‘SEND reform’ – in danger of becoming code for legal change

1 August 2025

In England we have a robust needs-focused legal system which is designed to make sure all children and young people have the right to access an education that meets their needs, including those with special educational needs (SEN). As a society we should be proud of this. 

Yet at IPSEA we know that positive action and change is needed - too many children and young people are being denied access to an education which meets their needs, and too many parents are having to take action to ensure their child’s rights are upheld. 

There is a lot of talk currently in the press and by political commentators about the need for ‘SEND reform’. Some commentators are using this term as code for the dilution of children and young people’s rights. 

Let’s be really clear here: The problem is not the legal framework.  

The problem is the routine non-compliance with it by settings and local authorities (LAs). For example, we have seen: 

• rocketing numbers of children on SEN Support being excluded, and at far higher rates than their classmates without SEN, strongly suggesting that schools are not meeting their duties to identify and meet SEN  

• many more parents feeling they have no choice but to remove their child from their mainstream school because their SEN aren’t being met  

• ever rising numbers of parents and young people requiring their LA to attend mediation to discuss unlawful EHC needs assessment and plan decisions, and  

• record breaking numbers of SEND Tribunal appeals overturning LA decisions. 

Children and young people’s needs are not a political football to be kicked about to score points.  

When we talk about the need for reform, we need to do so in a responsible way based on facts and expertise. That’s exactly why we, alongside other expert organisations and campaigners, have launched the Save Our Children’s Rights campaign: to make sure people understand what’s at stake if the government proceeds with plans they are considering to remove children’s legal rights or restrict EHC plans.    

The facts are that too few, and not too many, children and young people are receiving an education which meets their needs and too many parents are being forced to hold schools and LAs to account. But when the current legal system is upheld for children and young people with SEN, they can thrive and achieve their potential - and the impact of that can be life-changing. 

About the author

Kate is a member of IPSEA's legal team and a parent to children with SEN. As a member of the legal team, Kate provides legal support to volunteers and supervises their helpline and Tribunal Support Service work. She also writes monthly updates for the volunteers, ensuring they are kept up to date with legal and policy changes. She helps maintain IPSEA’s legal resources and briefings, and provides training to parents, carers and professionals. Kate also supports the policy team in their work. In her spare time, Kate loves to have her nose in a new book, get outside and exercise, and play with her two sons.

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