Education Secretary Bridget Phillipson has mounted a fierce defence of the government’s sweeping special needs reforms, accusing lawyers of exploiting parents for profit and vowing to end an adversarial system that pits families against the state.
Speaking at the annual conference of the Association of School and College Leaders (ASCL), Phillipson said criticism from legal firms specialising in education was driven by a “vested interest in maintaining the failed status quo”. Her comments come weeks after the publication of the Schools White Paper, “Every Child Achieving and Thriving,” which outlines the most significant overhaul of special educational needs and disabilities (SEND) provision in England in a decade.
A System in Need of Reform
The reforms, backed by a £4 billion package over three years, aim to move away from what Phillipson called a “very adversarial system” where parents “have had to fight so hard for support”. Central to the plan is a shift towards educating more children with conditions such as autism or ADHD in mainstream schools, supported by a new tiered system of help.
This new structure proposes a “Universal Offer” of adaptive teaching for all pupils, escalating to “Targeted” and “Targeted Plus” support recorded in a digital Individual Support Plan (ISP). The most significant change, however, concerns Education, Health and Care Plans (EHCPs). These legally binding documents, introduced in 2014, will in future be reserved only for children with the “most complex needs”. The government expects that by 2035, there will be around 270,000 fewer EHCPs than at current peak levels.
Phillipson also announced a clampdown on what she termed the “wholly unacceptable” income increases in parts of the private special school sector. “Private-equity backed, independent specialist provision is sucking money out of the education system in profits,” she stated, confirming the reforms would introduce national price bands to limit council spending on fees.
“Profit to be Made”
It was the role of lawyers, however, that drew the Education Secretary’s sharpest critique. “It’s been little surprise to me that there’s been such vociferous criticism from lawyers about the changes that we’re bringing,” Phillipson told school leaders. “There’s profit to be made. They want the system to remain as it is, because they make a profit often out of exploiting parents.”
She argued the current model was fundamentally unfair, as “parents who’ve got the money to hire lawyers end up getting a better deal than those who don’t”. The reforms, she said, were designed to “tilt the system towards much earlier support, a fairer system of support for all children”.
Lawyers who assist families in navigating the SEND system have criticised elements of the white paper. Their services often include helping parents secure EHCPs or bring disability discrimination claims against local authorities or schools.
Anxiety Among Parents and School Leaders
The proposals have sparked significant anxiety among parents. A survey by the disability charity Sense found half of parents of children with multiple complex needs feel nervous about the reforms, and 45% worry their child’s support will be taken away. Nearly half (48%) described the existing process of securing SEND support as stressful.
Charities and advocacy groups have raised specific concerns. IPSEA (Independent Provider of Special Education Advice) has questioned the legal enforceability of the proposed new Individual Support Plans compared to EHCPs, warning that challenges may have to be made directly to the school rather than through an independent tribunal. The National Autistic Society, while welcoming the ambition for ISPs, has called for strong accountability and effective appeals processes, concerned that changes risk autistic young people missing out on suitable school places.
School leaders, whilst welcoming greater responsibility, also express caution. ASCL President Jo Rowley, a deputy headteacher from Stafford, said members were “slightly anxious” the changes could bring them into direct conflict with parents. “Parents will be in a battle with the local authority over EHCPs and we will be working with those parents,” Rowley said. “I wouldn’t like to see that battle then become a battle between the family and the school.”
Responding to these concerns, Phillipson said that while parents had every right to air concerns, “it’s about how that is responded to collectively,” adding that “parents have a responsibility to support their child’s school”.
The Road to 2035
The implementation of the reforms will be gradual. Following a consultation open until 18 May 2026, the government plans workforce training and the publication of new National Inclusion Standards between 2026 and 2028. New legislation is anticipated in 2028-29, with the first assessments under the new framework beginning in September 2029.
From 2030, a gradual transition of existing EHCPs will start, expected to be completed by 2035. The government states this long timeline is to ensure stability, but for many parents and professionals, the next decade will be a period of significant uncertainty as the entire support landscape is redrawn.
The reforms are launched against a backdrop of rising need and severe financial pressure. The Office for Budget Responsibility has warned of a substantial deficit in SEND provision, and the Education Policy Institute has noted that past policy has consistently failed to plan for the diversity of children’s needs. Phillipson has pledged to end the “postcode lottery” of support, but with the detailed definition of “complex needs” still unclear, the debate over who will qualify for the highest level of statutory protection is only just beginning.
