Keir Starmer looks at sweeping reforms to special education needs

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Thousands of fewer pupils in England could be entitled to the full package of special education support under sweeping changes being considered by Sir Keir Starmer as Labor seeks to improve the “neglected” system.

Senior government officials have said ministers are looking at legislation to change the system by which children with special educational needs (SEN) receive the support plans they need to access a full suite of state support.

Education, Health and Support Plans (EHCPs) were introduced in 2014 as part of the Children and Families Act, which states the support that local authorities have a statutory obligation to provide to children with the highest needs.

EHCPs unlock extra help for those who qualify, including one-on-one support, transport services and, in some cases, access to expensive private education.

According to a senior official, the proposals under consideration involve changes to the system that underpins the provision of support, which may affect children at the “milder” end of the spectrum of conditions such as ADHD and autism spectrum disorder.

“This means thousands of fewer students are getting statements,” an official said.

The move will be just one part of a wider suite of reforms introduced to the SEN system by Starmer.

The Government is looking to significantly increase the provision of special education support within mainstream schools, including £740mn announced this month to create new SEN places for local authorities.

It also pledged to improve early intervention services offered in schools to prevent students from deteriorating over time.

Starmer said this week that his “Sen’s legacy is a neglected system at the point of total crisis”.

“We need to reform, introduce earlier intervention systems and ensure that it is mainly mainstream,” he told Parliament’s Liaison Committee on Thursday.

“If we don’t change the way special education is delivered, we’ll never be able to close the gap and solve the problem,” he added.

Experts say the SEN system is broken, with EHCPs ballooning demand and putting huge pressure on stretched council budgets.

Meanwhile, they argue, very limited support is offered to people with SEN who do not receive statements, driving families and schools to EHCPs for some less severe conditions.

Local authorities have amassed a deficit of around £3.3bn in their high demand budgets this year, according to the IFS, which has warned it could rise to over £8bn over the next three years.

The Outcomes First Group, England’s largest provider of specialist education for children with SEN, published a report this week calling on the Government to redesign the EHCP process with a tiered assessment model.

The proposed model would “limit statements to more severe SEN cases that require extensive and specialist intervention”, while offering simpler and more targeted interventions for people with less complex needs.

Luke Sibita, research fellow at the Institute for Fiscal Studies think-tank, said that given the growing number of students with EHCPs, “it is not surprising that the government is starting to think about gradation”.

Sibieta added that “a missing part of the existing system” is state support for those whose needs do not qualify for the full EHCP entitlement.

According to the National Audit Office, the number of children and young people in England who need support with special educational needs has more than doubled in the past decade, from 240,000 in January 2015 to 576,000 in January 2024.

Around five per cent of all pupils now have a special needs plan, up from a steady rate of 2.9 per cent between 2000 and 2018, according to the IFS.

Despite the Government’s high demand budget rising by more than 50 per cent over the past decade – from £6.8bn in 2015 to more than £10bn in 2024 – demand growth has outpaced funding.

The government said “too many children are not having their needs met and parents are forced to fight for support”, adding that it is determined to “restore family confidence” across the country.