Eight in 10 councils believe the Government’s proposed reforms to special educational needs and disabilities (SEND) would lead to better outcomes for children and young people. However, fewer than half (43 per cent) believe the changes will create a financially sustainable system, according to new independent analysis.
The report, commissioned by the Local Government Association (LGA) and the County Councils Network (CCN), warns that the current SEND system is “peculiarly vulnerable” due to a sharp rise in demand for assessments during the long period between the announcement of reforms and the planned legislation in 2029.
Government proposals would see Education, Health and Care Plans (EHCPs) replaced with a new tiered system of support. EHCPs are legal documents issued by councils that set out a child’s needs and the support they are entitled to receive.
However, the report – SEND reform: putting children and young people first – The view from local government on impact and implementation – highlights growing concern among councils that parents are seeking to secure EHCPs before the new system comes into force.
A significant minority of councils have already reported a “very significant surge” in demand for EHCP assessments, with some experiencing volumes up to a third higher than in previous months. While it remains unclear whether this trend will continue or become more widespread, the report warns of a “very real risk” that the number of children and young people with EHCPs could “vastly outstrip” current Government growth projections over the next three years.
Councils argue it is essential that Government steps in to support local authorities where levels of need exceed forecasts and commits to covering any additional costs. They warn it would be unacceptable for councils to shoulder the financial burden of a system that is widely acknowledged to be failing.
Local authorities are also calling for urgent clarity on SEND funding arrangements beyond 2028. While Government has stated it will take over responsibility for SEND funding from that year, it has yet to confirm whether it will absorb future overspends or respond to extreme increases in demand.
Based on responses from 54 councils, the report found:
- 94 per cent believe the reforms would lead to a greater focus on early intervention
- 81 per cent say they would improve outcomes for children and young people with SEND
- At least 80 per cent responded positively or somewhat positively to each major element of the reform package
- 76 per cent agree the reforms would result in a fairer and more consistent approach to support
- 87 per cent are confident they have the capacity to deliver the reforms – though fewer than half believe their local partners, including health services and schools, have sufficient capacity
Councils stress that close collaboration with Government will be critical to successful implementation. They are calling for clear accountability across all partners, alongside incentives to ensure schools are rewarded for inclusive practice and held to account where they fall short.
While local authorities broadly agree that the reform package is coherent and well‑intentioned, they caution that it will only succeed if implemented in full. Ministers are urged not to “cherry pick” easier elements of the reforms while avoiding more complex or politically challenging changes.
Cllr Amanda Hopgood, Chair of the LGA’s Children, Young People and Families Committee, said:
“We are pleased government acted on the calls of councils and set out comprehensive and ambitious reforms to improve the educational outcomes of children and young people with SEND.
“However, as this report highlights, while the reforms have been largely well-received, there remain significant and very live challenges within the existing SEND system.
“Building the foundations for a new model that meets children’s needs, while working within a broken system that continues to fail them risks undermining the delivery of the reforms."
“It is vital government works closely with councils, not just to deliver the reforms but to tackle the present challenges in the system.”
Cllr Bill Revans, SEND Spokesperson for the County Councils Network, added:
“This survey is an important stock-take on what councils think about the government’s important SEND reforms. The clear consensus is that they could lead to better outcomes and experiences for young people, even if the immediate future remains very challenging, as this report highlights.
“However, councils are clear that the changes only work as a whole. Ministers must resist the temptation to cherry pick the simpler changes and avoid the more difficult ones, otherwise we run the risk of simply repeating a system that is not working for young people, councils and schools alike.
“Whilst a commitment to fund SEND costs after 2028 is welcome, the announcement still remains light on detail. Put simply, councils should never be placed in the situation whereby they accrue eye-watering deficits due to national policy changes again. In recognition that this is a ten-year change programme, government must set out how it intends to absorb any deficits accrued after 2028 and extreme rises in demand.”
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