The CBF's statement on SEND reform

This week, the CBF submitted our response to the Government’s consultation on SEND reform in England. We are grateful to the parents who completed our survey and spoke with us, providing detailed insight into their experiences and the barriers they faced in accessing support, which has helped to inform our response. 

Families of individuals with severe learning disabilities whose behaviours challenge strongly opposed changes which weaken legal safeguards and accountability. Families are concerned that Specialist Provision Packages risk failing children with severe learning disabilities whose support requirements do not fit neatly into predefined categories. Young people and their families are often failed during the transition to adult services, and urgent reform is needed to address the cliff edge in support that many encounter at this critical stage.  

Jacqui Shurlock, CEO of the Challenging Behaviour Foundation, commented:  

We are concerned that, if the SEND reforms go ahead unchanged, they will deepen inequalities in a system that is already failing children with severe learning disabilities and their families. Families of children with severe learning disabilities rely on the Tribunal to challenge decisions and secure appropriate support. Rather than weakening rights of appeal, reform should focus on accountability for delivery. 

We urge the Government to recognise that children and young people with severe learning disabilities require an individualised approach to support throughout their lives. Too many systems failures in the past have been caused by services which do not recognise this. To ensure the SEND reforms work, the government must prioritise effective multi-agency working across education, health and social care, together with clear accountability for delivery. Change must be co-produced with family carers if it is to succeed in rebuilding confidence in the system.

Pat Nekati, parent carer commented:  

“The primary failure of the current SEND framework lies in delivery, accountability, continuity and commissioning practice. In my son’s case, provision has not been delivered and sustained, even where needs are clearly evidenced, agreed by professionals, and confirmed through a Tribunal decision. Commissioning responsibility has become fragmented across health, education and social care and this has resulted in the agreed provision not being consistently implemented. Where agencies disagree about responsibility, there is no clear mechanism to ensure that provision continues while those disputes are resolved. Without stronger mechanisms to ensure delivery and accountability, there is a risk that the same failures will persist” 

Key points from our consultation response are highlighted below. We will continue to engage constructively with the Department for Education and Ministers on SEND reforms in the months and years ahead to advocate for children and young people with severe learning disabilities whose behaviours may challenge and their families. 

It is important to note that these reforms remain proposals at this stage and, in the meantime, local authorities must continue to follow the existing legislation and code of practice. If you have a relative with a severe learning disability whose behaviours may challenge and would like support, please get in touch with our Family Support Team. You can call the Family Support Service on 0300 666 0126 (We are open at the following times: Monday – Thursday: 9am – 5pm|Friday: 9am – 3pm ) or email us at support@thecbf.org.uk.  

Tribunal 

The government has proposed a set of changes to the SEND Tribunal system, which will shift its focus more to thresholds, Specialist Provision Packages and placements. The Government want the Tribunal to be a “genuine last resort” and to move towards a focus on improved “mediation and schools complaints processes”, expecting the “vast majority” of disagreements to be resolved via these routes. 

The Tribunal will make binding decisions on: 

• A local authority’s decision not to carry out a need’s assessment  

• Whether a child or young person meets the threshold for the Specialist layer, and therefore should have an EHCP 

• Which Specialist Provision Package applies to the child  

• Whether a child should continue to receive an EHCP or not 

Specific binding decisions will no longer be made in terms of placement appeals and decisions, and the Tribunal will no longer name a placement for the child. If the Tribunal finds that the Local Authority’s placement decision is unreasonable, they can quash the decision and order the local authority to reconsider. 

In our survey, the majority of parents strongly disagreed or disagreed with the proposals. We raised concerns that there is little evidence that reducing Tribunal powers will improve local authority decision-making or reduce disputes. Families are concerned that these changes will make it harder to secure appropriate placements and support. There is particular concern about the proposal to remove the ability of the tribunal to direct that a placement be named in an EHCP. This could require a parent to issue multiple appeals leaving a child in an unsuitable placement or out of education.  

Rather than weakening rights of appeal, reform should focus on local authority accountability for delivery. Reform to accountability mechanisms must be developed with meaningful involvement from families.

Individual Support Plans 

The government have proposed that day-to-day provision will now be captured in a child or young person’s Individual Support Plan (ISP), rather than an EHCP. 

An ISP will be mandatory for all children and young people with SEND who meet the criteria for any one of the ‘layers’ of support. It will contain a record of their barriers to learning and of the provision needed to overcome those barriers. It is implied that the content of ISPs will not be legally enforceable and is not able to be appealed at Tribunal. 

From 2030, only children and young people who fall into the Specialist layer of support and who receive a Specialist Provision Package will be entitled to an EHCP. EHCPs will continue to guarantee a child’s legal entitlement to the provision laid out in the Specialist Provision Package they receive. 

In a survey run by the CBF, the majority of family carers strongly disagreed with the proposal to capture day-to-day provision in an ISP rather than an EHCP.  

Families raised concerns about loss of rights, reduced accountability and weaker enforceability. 

Children and young people with severe learning disabilities require intensive, lifelong and highly individualised support. Families fear that ISPs, without the statutory protections attached to EHCPs, could become generic, inconsistently implemented and less suitable for children with complex needs. Many families already report having to “fight” to secure provision specified in EHCPs and are concerned that this would worsen if day-to-day support was moved into a non-enforceable plan. 

Families also raised concerns that essential support could be reduced or omitted altogether if no longer protected by statutory duties, particularly in the context of financial pressures on statutory services. Families stressed the importance of clear routes to challenge decisions and failures in provision. A robust accountability framework is needed, alongside stronger oversight, although inspection alone is not an adequate safeguard. Families also need clear, accessible information about how proposals would affect their child’s rights and support. Any reforms should be developed collaboratively with families and recognise the trauma many have experienced navigating the SEND system. 

Specialist Support Packages  

The government have proposed a new ‘layered’ system of supports, in addition to the Universal Offer and for children and young people with additional learning needs beyond that which can be supported through the Universal Offer. 

These include Targeted, Targeted Plus, and Specialist. They will be in place from 2029/30. 

Children and young people with the most complex needs will fall under the ‘Specialist’ support layer, the highest layer in the new system. Children in this layer will be entitled to an EHCP and a Specialist Provision Package, the mechanism used to deliver and define support within that layer. 

These packages are nationally defined standardised bundles of provision that specify what support is required for children and young people with the most complex needs. Details of the proposed packages of support can be read here.  

Most families consulted by the CBF oppose a move towards Specialist Provision Packages, preferring to retain a system of individualised, needs-led support. Families and the CBF are concerned that standardised packages risk failing children with severe learning disabilities whose support requirements do not fit neatly into predefined categories. 

“In practice, needs don’t sit neatly in one box.” –  Family carer 

Families have low trust in the SEND system, frequently reporting they must “fight” for support and fear this proposal would exacerbate the situation. 

The CBF expect that all children with a severe learning disability should receive specialist support, but the proposals are not clear how the packages would drive improved commissioning or provision and how this would be managed where needs overlap packages. 

Transition to adulthood  

The Government has proposed that transitions between early years, schools and colleges will be supported through the following initiatives: 

Transition between early years settings, primary schools, schools and colleges are intended to be strengthened through partnerships, National Inclusion Standards and co-designed tailored transition packages by schools, colleges and local authorities. ISPs are intended to help ensure key information transfers smoothly to a child or young person’s next setting. 

Transition to higher education and employment is aimed to be improved through additional pathways and improved links, such as Supported Internships and apprenticeships. Those with EHCPs will “continue to be supported where needed up to the age of 25” in order to complete their education, and employers will receive additional support to take on young people with SEND. 

Young people with severe learning disabilities who display behaviours that challenge need lifelong care and support, but face a “cliff edge”, with families left to step in and fill the gaps.  

“To be frank, our transition was a complete nightmare” – Family carer 

Families describe a lack of meaningful involvement, late planning and poor coordination between agencies. The impact is inappropriate out of area placements, admissions to inpatient mental health services and increased health inequalities. 

“Our son’s life was destroyed post education” – Family carer 

Based on family experiences and our evidence review, we recommend the following:  

1. A national, cross-departmental plan for transition.
2. A named transition coordinator role for each young person.
3. An amendment to the Care Act 2014 to require transition planning from 14. 

The above actions would enable a cross-government response to improve the timeliness of planning and co-ordination of interagency working. Further information is available here.  

Challenging assumptions around the ability of young people and adults with severe learning disabilities to work, the ‘Sustainable Hub of Innovative Employment for People with Complex Needs’ supported 18 individuals into paid or voluntary employment. This demonstrates that investing in specialist supported employment can significantly improve confidence, independence and employment outcomes.