Green Party MPs’ Response to SEND Reform Consultation
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The Rt Hon Bridget Phillipson MP
Secretary of State for Education
Dear Bridget,
We are writing as Green Party Members of Parliament in response to the latest consultation
on proposed reforms to the Special Educational Needs and Disabilities (SEND) system.
Every child has the right to dignity, respect and the support they need to develop their full
potential. But the current SEND system is leaving far too many children and young people
unsupported and forcing countless families into a constant struggle just to access the help
their child needs. We therefore welcome the government’s ambitions for educational
reform, including earlier intervention and more inclusive mainstream education.
However, aspiration is not enough. Meaningful reform to the SEND system requires
sustained investment in people, capacity and culture. SEND reform will only succeed in
building a genuinely inclusive education system if the government protects legal rights and
provides urgent clarity on the details of implementation. Above all, the success of these
reforms will depend on whether they are accompanied by a bold workforce strategy that
delivers real staffing support on the ground.
Below, we have set out some specific concerns with the current plan for SEND reform.
Prioritise workforce capacity
The success of any attempt to reform the SEND system will depend on the capacity of the
workforce that delivers it. The number of children with Special Educational Needs continues
to rise rapidly (DfE, 2025), placing increased pressure on already stretched school staff. At
the same time, there are well-documented workforce shortages across the entire SEND
system, with the demand for teaching assistants, specialist staff and educational
psychologists significantly outstripping supply. Recent analysis by the Education Policy
Institute suggests that local authorities (LAs) in England would need to hire 1,400 additional
educational psychologists just to meet current levels of need (EPI, 2026), far exceeding the
extra 200 per year proposed in the government’s current plan. Meanwhile, there is a
longstanding nationwide teacher shortage, particularly in further education colleges, with
high workload and stress driving many staff to leave the profession (DfE, 2025; NAO, 2025).
While proposals such as Experts at Hand and Inclusion Bases have the potential to
significantly strengthen SEND support in mainstream schools, they will require a well-
resourced, highly motivated and appropriately trained workforce with sufficient capacity to
deliver them. As part of its plan for SEND reform, the government must therefore urgently
set out a long-term coherent workforce strategy that addresses the interlinked crises of
recruitment, retention, pay, training, wellbeing and workload.Protect legal rights
Children and young people with SEND must retain strong and enforceable legal rights
to the support they need. We are deeply concerned that the newly proposed
Individual Support Plans (ISPs) will not carry the same statutory duty to deliver the
provision laid out in them as Education, Health and Care Plans (EHCPs), which under
current proposals would be reserved only for children with the most complex needs.
This represents a fundamental shift away from enforceable legal rights towards a
system where support is increasingly at schools’ discretion, with significant
consequences for consistency and equality of provision.
While we welcome efforts to provide support for a wider group of pupils, this must
not come at the expense of accountability for those pupils. We echo the Education
Committee’s warning that “SEND reforms must not be based on any withdrawal of
statutory entitlements for children and young people” (Education Committee, 2025).
Watering down legal protections risks undermining parental confidence and
weakening families’ ability to secure appropriate support for their children.
We are particularly concerned that these changes may disproportionately affect
those least able to advocate for themselves within the system. The new ISPs must
therefore be supported by a clear statutory duty to deliver the provision they
specify, and it is vital that families retain a robust right of appeal.
We are also concerned that where legal duties do exist, structural bottlenecks across
education and health services mean that they will continue to be inconsistently
implemented. The principles set out in this plan must therefore be accompanied by
more detailed operational plans for ensuring compliance and delivery, including
timely assessments, diagnosis and early intervention.
‘Complex needs’ and EHCPs
The government’s current plan for SEND reform would restrict access to EHCPs and
highly specialised provision to those with ‘complex needs.
’ We are concerned that the
meaning of this term is not currently clear enough to enable adequate scrutiny or
confidence.
At present, there is no definition of what constitutes ‘complex needs,
’ nor how
decisions will be made about who qualifies for specialist support. The current plan
suggests that forthcoming need profiles within ‘Specialist Provision Packages’ will
define complex needs going forward. But the draft outline of Specialist Provision
Packages simply raises further questions about how these will work, particularly since
some children may require elements of support from multiple packages. Without
detailed examples and transparent criteria, there is a significant risk of inconsistency,
exclusion and increased local disputes.This lack of clarity also makes it difficult for families, schools, teachers and indeed
Parliament to adequately assess the likely impact of the reforms. The government must
urgently publish detailed guidance on who will qualify for EHCPs and Specialist Provision
Packages, including worked case studies. Clear definitions and operational detail are
essential to ensure the system is fair, consistent and trusted by families.
Culture change and co-production
Progress towards greater inclusion must be driven as much by culture and practice as by
structural reform. Too many children and young people continue to face barriers created
by inflexible behaviour policies, limited understanding of neurodiversity and
environments that do not meet their sensory needs. Without addressing these issues,
changes to systems and funding will have limited impact in the classroom.
We therefore welcome the proposed investment in new guidance, National Inclusion
Standards and SEND training for all staff in schools, colleges and early years settings. This
must include evidence-based guidance on how to design accessible and inclusive sensory
environments and how to embed inclusive practice in behaviour and classroom
management policies. It is essential that this guidance and the National Inclusion
Standards are genuinely co-produced. Tokenistic engagement and consultation are not
enough: the government needs to ensure that children and young people with SEND,
alongside their parents, carers and educators, are treated as equal partners in the design,
delivery and evaluation of SEND policy at every level. Lived experience must not be an
afterthought but a guiding principle of the system.
Special school capacity
While we support the government’s ambition to make mainstream education more
inclusive, this must be accompanied by a sufficient supply of special school places for
those children and young people whose needs cannot be met in mainstream settings. At
present, many areas face acute shortages of special school places and around two thirds
of special schools are at or over capacity (DfE, 2026), leaving families without appropriate
local provision. Increasing specialist support within mainstream, including through
Specialist Bases, will help to reduce reliance on special school placements. However, even
with these improvements in mainstream settings, demand for special school places is
likely to continue to outstrip capacity in some places, especially in the short term.
We are concerned that a rigid national push towards mainstream inclusion risks
overlooking this reality and failing those children for whom mainstream settings are not
suitable. Provision must be flexible, locally planned and responsive to need, rather than
driven by a one-size-fits-all national model.Tackle profiteering
At present, exploitative private companies are profiting from the SEND crisis by buying up
special schools and services and charging excessively high placement fees to LAs,
exacerbating an already unsustainable situation. Urgent action is desperately needed to
address this blatant profiteering.
While the government’s proposal to introduce national funding bands for independent
special school placements is a welcome step in the right direction, the current plans are
lacking in detail on what constitutes a “reasonable price” or how these bands will be set.
Without such clarity, it is difficult to be confident that these measures will meaningfully
curb excessive costs or protect public funds. We urge the government to be bold:
independent providers must not be allowed to continue charging, on average, more than
double the cost of state-funded special school provision (NAO, 2024).
Alongside stronger regulation and scrutiny of the independent sector, there must be a
rapid expansion of state-funded special school capacity to reduce reliance on
independent special schools. While the current plan for SEND reform proposes a total
£3.7 billion of capital investment, we are concerned by the lack of detail concerning how
much of this money will be invested in new special school capacity and how many new
state-funded special school places will be created. To ensure that special school provision
does not become increasingly dominated by the private sector, the government must
urgently proceed with building the state-funded special schools that are currently
planned for construction.
LAs must also be empowered with streamlined access to funding for increasing state-
funded special school capacity. We are concerned that requiring LAs to provide detailed
justification for using SEND payments to invest in new special school places instead of
mainstream settings will only create unnecessary delays. The government should trust
councils to exercise local democratic oversight and make data-led decisions based on the
local situation.
Reform admissions
Narrow attainment-focused performance pressures are currently disincentivising some
schools from admitting or retaining pupils with SEND. This is exacerbating inequities in
access and requires urgent government intervention. In a recent survey, 41% of senior
school leaders reported that some local schools actively discourage applications from
children and young people with SEND (Sutton Trust, 2026). The gap in access to high-
performing schools is especially large for children with SEND who are eligible for Free
School Meals and do not have an EHCP , with top schools taking in around 36% fewer
pupils in this category than live locally (Sutton Trust, 2026).We are concerned that the current proposals for SEND reform do not do enough to
strengthen fair admissions or ensure genuine accountability across all types of school,
including academies, faith schools and free schools. Restricting access to EHCPs risks
weakening accountability in admissions even further, since EHCPs are currently one of the
main mechanisms by which LAs can direct a maintained school to admit a child or young
person with SEND.
LAs must be given stronger levers to ensure equitable access across all state-funded
schools. They should have the ability to direct placements for children with ISPs as well as
EHCPs, including at academies, faith schools and free schools where necessary.
Accountability and performance frameworks for schools must also be rebalanced so that
inclusion and wellbeing metrics are treated as equal in importance to academic
outcomes, not as secondary considerations. We desperately need a new approach that
moves away from the current high-stakes testing and exam-driven accountability culture,
which incentivises exclusion and indirect selection, towards a broader, child-centred
assessment system.
We urge the government to match its ambitions with decisive action by safeguarding legal
rights, investing in workforce and school capacity and delivering a transparent,
accountable SEND system that meets the needs of every child and family it is meant to
serve. We would welcome the opportunity to discuss these proposals further with your
Department.
Yours sincerely,
Adrian Ramsay MP , Waveney Valley
Dr Ellie Chowns MP , North Herefordshire
Siân Berry MP , Brighton Pavilion
Carla Denyer MP , Bristol Central
Hannah Spencer MP , Gorton & Denton
Green Party Members of Parliament
