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SEND Provision and Reform

I do, but I want to address the key point that I think we all have to acknowledge. Between 2014 and 2023, there was a 140% expansion in the number of EHCPs to well over half a million. In generating that volume of demand, Members in all parts of the House—no matter who is in government—have to be honest about whether, given the budgets we have, we can actually provide solutions that meet the needs of every individual child. We are all trying to make the case to achieve that, whether through EHCPs giving us the legal backstop, or moving to an individual support plan in a school-based solution.

I want us to recognise that, in defining needs so much more broadly, we have created such a demand and expectation of the state. We have to be real about what we can and cannot provide. This is very delicate territory, because we are always concerned that we will be accused of denying that the needs exist, but what concerns me is that we will set expectations that the school will set up an individual definition of provision and it will not be met in exactly the same way that we have seen with the challenges over the past decade. There is a central tension in the White Paper that, as we move from a rights-based system of statutory entitlements to a resource-led system, the situation will automatically improve.

It seems to me that the representatives of those with unmet SEND provision and the charities are concerned that having set expectations in our country that EHCPs are legally enforceable, there will be an enforceability gap. With the proposed ISPs, although parents might have the right to a plan, they will not have the legal right to the provision it contains. If we standardise things over individual needs and move to a situation where we have nationally determined fixed packages of support, we will risk getting into exactly the situation that we have reached in recent years.