Labour Send changes at risk as parents rush to secure support, say experts

Overhaul of special education in England could unravel, thinktank finds, because of ‘use it before you lose it’ dynamic

Labour’s flagship changes to special education in England are at risk of unravelling because parents are rushing to secure support for their children before the system changes, new analysis has found.

The thinktank’s report calls on the government to review the timetable for the changes. And it suggests that if ministers do not act they “risk basing both their reforms and spending plans on assumptions that the system cannot deliver”.

The Guardian recently reported that councils and schools have reported a surge in applications for EHCPs, with one school describing the level as “unreal” compared with previous years. Several councils are now projecting that at the current rates of increase, nearly one in 10 pupils will have an EHCP by 2029.

“There’s a ‘use it before you lose it’ dynamic, as schools and parents have an incentive to secure EHCPs before they are phased out, because there’s a lot of uncertainty about what these new specialist packages of support will contain and who will be eligible for them,” she said.

But Dellar said budgets for the additional resources for special educational needs and disabilities (Send) would be eroded if demands for EHCPs shot above the government’s own forecasts, with councils saying they have to keep issuing EHCPs until the existing legislation is repealed.

“It has a lot politically riding on it as well, and of course in terms of the wellbeing of the children and families involved.”

A Department for Education (DfE) spokesperson said: “The figures in this report are speculative and there is no evidence that proposed reforms are driving additional EHCP demand.

“It is vital that we take the time needed to get this right, but we are completely committed to the implementation timelines set out in the schools white paper and will announce next steps soon.”

Many parents said the EHCP application process – introduced by the Conservatives in 2014 – required lengthy waits for NHS assessments for conditions such as ADHD or autism, or great expense for those who could afford private assessments. Families then face bureaucratic delays from schools and local authorities, or legal appeals to a specialist Send tribunal to override councils’ objections.

The IfG said the additional costs of Send provision could erode the extra funding being offered for state schools in England, saying it could absorb “around two-thirds of the generous schools funding uplift over this parliament”.

The DfE also wants individual support plans to replace many EHCPs, which would be retained for children with the most profound needs.