A Threat to Inclusive Education: Why We Must Defend Support for Disabled Children

As CEO, I want to address this directly and reassure our community that we will be at the forefront of challenging any measures that threaten the hard-won rights of Disabled learners. 

The Guardian's report last weekend, highlighting that the Schools Minister, Catherine McKinnell, has not ruled out replacing Education, Health and Care Plans (EHCPs), is deeply alarming. For over a decade, EHCPs have been the cornerstone of support for hundreds of thousands of Disabled children, providing a legal entitlement to the specific support they need to thrive in education – whether that's one-to-one assistance, speech and language therapy, or tailored teaching strategies. 

While we acknowledge the Minister's comments that the current system is "not delivering" for everyone and that parents face a "real battle" to get support, the suggestion that dismantling the legal framework is the answer is misguided and dangerous. The reality is that, even now, thousands of Disabled children and young people do not receive the support they need to flourish, a fact starkly demonstrated by the persistent education attainment gap. The very existence of an EHCP provides a crucial, legally binding mechanism for families to ensure schools meet their child's identified needs. Without this, the right to an inclusive education for many Disabled children could be significantly undermined, potentially forcing more pupils out of mainstream settings. 

The government cites the rising number of EHCPs and the financial unsustainability of the current system. Indeed, a 2024 National Audit Office report highlighted these pressures. However, the solution cannot be to remove the entitlement to support. Instead, we must address the root causes of these pressures: a historic underfunding of SEND provision, a lack of adequate early intervention, and often, a reluctance from some local authorities and schools to meet their existing statutory duties. Frankly, the government is putting the cart before the horse. If the government and schools consistently provided the necessary, timely, and effective support in the first instance, the demand for EHC plans would naturally decrease. 

The Minister's suggestion that "if we had a well-functioning system, if we had that good early support, then you wouldn’t need a complex legal process" is, in principle, something we can all agree with. We all desire a system where support is readily and willingly available without families having to fight for it. The government's announced expansion of the Early Language Support for Every Child (Elsec) scheme is a welcome step in this direction. 

However, "good early support" and a robust legal safety net are not mutually exclusive; they are complementary and equally vital. Early intervention can reduce the need for more intensive support later on, but it will not eliminate the need for tailored, legally enforceable plans for children with more complex or enduring needs. 

To suggest that EHCPs themselves are the problem, rather than a symptom of wider systemic failings, is to misdiagnose the issue. Scrapping or diluting EHCPs without a clear, legally robust alternative would be a regressive step that risks leaving Disabled children without the support they are entitled to and desperately need. It would inevitably lead to greater inconsistency in provision and place even more onus on already overburdened families to advocate for their children's basic rights. 

At Disability Rights UK, we believe that: 

• Legal entitlements are non-negotiable: Any reform to the SEND system must maintain, and indeed strengthen, the legal right to an appropriate education and support for all Disabled children. 

• Investment is crucial: The government must commit to properly funding SEND provision at all levels, from early intervention to specialist support. 

• Accountability matters: There needs to be greater accountability for local authorities and schools to ensure they are fulfilling their statutory duties effectively and in a timely manner. 

• Co-production is key: Disabled people, their families, and representative organisations like ours must be central to the co-design of any new system. The Minister states the government is "listening to parents" and "working on a new system" that is "not fixed yet." This listening must be genuine, extensive, and acted upon. 

We urge the government to provide immediate clarity on its intentions for EHCPs. We stand ready to engage constructively in discussions about how to improve the SEND system, but we will vehemently oppose any proposals that weaken the rights of Disabled children or diminish their access to the education and support they need to achieve their full potential. 

The future of thousands of Disabled children depends on the decisions made now. We must ensure that any changes strengthen their rights, not erode them. Disability Rights UK will continue to champion the right to inclusive education and will be closely monitoring developments, advocating tirelessly to ensure that the voices of Disabled children and their families are heard and heeded. 

If you want to join campaigners in calling for the protection of SEND rights, you can sign this petition and find out more information on the Special Needs Jungle website.