Starmer on collision course with MPs who fear SEND reforms mean ‘austerity’ ...Middle East

MPs have warned the Government of a “showdown” over reforms to the special educational needs system they fear will cut back support for vulnerable children.

Labour members say they are gearing up to vote against any changes that “take away services” or “reduce support, financial or otherwise” for pupils with SEND (special educational needs and disabilities).

Backbenchers have told The i Paper that their red lines would also include children losing their legal rights to funding and provision – currently set out through individual Education Health and Care Plans (EHCPs).

MPs warnings suggest they could be on collision course with ministers despite Education Secretary Bridget Phillipson’s intensive efforts to win Labour members over to the need for SEND reforms, due to be unveiled in a White Paper this autumn.

“If the [paper] is unfair and unpopular, there’ll be a lot of resistance in the Commons, there isn’t any doubt about that, that is a guarantee,” one Labour MP said.

It is understood that ministers are looking at phasing out individual EHCPs, and they have said they want to move towards a SEND system where “most needs” are met within mainstream rather than special schools.

The plans come against a backdrop of the rapidly escalating costs. In October, the National Audit Office (NAO) warned that the current SEND system is “financially unsustainable”, with “soaring demand” and a 140 per cent rise in EHCPs since 2015, leaving more than two fifths of local authorities at risk of effective bankruptcy.

It also comes as Rachel Reeves prepares a Budget in which the Chancellor is expected to be forced to put up taxes to plug an expanding fiscal black hole.

Rachel Reeves is expected to announce tax rises in her next Budget (Photo: Justin Tallis/AFP)

One Labour MP said that any sense the SEND reforms were being used as “another vehicle for austerity” would lead to them opposing them. “That would obviously be a major area of concern for myself and others,” they told The i Paper.

MPs’ concerns about SEND changes

The potential for trouble for Keir Starmer’s government was underlined again last week when 25 MPs and staff representing a further 15, attended a packed “drop-in” session where they were able to discuss the potential reforms with parents of children with SEND.

The event– organised by SEND campaigners – also saw new schools minister Georgia Gould meet with a handful of parents.

It was held last Monday, the day of a Westminster Hall debate on specials needs held in response to a petition with more than 127,000 signatures calling for the retention of the legal right to support for children with SEND.

A Labour backbencher said the large number of MPs participating summed up the concerns about the reforms “across the political piece”.

“I’ve been an MP 15 years. I’ve never seen so many people in a Westminster Hall debate,” they said.  “There was more than 120 people in that debate, most of whom had wanted to speak…

“Very rarely on any issue would you get anything like as many people into a Westminster Hall debate.”

Ministers have also been warned about changing the SEND system and the need to protect pupils’ legal rights by the cross-party Commons education select committee.

In a report last week the MPs wrote: “Current levels of EHC plans are unsustainable; however, the solution to this cannot be to remove the statutory entitlements from a system which lacks accountability in many other areas and in which parents already have so little trust and confidence.”

The Government has been concerned about the potential for SEND to turn into “welfare reforms mark 2” – a repeat of the damaging backbench rebellion earlier this year that led to the gutting of the benefits changes it had wanted to make.

It was forced to water down changes to the Personal Independent Payment (PIP) system after more than 120 Labour MPs were reportedly poised to vote against their party’s own bill.

It is understood that ministers had originally been planned to unveil the SEND plans in the Spring but that Downing Street got “cold feet” as the welfare controversy raged, worrying that anything that could be framed as “disabled kids lose rights” would “go down like an absolute lead balloon”.

Now MPs are warning that a revolt over SEND could be even bigger.

Neil Duncan-Jordan, who was suspended from Labour, after criticising and voting against the welfare reforms, said: “If we don’t get this right, we’re in for another load of dissent and disagreement, because every constituency has got SEND families, every MP has got SEND families who write to them.

‘Families are nervous and worried’

“Doesn’t matter what political colour you are, you’re getting those families through. They’re all nervous, they’re all worried, they’re all concerned. I’m hoping we can avoid it, but potentially, yes, we are in for another showdown.”

He added that the SEND Westminster Hall debate had illustrated the strength of feeling among MPs and suggested there could be “more” of a backlash than for welfare.

“Every time we’ve had a SEND debate in here it’s been packed,” he said. “So that tells me that MPs of all colours want to get in, want to have their say. Well, that probably means they’ve got views about how they think it should work or not, and they’re going to vote accordingly.”

Jen Craft, a Labour MP with a daughter with SEND, said constituents were worried about the loss of legal rights.

“It would be unnecessary, I think, to remove parents’ rights to an EHCP or to have a legal framework to back up what their kid needs at school,” she said.

Craft said that her daughter currently gets support guaranteed by an EHCP and she would be concerned if this did not exist.

“The question I asked myself is, would I be happy for her to not have that written out in a legal document?” she said. “The answer was no. We need to still have those legal safeguards in place for parents.”

Craft said she was “talking extensively to ministers”, including the Education Secretary, to share her views. She doubted whether MPs will revolt in the same way they did over welfare, saying: “I think everyone is determined that it doesn’t become that.”

SEND revolt could be bigger than welfare reversal

But another Labour backbencher, who wished to remain anonymous, said that SEND could be a bigger problem for the Government than welfare.

“The welfare issue was more widespread, because there’s a lots and lots of people who depend on that,” they said. “This is more acute. This is to do with people who need an up in life, the parents, the families, the siblings, they all need support…

“I’ll not be supporting anything that would cut resources or any financial support for special education needs kids. No matter what the consequences are, I’ll not support any cuts to the budgets which might impact upon kids who need the support – not just need it but deserve the support we can give.”

They added that resistance would come from “right across the parties against any move for a reduction and support for SEND individuals”.

Another Labour MP, who also wished to remain anonymous, said their red line would be against a white paper that was “utilised as another form of austerity”.

They also said any backlash would come down to whether the reforms resulted in cuts to services.

“Sometimes, something worthy might look good,” they said. “But the reality is, is that it masks the fact that the service is going to be basically diminished by having less funding. And I don’t want to see that for special educational needs,” they told The i Paper.

They said discussion and negotiation were the “first port of call” but added: “Ultimately, further down the tracks, you may well choose to vote, you know, to vote against something.”

Asked whether rebel numbers could be similar to welfare, they said: “I don’t think that I’m alone in not wanting more austerity.”

The Department for Education (DfE) has sought to allay fears about cuts with a promise to protect existing SEND support, saying: “Any changes we make will improve support for children and parents, stop parents from having to fight for support, and protect provision currently in place.”

But in July, the then schools minister Catherine McKinnell – who led on SEND – qualified that reassurance, telling the Commons Education Select Committee that the Government would not remove “effective current provision that is working for children and young people”.

A DfE spokesperson said: “This government inherited a SEND system left on its knees, which is why we are listening closely to families and teachers as we work to make sure more children can achieve and thrive in their local school.

“Through our Plan for Change we’re already making progress – investing £1 billion into SEND and £740 million in specialist school places, rolling out a new inclusion-centred training curriculum, and improving early intervention for speech and language needs.

“Our priority will always be improving support and we will set out our plans to ensure all children get the outcomes and life chances they deserve later this year.”

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