(UK) Opposition forms to Ed Sec Bridget Phillipson's plan to limit SPED rights
- Jan 1
- 3 min read
Jan 1, 2026, Daily Mail: Ministers set for clash with backbenchers over plans to restrict special needs legal rights
Ministers are set to clash with backbenchers over plans to scale down the legal rights of children with less severe special needs.
Currently, families of children with any kind of need are able to fight councils to obtain a legal document guaranteeing them expensive interventions.
A rise in diagnoses of milder cases of ADHD and autism has clogged up the system, meaning those with severe issues such as blindness are facing long waiting times.
However, Government sources say that in future, only those with the most profound needs will be able to take the legal route.
All other cases will be dealt with at school level, with extra money being given to heads to lay on more special needs provision.
The plan, anticipated to be unveiled by Education Secretary Bridget Phillipson in an up-coming white paper, is likely to prompt a rebellion from backbench Labour MPs.
Today, Helen Hayes, Labour MP and chair of the Commons Education Select Committee, said: 'A primary challenge for the Government is the urgent need to rebuild the trust and confidence of parents and carers, which is currently broken. Our assessment is that any erosion of current rights and entitlements will simply undermine confidence further and that the Government should not therefore go down this route.’
Last year, Labour backbenchers forced a U-turn on cuts to the welfare budget, and experts have previously said special needs reform could suffer a similar fate.
However, government sources say that in future, only those with the most profound needs will be able to take the legal route.
All other cases will be dealt with at school level, with extra money being given to heads to lay on more special needs provision.
Today, Helen Hayes, Labour MP and chair of the Commons Education Select Committee, said: 'A primary challenge for the Government is the urgent need to rebuild the trust and confidence of parents and carers, which is currently broken. Our assessment is that any erosion of current rights and entitlements will simply undermine confidence further and that the Government should not therefore go down this route.’
Last year, Labour backbenchers forced a U-turn on cuts to the welfare budget, and experts have previously said special needs reform could suffer a similar fate.
The plans, leaked by sources to The Times, come amid a crisis in the special educational needs and disabilities (Send) system, with many councils on the brink of financial collapse.
Spending by councils on Send has doubled to almost £13 billion [$18B] since 2016 and is forecast to almost double again by 2031 without reform.
Pupils already receiving special needs support are not expected to be affected by the reforms.
Those deemed to have very complex or acute needs would also be protected, as they are under the present system.
The affected parents are expected to retain a route to appeal against decisions, but this would not involve courts.
Mainstream schools have been allocated £3 billion [$4B] to improve provision for pupils with Send and will be promised more support before the likely implementation of the reforms in 2028.
Ministers have been keen to stress any reforms would be aimed at improving outcomes, rather than saving money.
A Government source told The Times: ‘Our reforms will ensure that every child has the opportunity to get on in life, whatever their educational needs.’
However, it is understood the Government is keen not to strip support from the affected pupils.
The source added: ‘We are very wary of the visuals of hitting disabled children at such a moment of political weakness.'
The Department for Education said: ‘These claims are speculative and do not represent government policy proposals.
'We have launched the biggest national conversation on Send in a generation, with plans being directly shaped by parents, the sector and experts who know the system best. That engagement will drive reforms that protect what families value and fix what isn’t working.'
Of the 1.7 million pupils with Send, more than 430,000 have EHCPs, up from 236,806 in 2016. Almost 150,000 children have EHCPs for autism spectrum disorder, triple the figure in 2015.
The number of children who have ‘social, emotional and mental health needs’, which include ADHD, has risen from 28,000 to 71,000.
It comes after the Education Select Committee produced proposals for reform of the Send system.
Ms Hayes added today: 'Leaks and speculation about Send are extremely unhelpful, especially for parents and carers who often already live with a huge level of anxiety about the support their children need.
‘The Education Select Committee has set out our evidence-based proposals on how the Send system can be reformed, and we will assess any proposals the Government publishes against these criteria.'
Last year, Policy Exchange's report, Out of Control, highlighted how EHCPs were being awarded to children with 'relatively mild needs'.
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