Hundreds of thousands of children with special educational needs in England could lose their legal right to extra help in school, under changes being considered by the government. Campaigners warn the move could force many pupils out of mainstream education.
The possible changes affect Education, Health and Care Plans (EHCPs), which have been in place for over a decade. These legal documents guarantee support for children with conditions such as autism or mental health challenges.
Scrapping or reducing the EHCP system would be the biggest shift in special needs education since reforms in 2014. Parents, charities, and legal experts are already raising concerns about the impact.
A 2024 report by the National Audit Office said the current system is under financial strain. The number of EHCPs has risen by 140% since 2015, and many councils are now running deficits of more than £100 million.
School Standards Minister Catherine McKinnell said the current system is “not delivering.” She confirmed the government is working on a new model for special needs support but did not rule out narrowing or replacing EHCPs.
EHCPs set out what support a child should receive in school. This can include one-to-one support, speech and language therapy, special equipment, or teaching strategies tailored to individual needs.
Without an EHCP, schools are not legally required to provide specific support. For many families, the EHCP is the only way to secure specialist help, especially in mainstream state schools, where most children with special needs are taught.
Some EHCPs apply in special schools that cater to children with higher needs. Private schools are not required to follow EHCPs, and councils are not obliged to fund them, though some do by agreement.
When asked whether EHCPs would be removed or limited, McKinnell said: “No decisions have been taken yet.” She added that the goal is better support for children at the earliest stage. “Clearly, the system we’ve inherited is not delivering that.”
She also said: “Parents face a real battle to get support that should already be in schools.” She suggested that in a better-functioning system, families wouldn’t need to go through a legal process to get help.
“Even when families get an EHCP, it doesn’t always provide what’s promised,” she said. “We’re listening to parents. We’re working on a new system. It’s not finished yet.”
Earlier this month, Dame Christine Lenehan, the Department for Education’s strategic adviser on special needs, questioned whether EHCPs are still the right tool for delivering support.
On Friday, the government announced a £3 million expansion of the Early Language Support for Every Child (Elsec) programme. The scheme places speech and language specialists in nurseries and schools to help identify special needs early.
McKinnell said Elsec has already supported 20,000 children. It will now be extended for another year and expanded to reach thousands more. She said the programme shows how early support can be offered without long delays or formal diagnoses.
“That’s part of the toolkit teachers have,” she said. “If we give support earlier, we can save families the stress of fighting for help.”
As of January 2024, more than 576,000 children and young people in England had an EHCP. However, government data shows that only half of new plans were issued on time last year. Hundreds of families have been waiting more than a year for help.
The system is so overwhelmed that more than 21,000 families appealed to tribunals last year—often just to get an assessment or basic support. Families won 95% of those cases.
Since coming to power in July, Labour has promised to fix long-standing problems in the special needs system, which many say is unfair and difficult for families. The party says it wants a more inclusive and efficient system.
But campaigners say legal protections must not be removed.
Katie Ghose, chair of the Disabled Children’s Partnership, warned: “Hundreds of thousands of children rely on these plans to go to school safely and learn. Removing them would break a 40-year political agreement that disabled children need legal rights to education.”
Tania Tirraoro, co-director of Special Needs Jungle, added: “We won’t accept the removal of disabled children’s rights without a fight. This isn’t about improving support—it’s about saving money.”
She warned that removing EHCPs from mainstream schools would also affect children in early years and post-16 education. “That will push more children into special schools or alternative provision—or out of education altogether.”
Tirraoro also criticised wider government policies. “It feels like this Labour government is attacking disabled people of all ages. From cuts to Personal Independence Payments to removing Universal Credit from under-22s—including those who can’t work. Do they want to help disabled people thrive or not?”
