Parents Concerned Over SEND Reform Legal Rights

West Berkshire Council is submitting its final SEND reform plan this week, and the education secretary has been defending the Government's proposed national changes after MPs warned about accountability gaps and parents' ability to challenge placement decisions.

Commons education committee chair Helen Hayes asked how ministers can close the "accountability gap" in SEND and handle extra pressures. She said: "Given the well-documented strain on current accountability and the inconsistencies, how can the department [for education] be confident the current system and the proposed changes you want to make will have the capacity and expertise to manage the additional pressures that will come from the proposed reforms?"

Bridget Phillipson answered MPs and parents directly. She said: "Parents are seeking continued assurance that children's rights will be well understood, that accountability and the right outcomes for children will be delivered.

"It's a key area for parents, and when I said the consultation we were launching was a genuine one, I meant it, and will be reflecting very seriously on all of the areas where parents have identified what they perceive to be gaps within the current system."

She added that "given the level of trust that parents have at the moment... I do understand the nervousness parents will feel, but I do believe the vision we have set out around a system that is more inclusive, that will allow for more children to be able to go to their local school with their friends, achieving better outcomes, is the right vision".

Locally, West Berkshire's plan aims to build a better system for children and young people with SEND. Key points: identify needs earlier, give more support without always needing a statutory plan, back mainstream inclusion, and make specialist help available when required.

The council wants to move from reactive, statutory-led support to a preventative system, with earlier specialist help through "experts at hand", better sufficiency and place planning, and stronger governance and co-production.

But the plan warns no benefits can be realised unless the high needs block deficit of £27m is written off. It says the position is high-risk, with continued overspend projected and current reform funding insufficient to meet rising demand and costs.

The Government will decide on the repayment of 90 per cent of local authorities' SEND deficits in autumn 2026.

Local parents lobbied Parliament in May urging ministers not to strip legal rights from the reforms. "We are worried about them taking away a legal right to appeal if what is promised by the local authority or schools isn't delivered," explains Leila Cox, who set up and runs the Newbury SEND Parent Carer Cafe.

"We don't want to be at the mercy of the system.

"Most of us go to tribunal to get issues sorted, and those legal rights look likely to be weakened."

Niki Hinman, Local Democracy Reporter