Recently, the Government announced proposed changes to Special Education Needs and Disability. From what I understand, the proposed reform is that Education, Health and Care Plans (EHCPs) will effectively be removed, aside from those with the highest level of need. They're being replaced with Individual Support Plans (ISPs), which will be more widespread than EHCPs and issued and implemented by schools. 

It’s unclear whether ISPs will have legal enforcement. It appears that there’s no clear right of appeal and no meaningful recourse if parents disagree with the contents.  With EHCPs, there is a legal framework, which means they must be enforced by law. If EHCPS aren’t enforced, both schools and local authorities are held accountable. Who's enforcing the ISPs? Is it still the local authority? Is it schools? Who's responsible for holding schools and councils accountable? Will a legal route exist?  

I also want clarification regarding reserving EHCPs for children with the highest level of need. Is that regarding a physical need? Or children who also have a learning disability? My son Rudy is autistic and doesn’t have a learning disability. Does that mean he wouldn’t qualify? 

I'm very sceptical about the changes. If you've been through the current EHCP process, you probably would be too. Nobody puts themselves through that unless they absolutely must. It has been one of the most stressful experiences of my life. 

We applied for Rudy’s EHCP in December 2024. The process starts with a needs assessment. This requires various professionals to observe your child at school. Although Rudy met the legal criteria for a needs assessment, the local authority refused to assess him. They told us Rudy’s school should be doing more than it was already doing. This was both inaccurate and unlawful. After weeks of back-and-forth with the local authority, we were forced to go to a tribunal. We needed to ensure Rudy’s needs assessment took place. After a very long year, the local authority finally observed Rudy in December 2025. His EHCP was finally issued in March 2026.  

Rudy starts reception at a mainstream school in September. He’s going to a lovely school, but they have already said they cannot meet the provision in his EHCP without more funding.  His EHCP states he needs full-time 1-2-1 support, but the local authority provided a budget that is a fraction of someone’s salary. The local authority issued an EHCP, fully aware of its contents. But failed to provide sufficient funding to deliver it. I don’t find it surprising, but it’s disappointing. 

Getting Rudy’s support in place feels like a game of cat and mouse between me, the school, and the local authority. The local authority should have provided enough funding. They didn't. The school has a responsibility to rectify this and pursue the funding. They aren't. I'm constantly chasing the school every three weeks, asking for updates, which I don’t get. It’s exhausting! 

I have to advocate for Rudy because I have to be his voice. Navigating these systems is really challenging. There'll be lots of children whose parents don’t have the capacity to do this for their child. A lot of parents of neurodivergent children are neurodivergent themselves. I’ve had to have such uncomfortable conversations. They’re probably even more uncomfortable if you struggle with conflict or have communication differences. 

I worry that the one thing reliably protecting Rudy is the legal framework. Should that be removed, what happens then? 

Rudy is calm, smiley, and a joy! He also faces significant challenges every day. It’s a silent battle that people who don’t know him well can’t see. Externally, Rudy’s challenges present subtly. He isn’t disruptive. He isn’t the loudest in the room. However, quietly and thoughtfully, he struggles. And he is very unlikely to vocalise those challenges. 

The Occupational Therapist who worked with us said that Rudy is the type of child that she worries about the most because they slip under the radar.  

For Rudy, access to education can be difficult. It’s both incredibly overwhelming and anxiety-inducing. It’s full of frequent transitions, new people, new places, and new routines. The right environment is essential for him. He’s currently thriving at a pre-school that he absolutely loves. However, Rudy’s previous nursery proved to be the wrong environment for him. He was so anxious that he was unable to eat, couldn’t sleep, so he didn’t feel safe or learn. I lose sleep at the thought of this ever happening again. 
 
People see such a small snapshot of him, overlooking his challenges. This is where the EHCP is incredibly helpful. It's thorough, detailed, and includes specialist observations across several settings. Educational psychologists, occupational therapists, and speech and language therapists are trained to see beneath the layers and work with individuals to manage these challenges. 

Children with additional needs are some of the most vulnerable people in our society. We must keep the legal framework in place to protect them. Neurodivergent children face so many barriers to education. Should the government remove the legal enforceability and accountability protecting them, these barriers will be harder to overcome. 

Should the proposed changes take place, I hope that ISPs are legally enforceable, as EHCPs are. And that the legal enforcement is consistent, correct, and fair. Something the current EHCP system is not.  We're having to rely on the local authority to ‘do the right thing’. For my family and many others, this hasn’t happened without legal enforcement. 

As Rudy transfers to reception in September, I hope he feels safe, happy, and makes friends. Should his EHCP be delivered, I’m confident that this will be the case. Despite the long and winding journey of the last 18 months, I feel very lucky that Rudy will be starting school with his EHCP. 

My hope for others is that they are helped before they are left to fail. It’s much easier to intervene early than get someone back on track.