Education secretary Bridget Phillipson told leaders this evening she “won’t shy away from [doing] what’s difficult and long term” after a row reopened over planned SEND reforms.
Government has been heavily criticised over plans being considered to overhaul education, health and care plans – including potentially rationing them for pupils in special schools only.
The row was reopened after Phillipson refused to rule out scrapping EHCPs when asked at the weekend.
A new campaign group has since launched to fight the changes they say are the “greatest threat to children and schools in over a decade”.
Meanwhile national newspapers reported backbench MPs already fear the reforms could cause a fresh revolt after Labour’s humiliating welfare bill U-turn.
‘We won’t shy away from difficult decisions’
But speaking to attendees at a Department for Education stakeholder reception this evening, Phillipson said: “We won’t shy away from what’s difficult and long term in favour of what’s quick and easy.”
Describing it as one of her “principles”, she added: “And I mean that in many ways. The complex policy reform, where there are no simple solutions. On SEND especially.”
Christine Lenehan, the government’s SEND adviser, said officials were considering plans to reform EHCPs, including whether to limit them solely to pupils in special schools.
Asked if she could rule out getting rid of EHCPs by the BBC on Sunday, Phillipson did not answer.
“What I can say very clearly is that we will strengthen and put in place better support for children,” she said.
She said “even parents of children with EHCPs know that they’ve often had to fight really hard to get that. It’s too adversarial, it takes too long, it’s too bureaucratic”.
“So, I do think we need to just take a step back and think about, how do we build a better system that is more timely, more effective, and actually maximises support.”
‘Greatest threat to children’
Any policy to phase out EHCPs would likely be gradually introduced, meaning any current pupils on plans would not have them withdrawn.
But the proposals have caused widespread alarm among parents, campaigners and also MPs, who say the changes could cause another rebellion, the Guardian reported.
Sir Keir Starmer was forced to abandon government plans to reform welfare benefits after a revolt by his MPs.
A new campaign group, the SEND Rights Alliance, launched this week, claiming the “legal rights of disabled children are under threat”.
“This is the greatest threat to children and schools in over a decade,” the group’s website states.
But government is also now facing a more difficult outlook on public finances after the welfare U-turn.
The Office for Budget Responsibility’s fiscal risks report for July, published this week, said “efforts to put the UK’s public finances on a more sustainable footing have met with only limited and temporary success in recent years”.
‘Substantial fiscal risk’
The report highlighted that by March, councils are estimated to have a £4.6 billion deficit on their dedicated schools grant budgets amid ballooning spend on support for the rising numbers of children with SEND.
The National Audit Office estimated in October that over two in five councils would be at risk of effectively going bankrupt if a statutory override – which is temporarily keeping deficits off balance sheets – was not in place.
“The Government has not stated how these liabilities will be dealt with at the end of the newly extended override period, and they therefore represent a substantial ongoing fiscal risk,” the OBR said.
It is understood the SEND reform proposals, drawn up by the inclusion expert group headed by Ormiston Academies Trust boss Tom Rees, are now sat with Number 10.
Government has promised to publish the proposals in a white paper due in Autumn. Reforms will focus on early intervention, setting up more specialist provision in mainstream schools – such as SEND units – and upskilling teachers.
‘Will always be legal right to support’
But speaking in Parliament on Monday, Phillipson did insist that “there will always be a legal right to the additional support that children with SEND need, and we will protect it”.
Government would not expand further on what this means.
But those with knowledge of the process pointed out the equality act and public sector equality duty both already offer certain protections for pupils with additional needs.
Phillipson promised to deliver a “better system, with strengthened support, improved access and more funding, something that the Conservatives failed to provide in 14 years”.
“They left a terrible mess behind—families and children were failed—and a degree of humility and understanding from any of them would take us a great deal further along the way,” she told MPs.
“If they do not want to be constructive and if they continue to duck the necessary decisions, we will confront those decisions and ensure that all our children are able to achieve and thrive, something in which they showed no interest.”
The Conservatives said they have “big questions” about how parents can be assured their children’s needs will still be met if EHCPs were scrapped, and want government to “come forward with specific proposals”.
The Lib Dems told Schools Week they would oppose scrapping EHCPs. Reform has not responded to a request for comment.
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