The United Kingdom Education Secretary, Bridget Phillipson, refused multiple times on Sunday to confirm whether legally binding Education, Health and Care Plans (EHCPs) would be retained under the new system. These plans currently guarantee tailored support for nearly 640,000 children in England, covering areas such as teaching assistance, therapy, and specialist school placements.
This was as the UK Government is considering scrapping the current system of personalised education plans for pupils with Special Educational Needs and Disabilities (SEND), including autism and ADHD, as part of a wider review aimed at reforming the UK’s special needs provision.
Laura Kuenssberg, Ms. Phillipson, said only that the government would make sure that every child gets the support they need, but stopped short of ruling out scrapping EHCPs entirely.
EHCPs form the backbone of support for many children with complex needs, and their potential removal has sparked serious concern among charities and advocacy groups. Critics fear that reforms could amount to a cost-cutting exercise, stripping children of vital legal protections.
The rising number of EHCPs is up 11% in the past year and has placed increasing strain on local authority budgets, which are legally obliged to fund the often costly support packages. Some EHCPs require local councils to fund placements at private special schools charging up to £100,000 per year.
The government argues that the current system is inefficient and fails to deliver better outcomes despite an annual special needs budget of £11 billion. Officials say the review is focused on reducing administrative burdens and redirecting resources into mainstream schools to provide earlier, more inclusive support.
A government source said the plan was to slash costly bureaucracy and reinvest the savings, adding that there will always be a legal right to the additional support that children with Send need.
However, campaigners warn that dismantling the EHCP system without a robust alternative would leave many families without recourse if support is withdrawn or denied.
“EHCPs are the only legal framework that guarantees joined-up support across education, health, and care,” said Tom Nicholls, assistant policy director at the National Autistic Society. “Removing them risks removing accountability and protections from the most vulnerable children.”
Autism UK’s chief executive, Henry Shelford, acknowledged the system’s flaws but voiced scepticism about the Government’s true intent. “There’s no doubt that the EHCP system could be improved,” but it’s hard to trust that this isn’t about cutting support under the guise of reform,” he said
The number of EHCPs has nearly doubled in six years, with most covering children diagnosed with autism, ADHD, or speech, language, and communication difficulties. These three areas now account for nearly 75% of all EHCPs, while support for children with physical disabilities or severe learning difficulties remains limited.
There are also concerns that Labour’s new 20% VAT on private school fees may lead to a surge in applications for EHCPs, as more parents exit the independent sector and seek state-funded support for children with special needs. Around one in five pupils in private schools are believed to have some form of Send.
Current system broken – Phillipson
Ms. Phillipson has called the current system broken, and a white paper setting out the Government’s proposed reforms is expected in the autumn. But the potential shift has already set the stage for clashes with Labour backbenchers and special needs charities, particularly after Sir Keir Starmer’s recent welfare policy reversal.
In response to growing concern, the Department for Education insisted the government is working closely with parents and experts to deliver a better, more sustainable system.
“There are no plans to abolish. Send tribunals or remove support,” a spokesperson said. “We are investing £740 million to help councils create more specialist places in mainstream schools and are focused on early intervention to prevent needs from escalating.”
The government says its reforms aim to restore confidence in the system and ensure every child receives the support needed to thrive, but for many families, any suggestion of dismantling the EHCP framework raises fears of losing a hard-won legal lifeline.
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