The right to an education, health and care plan must be retained

The Guardian

06-07-2025

The legal rights to an education that meets the needs of children and young people with special educational needs and disabilities (Send) are under threat. Many thousands of children risk being denied vital provision, or losing access to education altogether.
As new education reforms loom, every sign from the government suggests the right to an education, health and care plan (EHCP) is to be removed from children attending mainstream schools. Local authorities want EHCPs drastically reduced, or removed altogether, to relieve them of duties they often find costly and troublesome.
About 85% of children with Send are educated in mainstream settings. Over 270,000 of these children have EHCPs. These legally enforceable documents detail a child or young person's needs, and the support to enable them to fulfil their individual potential. EHCPs allow children and young people with all kinds of disabilities to receive an education.
Without statutory support, underpinned by necessary extra resources for schools, it's extremely unlikely that ministers will achieve their aim of more children with Send thriving, or even surviving, in mainstream education. A reduction or complete snatching-away of EHCPs in mainstream education wouldn't mean their needs magically vanish. It would, instead, increase applications for already overcrowded special schools or mean they would be forced out of school altogether.
We believe the public are on our side, and we support the newly launched Save Our Children's Rights (SOCR) campaign led by Special Needs Jungle, IPSEA and others. This campaign is calling for EHCPs to be retained, now and in the future. SOCR's recent petition reflecting this aim rapidly passed 100,000 signatures, meaning the issue will be considered for a parliamentary debate, and is still growing.
For more than 40 years, children and young people with special educational needs and disabilities have had a statutory right to an education that meets their needs. Set alongside catastrophic plans to cut benefits for disabled people, this raises the question of who we are as a country and the kind of society in which we want to live. Whatever the Send system's problems, the answer is not to remove the rights of children and young people. Families cannot afford to lose these precious legal protections.
Amel Alghrani Professor, school of law and social justice, University of LiverpoolElizabeth Archer CEO, PDA SocietyJane Asher President, National Autistic SocietyProf Simon Baron-Cohen Director, Autism Research Centre, Cambridge UniversityAnna Bird CEO, ContactIan Birrell Journalist and disability campaignerAlison Bloomer Editor, Learning Disability TodayCarol Boys Chief executive, Down's Syndrome AssociationLucy Bray Professor in child health literacy, Edge Hill UniversityJane Campbell Disability rights campaignerMadeleine Cassidy CEO, IPSEA (Independent Provider of Special Education Advice)Samantha Clark CEO, Learning Disability EnglandLuke Clements Cerebra professor of law and social justice, Leeds UniversityDr Mine Conkbayir Early years researcher, author and consultantJustin Cooke Head of policy and influencing, National Deaf Children's SocietyClaire Coussins Director of fundraising and engagement, KidsClaire Dorer CEO, National Association of Special SchoolsRachel Filmer Founder, Send Rights AllianceAnita Franklin Professor of childhood studies, Manchester Metropolitan UniversityCarrie Grant Broadcaster and Send parentFazilet Hadi Head of policy, Disability Rights UKJane Harris CEO, Speech and Language UKJohn Harris Journalist, writer and Send parentAngela Hassiotis Professor in intellectual disability, University College LondonBen Higgins CEO, BildCherylee Houston Actor and disability campaignerDr Rhidian Hughes CEO, Voluntary Organisations Disability GroupSarah Johnson President, PRUsAPDr Anna Kennedy Autism charity founder and campaignerJolanta Lasota CEO, Ambitious About AutismDr Tony Lloyd Former CEO, ADHD FoundationChristine McGuinness Broadcaster, campaigner and Send parentDavid Mitchell Novelist and Send parentRosa Monckton Disability and Send campaignerEmma Murphy Managing director, INFACT (Independent Fetal Anti Convulsant Trust)Chris Packham Broadcaster and neurodiversity campaignerScarlet Page Photographer and Send parentLiz Pellicano Professor of autism research, University College LondonSally Phillips Actor, campaigner and Send parentSharon Pratt Founder member, Send National CrisisTom Purser CEO, Autism ActionBrian Roberts Director of education and wellbeing, National Association for Foetal Alcohol Spectrum Disorder, and Send parentKatherine Runswick-Cole Professor and chair in education, University of SheffieldSara Ryan Professor of social care, Manchester Metropolitan UniversitySaba Salman Journalist and campaignerMelissa Simmonds Autistic campaigner and Send parentTom Shakespeare Professor of disability research, London School of Hygiene & Tropical MedicineStephanie Shirley Autism philanthropist and businesswomanCaroline Stevens CEO, National Autistic SocietyJon Sparkes CEO, MencapRachel Stevenson CEO, Reverse RettTania Tirraoro and Renata Watts Co-directors, Special Needs JungleJames Watson-O'Neill Chief executive, SenseEleanor Wright Legal officer, SOS!SENStephen Unwin Director, writer and Send parentSuzy Yardley CEO, Child Autism UKand 50 others (full list at www.saveourchildrensrights.org.uk)