’s ambitions for a more inclusive education system. Better teacher training, earlier identification of need, greater specialist expertise and a properly staffed workforce are all necessary. But none of these initiatives require children and families to surrender the legal protections they currently have.
The proposals impact everything from how children and young people qualify for statutory support, what can be written into EHCPs, who decides the provision delivered, where children and young people are educated, how families can challenge poor decisions, and whether children and young people who cannot attend school can secure suitable education elsewhere. The Children and Families Act 2014 places children and families at the centre of decision-making, and the current proposals reverse this.
This is not simply a technical change to Send law. When provision is unsuitable or unavailable, legal rights are often the mechanism through which families can secure a suitable education for their child. A promise that the system will work better cannot substitute for an enforceable right when it does not.
Lucy Powell was a member of the education select committee during its 2019 Send inquiry. The committee concluded that the 2014 reforms were the right ones if problems of implementation and funding were addressed, and specifically warned the government against responding to those problems by “weakening or watering down duties”. We therefore urge ministers to work with Send families and organisations to retain existing Send legal rights, preserve individual provision, improve accountability in the system, and retain meaningful independent routes of appeal.
A genuinely inclusive education system should reduce the number of families who need to enforce their rights. It should not reduce their rights when the system fails.
Chris Packham Broadcaster and campaigner
Carrie Grant Broadcaster and Send parent
Sally Phillips Actor, campaigner and Send parent
Kamran Mallick CEO, Disability Rights UK
Daniel Kebede General secretary, National Education Union
Kellie Bright Actor, campaigner and Send parent
Simon Baron-Cohen Professor in the departments of psychology and psychiatry, University of Cambridge
Dr Virginia Bovell Founder of Treehouse/Ambitious About Autism, author, campaigner and Send parent
Luke Clements Cerebra professor of law and social justice, Leeds University
Eliza Fricker Missing the Mark
John Harris Journalist, writer and Send parent
Robin Ince Comedian, author and broadcaster
Paula McGowan Campaigner
David Mitchell Author and Send parent
Rosa Monckton Peer, and disability and Send campaigner
Saba Salman Journalist and campaigner
Sara Ryan Professor of social care, Manchester Metropolitan University
Ian Birrell Journalist and disability campaigner
Stephen Unwin Director, writer and Send parent
Gareth Hitchin Autism Dadcast
Cathy Wassell CEO, Autistic Girls Network
Marsha Martin Founder, Black SEN Mamas
Suzy Yardley CEO, Child Autism UK
Carol Boys CEO, Downs Syndrome Association
Madeleine Cassidy CEO, IPSEA (Independent Provider of Special Education Advice)
Samantha Clark CEO, Learning Disability England
Alison Bloomer Editor, Learning Disability Today
Claire Dorer CEO, National Association of Special Schools
Andy Stevenson CEO, Reverse Rett
Rachel Filmer Founder, Send Rights Alliance
Sharon Pratt Founding member, Send National Crisis
Tania Tirraoro Founder and co-director, Special Needs Jungle
Dr Mine Conkbayir Early years researcher, author and consultant
Ruth Madeley Actor and disability campaigner
Anonymous co-founder Measure What Matters
Tee Jay Chetwynd Teenage Send campaigner and advocate