‘EHCPs should not be removed – they should be better implemented’

The number of children in schools across the country with an EHCP is 630,000 – up from 240,000 a decade ago. There were almost 98,000 new EHCPs given to children in 2024 alone.

An EHCP gives children with special educational needs (SEN) the legal right to a personalised package of support to enhance their individual learning.

Amidst the significant rise in EHCPs, Education Secretary Bridget Phillipson has not ruled out whether the current system will continue – prompting fears about what may replace such provision for SEN children in school.

Slater and Gordon supports children across the country to access the education they need, working with parents, deputies and other professionals on a range of issues, including EHCPs.

Principal lawyer Gurvinder Samra believes the issue with EHCPs lies with the implementation, and that is what should be addressed rather than potentially scrapping such a vital way of supporting children in their education.

“It is extremely concerning to hear of the potential change to the SEND legal framework which may result in the scrapping of EHCPs,” says Gurvinder.

“The current legislative framework surrounding EHCPs is not being applied correctly in local government decision making, which is leading to increased SEN appeals, and, more worryingly, increased numbers of children that are out of education.

“The answer to the problems with the current framework is not to remove EHCPs and parents’ legal rights to the critical SEN provision and support for children with disabilities - rather to ensure that local government bodies adhere to and apply the correct legislative rules within the current EHCP framework.

“Removing EHCPs will lead to more children out of education and more pressure on mainstream schools and teachers to be trained to teach children with SEN.

“How can a SEND system be removed that has not consistently been implemented in the correct manner by local government bodies, in accordance with legislation, since its inception?”

Do you need help with your child’s EHCP or any other matter concerning their education? Contact us online or call us on 0330 041 5869 .