As the summer holidays end, England’s special educational needs and disabilities (SEND) system feels more strained than ever. Recent months have exposed a growing tension: how do we balance rising financial pressures with the promise of inclusive, child-centred education? At Enable Law, we work every day with families navigating the SEND process. What’s clear is that while reform is needed, it must strengthen – not weaken – children’s rights to support.
EHCPs: A lifeline under debate
Education, Health and Care Plans (EHCPs) remain the cornerstone of SEND support. In 2024, the number of children with an EHCP rose by 10.8%, to over 638,000. This growth has sparked national debate. Former Health Secretary Jeremy Hunt recently backed a think tank proposal to restrict legally enforceable EHCPs to children in special schools. Under this plan, mainstream schools would instead receive more flexible SEND budgets.
It has also been suggested that conditions such as autism and ADHD may be “overdiagnosed.” While the idea of early, non-clinical support is valuable, there is a real risk here. Long NHS waiting lists, patchy mainstream provision, and the fact that EHCPs remain the only enforceable guarantee of help mean that restricting them would leave families vulnerable. Support would become discretionary, not a right.
In a recently published letter by the Guardian, near 100 senior representatives from children and disability rights charities made an appeal to the government not to remove the right to an EHCP from children attending mainstream schools. The same piece highlighted that about 85% of children with SEND in England attend mainstream settings with over 270,000 of them having an EHCP. These legally enforceable documents detail pupils needs and how they need to be met. Removing them means that families will find themselves relying on the good will of schools to make the needed adjustments to enable their children to access education instead of being entitled to them.
At a time when a growing number of families require legal support to access the educational provisions their children are entitled to, we are concerned. A system that turns legal rights into optional support could result in even more children being excluded from education.
SEND Transport: rising costs, hidden causes
SEND transport spending reached £2.26 billion in 2023-24, with some local authorities spending as much as £86 per child per day. These costs are being driven by a combination of factors. Many children are travelling long distances because suitable school places are not available locally. Procurement and contracting processes are often fragmented and inefficient. On top of this, there is a shortage of appropriate placements within reasonable reach of families’ homes. These costs are not the problem – they are a symptom. Families are forced to look 50 miles or more from home because local placements aren’t available. Cutting transport budgets won’t fix this. Building the right local provision will.
Throughout the summer, we’ve heard from stressed parents who are worried about “imminent cuts” to their local authority’s SEND transport budgets.
For now, and regardless of any local policy a council might want to implement, these cuts remain unlawful. Any child entitled to transport support through their Education, Health and Care Plan (EHCP) must be provided with it. This is not a right that can be taken away based on a local authority’s decision; it is a change that would require a full system review.
A system in flux
This summer highlighted both the fragility of the SEND system and the appetite for reform. Families and policymakers now face several key issues. The eligibility for EHCPs is under threat of restriction, raising serious concerns about equity and legal rights. Funding and transport costs have reached unprecedented levels, prompting calls for procurement reform but also underlining the need for better provision planning. Local areas are starting to innovate in their infrastructure, but national strategy remains inconsistent and fragmented. Finally, the language used in policy debates is often medicalised and focused on costs, which risks sidelining children’s rights and lived experiences.
Putting children and young people first
As we head into autumn, the real question is this: what happens to a legal right when it is deemed too expensive? SEND reform is overdue, but it must be bold, honest, and fair. Above all, it must put children – not cost-control – at the centre. At Enable Law, we will continue to support families to secure the provision their children are legally entitled to because every child deserves the right start in life.
How we can help
If you are the parent or carer for a child/young person with suspected or diagnosed SEN and have concerns about the education provision available to them, we can help you. Our specialised education team has decades of experience helping families secure and maintain the right education provision for their child/young person. To speak with a member of our team and have an initial free discussion about your concerns and how we can help call us on 0800 044 8488 or fill in our contact form.
