The UK government is considering a controversial overhaul of the special needs education system in England, which could see hundreds of thousands of children with disabilities lose their legal right to extra support in schools. The proposal under review involves replacing or significantly narrowing Education, Health and Care Plans (EHCPs), which have guaranteed access to tailored support for children with special educational needs and disabilities (Send) for over a decade.
Campaigners warn that scrapping EHCPs could push thousands of children out of mainstream schools and into special or alternative education, while many may lose access to essential services altogether. The plan would mark the most significant shift in special needs education since 2014, prompting widespread concern from parents, advocacy groups, and legal experts.
EHCP System Under Financial Strain
The move follows a National Audit Office report showing the current EHCP model is financially unsustainable, with a 140% increase in plans since 2015 and local councils running deficits of more than £100 million. Education Minister Catherine McKinnell admitted that the system is “not delivering” and confirmed that officials are developing a new model — though she declined to rule out ending EHCPs altogether.
EHCPs are legal documents that specify the exact support a child must receive, from one-on-one assistance and therapy to specialist equipment and teaching methods. Without an EHCP, schools are under no legal obligation to meet specific needs, leaving many families unable to secure vital help for their children.
Government Emphasises Early Intervention
In parallel with these reforms, the government has announced a £3 million expansion of the Early Language Support for Every Child (Elsec) programme, aimed at integrating speech and language specialists into schools and nurseries. The goal is to identify and support special needs at an earlier stage — potentially reducing the need for formal diagnoses and legal assessments.
McKinnell argued that earlier, school-based intervention could ease the process for families. “The more we can do at the earliest stage, the more we can save families the challenge and stress of having to seek out support,” she said.
Campaigners Warn of Rights Rollback
However, campaigners are sounding the alarm. Katie Ghose, chair of the Disabled Children’s Partnership, warned that removing EHCPs would be a “fundamental break” from decades of legal protection for disabled children. “This would risk sending more children out of school and into a system that cannot meet their needs,” she said.
Tania Tirraoro of Special Needs Jungle added that the proposed changes appear financially motivated. “We won’t accept the removal of disabled children’s rights without a fight,” she said, warning that the reforms would strip protections from early years, mainstream, and post-16 education settings.
More than 576,000 children and young people currently have an EHCP, but delays are rampant: only half of new plans were issued on time last year, and over 21,000 parents lodged appeals — with a 95% success rate.
Labour Faces Backlash Over SEND and Disability Reforms
Since entering government last year, Labour has vowed to create a more inclusive and efficient special needs education system. Yet critics accuse the party of attacking disability rights, pointing to proposed cuts to personal independence payments (PIP) and changes to Universal Credit for under-22s, including disabled young people.
Campaigners are demanding that any changes preserve the legal guarantees that ensure equal education access for all children, regardless of their needs.
