SEND Provision and Reform

Debate between Gregory Stafford and Andrew George

Monday 13th April 2026 Commons Chamber

[Gregory Stafford]

No, I will not.

That parent’s relief exists because there is a system that ultimately guarantees support. Replacing that certainty with ambiguity is not reform; it is regression.

The second test is whether the proposals improve delivery on the ground. The model set out in the White Paper relies heavily on early intervention through the NHS and local schools, but that depends on capacity that currently simply does not exist. For example, in the Hampshire and Isle of Wight integrated care board, CAMHS—child and adolescent mental health services—waiting times stand at about 28.5 weeks for an assessment, rising to 52 weeks for treatment, far beyond the NHS standard of 18 weeks. Without clinical capacity, the central delivery mechanism of these reforms cannot function as intended.

Schools are already being asked to fill that gap. In discussions with headteachers and special educational needs and disabilities co-ordinators across my constituency, including at South Farnham school, Highfield South Farnham, St Polycarp’s, St Mary’s, and Badshot Lea infants, a consistent picture emerges: rising demand, limited special support and growing pressure on staff to manage needs that should sit elsewhere in the system. One school put it plainly:

“CAMHS sometimes ask us to manage pupils ourselves because they do not have the capacity.”

That is not joined-up delivery; it is displacement of responsibility.

The consequences of this gap between the policy and the reality are severe. In my constituency, a 12-year-old whose needs were identified in year 2 is still awaiting an assessment. Without diagnosis, her school has been unable to put the right support in place. Her mother wrote:

“We are at our wits’ end. The delays are not just administrative—they are shaping the course of our daughter’s life.”

That is not an isolated example. I have also worked with a family who, despite clear professional evidence, were initially refusing an EHCP and forced into a lengthy tribunal process, only for the decision to be overturned.

There are further consequences of these proposals that need to be addressed. By moving away from a clearly defined, legally enforceable EHCP framework towards individual support plans, much of the responsibility for decision making—and, inevitably, dispute resolution—risks being pushed on to schools. That would place teachers and school leaders in an increasingly difficult position: they would be expected to determine provision, manage expectations and resolve disagreements with families without the protection of a clear statutory framework or the capacity to meet those needs. At a time when schools are under significant pressure, this risks shifting both the legal and emotional burden on to institutions that are simply not equipped to carry it.

[Andrew George (St Ives) (LD)]

I am grateful to the hon. Gentleman, a fellow member of the Health and Social Care Committee, for giving way. Is he not making two contradictory points, however? He says on the one hand that it should be legally enforceable—a point with which I entirely agree, particularly as nearly 99% of tribunal appeals are partially or wholly upheld. But he also recognises that EHCPs are not coming through at the level they should within the 20 weeks—certainly, it is about the 10% level—so having the legal backing and framework is not delivering the outcome.

[Gregory Stafford]

I do not think those two points are contradictory. One is an issue of the legislation, which is what I am talking about and what the Government are potentially looking to change, and another is how the system itself is being implemented by local authorities and others. I have been very clear in my speech that although I absolutely believe—as I think the hon. Gentleman does—that the legal requirements should remain, I am in no way sugar-coating the difficulties that local authorities are having in meeting those legal requirements.

The third test is whether the reforms address the underlying pressures in the system. Demand is rising rapidly: over 1.7 million children in England are now identified as having special educational needs, with numbers increasing year on year. Yet the Government’s proposals place additional expectations on schools and local authorities without resolving the fundamental constraints: namely, workforce funding, certainty and system capacity.

The White Paper promises more educational psychologists, therapists and specialists, but training an educational psychologist can take up to eight years. So the question is simple: how are those gaps going to be filled in the meantime? At the same time, the Department’s own figures show that there are now 400 fewer teachers than when we left office. So schools are being asked to do more with less.

Local authorities are at the sharp end of the system and are being placed in an increasingly impossible position. Colleagues will know that in Surrey around £100 million has been invested locally to expand SEND provision alongside further investment in staffing, yet demand continues to outstrip capacity. In Hampshire, SEND overspend now stands at around £140 million, placing extraordinary pressure on finances. This is not unique to my areas in Surrey or Hampshire; across the country, councils are being asked to meet rising demand, fulfil statutory obligations and absorb increasing costs without that long-term funding certainty. The result is a system where families face delays, councils face financial instability and schools face mounting pressure.

Taken together, this is not simply a failure of local authorities; it is a failure of the system to meet demand. And into that system the Government propose a decade-long transition. Councils are already preparing for a surge in EHCP applications as families seek to secure existing protections before reforms take effect, and that is certainly not going to ease pressure—it is, in fact, going to intensify it.

Through my work on the Health and Social Care Committee, I consistently see that SEND cannot be addressed in isolation. The number of children with SEND is rising by about 5% each year, and meeting that need requires genuine co-ordination between education and health. Yet SEND was almost entirely absent from the NHS 10-year plan, and when I submitted written questions on conditions such as autism, ADHD and dyslexia, the responses revealed that data is not collected individually but is grouped into very broad categories, which is not joined-up government but fragmentation. That needs to change.

I want to touch briefly on the independent sector capacity, because independent schools also play an important role in relieving pressure on the system, particularly for children with complex needs. They act as a pressure valve. I am aware that some characterise all independent provision as little more than private equity extracting profit, but the independent sector in my constituency provides excellent and comprehensive coverage and capacity. I am fortunate to have excellent specialist provision in my constituency, including at schools such as Hollywater, Undershaw, More House, Pathways, the Abbey school and the Ridgeway school, which support children with complex needs every day and should be supported.

In conclusion, families do not need another wholesale structural overhaul or a decade of transition. Instead, they need a system that delivers on time, with clarity and with enforceable rights. I have a few questions for the Minister. First, will she set out the full cost of replacing EHCPs with individual support plans, including the transition and implementation? Secondly, will she guarantee that ISPs will carry the same legally enforceable rights, including access to a tribunal? Thirdly, when will additional SEND staff be trained and in post? Fourthly, what action will be taken against local authorities that consistently fail to meet statutory timelines? Finally, will the Government publish detailed data on specific conditions and system performance so that outcomes can be properly measured?

I say to right hon. and hon. Members across the House that this is not about defending a White Paper; it is about defending the families we represent. Families are not asking for perfection; they are simply asking for a system that works. The question for the Government is simple: will they strengthen what exists or will they replace it with something weaker, slower and less certain? On the current trajectory, that is the risk, and it is one that I believe this House should not accept.