The government’s forthcoming education reforms threaten to strip away the legal safeguards guaranteed by Education, Health and Care Plans (EHCPs), leaving hundreds of thousands of children with special educational needs (SEN) at risk of exclusion. As councils plead for relief from soaring high-needs budgets, parents fear that weakened protections will further marginalise vulnerable pupils already struggling to stay in school.
EHCP growth outstrips funding
Since 2018, the number of EHCPs in England has surged by 71%, reaching more than 638,000 plans. These legally binding documents entitle children and young people with complex needs to tailored support and specialist placements. Yet during the same period, real-term high-needs funding has fallen by roughly 35%, creating a yawning gap between demand and resources.
- EHCP count: up 71% since 2018
- Local authority high-needs budgets: down 35% in real terms
- SEND transport costs approaching £2 billion annually
- Projected combined deficit: up to £10 billion by 2028
Without urgent action, two-thirds of councils could face bankruptcy, forcing them to curtail SEND services or ration support.
The hidden toll on families
For families, securing and maintaining an EHCP is a protracted battle lasting months, even years. Parents describe anxiety as they navigate lengthy assessments, waiting lists for educational psychologists, and appeals tribunals. Meanwhile, children without sufficient support experience nearly impossible hurdles:
- Persistent absences: 1.3 million pupils missing 10% or more of sessions
- Severe absences: 148,000 pupils missing over 50% of lessons
- Off-rolling and home education: 150,000 elective home-educated, up 60% since the pandemic
- NEET among SEN: over 2,000 young people receiving EHCPs are not in education, employment or training
Many parents are forced to reduce working hours or leave jobs entirely to tutor children at home. Fines for non-attendance add insult to injury, with local authorities issuing thousands of penalty notices despite systemic failures.
Exclusions and the mainstream dilemma
Children with SEN face disproportionate rates of suspension and exclusion. Data shows:
- EHCP-held pupils: three times more likely to be suspended than peers
- Severe absence among EHCP pupils: seven times higher than non-SEN pupils
- One in four autistic children received at least one suspension last year
Special schools, though often oversubscribed, offer specialist expertise. Yet they are costly—averaging £62,000 per pupil, three times the cost of mainstream placements with support. Mainstream schools frequently lack the training, staff and resources to meet complex needs, triggering a cycle of misbehaviour, exclusion and missed learning.
Proposed reforms and parental alarm
The Department for Education (DfE) promises to refocus on inclusion in mainstream settings and to streamline access to special provisions. However, parents fear that tightening eligibility for EHCPs—or reserving plans only for those in special schools—would strip many families of vital legal protections. Campaigners warn of “perverse incentives” compelling parents to push for diagnoses merely to secure additional funding.
- Reform aims: earlier identification, more inclusive mainstream education
- Parental concern: EHCPs may be restricted or phased out for some cohorts
- Local authority variability: 1 in 5 pupils have SEN support in some areas, 1 in 13 in others
Advocacy groups have launched petitions and demanded parliamentary debates. Over 127,000 citizens have signed calls to retain the legal right to EHCP assessments and support.
Addressing the postcode lottery
SEND provision varies wildly by region—both in per-pupil funding and EHCP approval rates. For example:
- Camden: £3,500 per SEN pupil
- East Riding: £1,000 per SEN pupil
- North Somerset: 200% rise in EHCPs over six years
Experts argue for a centrally commissioned high-needs fund to redistribute resources more equitably, and for mainstream schools to embed specialist expertise through outreach units and collaborative partnerships with special schools.