Children in England with special needs will receive individual support and therapy directly from their schools as part of the government’s overhaul of England’s special education provision.
Under the plans, mainstream schools will be given commissioning budgets to spend on therapists or additional support, instead of the money being controlled by highly indebted local authorities.
The plans are part of a package of sweeping changes to special educational needs and disabilities (Send) provision that will be announced by the education secretary, Bridget Phillipson, on Monday.
The measures are aimed at fixing deep-rooted problems with the Send system and curbing spiralling costs that have brought several councils to the brink of bankruptcy. Critics of the current system say lopsided funding mechanisms leave hundreds of thousands of children with little or no support in mainstream schools, requiring their families to battle local authorities for help.
But government officials are concerned that proposals to limit who has access to educational, health and care plans could prompt a backlash from parents’ groups and Labour MPs when it comes to a Commons vote.
Some are particularly concerned about plans to test those who hold ECHPs according to the new tougher criteria when they move up to secondary school, while others want to make sure parents can make a legal appeal if they feel schools are not meeting their children’s needs.
There is concern that the plan to test children with ECHPs against tougher criteria when they reach secondary school could prompt a fierce backlash. Photograph: Danny Lawson/PA
Meg Hillier, the chair of the Treasury select committee, said: “The key thing is trust. If parents think their support could be ripped away from them they will worry.”
However, she added that unlike the welfare reforms, over which she led a successful rebellion last year, ministers had been at pains to consult Labour MPs and were not focusing the reforms on saving money.
Another Labour MP said: “The government has got everyone very, very anxious. But the truth is everyone recognises the need for reform and not letting things continue as they are.”
Government insiders say they are optimistic that a rebellion can be averted in part because the Treasury has been more generous with funding than expected.
The full package of reforms will be phased in over a decade, with mainstream schools to make extra provision and support “ordinarily available” to any pupils.
Those schools will also be expected to make “reasonable adjustments” to accommodate children with conditions such as autism, ADHD or mental health issues, or face potential legal action.
That action could involve appealing to an independent ombudsman, or changing equalities rules to make disabled children’s rights more explicit.
Children with special needs at mainstream schools will be eligible for individual support plans (ISPs), which offer enhanced legal rights and assurances without a child requiring an EHCP.
But policymakers say the reforms could be derailed if the government fails to make clear the benefits of the new system, including continuing protections for EHCPs, which agree the needs and support for individual children between families and councils.
The new format for EHCPs will affect children only from 2030 onwards, and will take into account the extra provision available in mainstream schools.
Those involved with the negotiations told the Guardian: “If MPs hear there are protections for EHCPs and there’s more money [in the system], I think they will come onboard.”
More than 480,000 children and young people at schools in England have EHCPs, and reports have concentrated on fears that EHCPs could be curtailed or taken away at the transition from primary to secondary school after 2030.
The first tier equalities tribunal will still be available for appeals involving EHCPs although its role will be “refocused” and take account of the other legal routes available to families.
Ministers will also introduce new price bands for independent special schools, which currently charge more than twice the cost of a state special school on average.
Under plans announced on Thursday, private providers will be forced to comply with set price bands for certain services and will have to sign up to minimum service standards.
Phillipson said: “We’re cracking down on providers who put profit before children. New standards and proper oversight will ensure every independent special school placement delivers real outcomes for children – not unreasonable bills for local authorities.”
