If you’re a parent or Special Educational Needs Co-Ordinator (SENCO) of a child with additional needs, you’ll know the battle it can be to secure an Education, Health and Care Plan (EHCP). This legal document is a lifeline, spelling out the exact support your child is entitled to at school.
However, with the number of EHCPs rising dramatically, putting a massive strain on resources, a new proposal is on the table that has families on edge.
The Proposed Reform: What’s Changing for EHCPs?
The Children’s Commissioner for England, Dame Rachel de Souza, has suggested a major reform. The idea is to create a tiered system of support plans, with the full EHCP reserved only for the most complex cases.
What Is the “Children’s Plan” Framework?
The proposal is based on a new “Children’s Plan” framework. The goal? To simplify the system and end the postcode lottery, where the support a child receives depends heavily on where they live.
The new tiered plans would include:
- Education Plan (EP): For educational needs only.
- Education and Health Plan (EHP): For children with both educational and health needs.
- Education and Care Plan (ECP): For those with educational and care needs.
- Education and Health Care Plan (EHCP): The top tier, for children whose needs span all three areas.
A key element is the introduction of a national threshold for assessments—ensuring consistency across local authorities. The Commissioner also recommends that children with lifelong or life-limiting conditions should automatically qualify for an EHCP, without needing to go through a drawn-out assessment process.
Why Are Parents and Experts Worried?
Parents who have fought for an EHCP know how gruelling and lengthy the process can be. Many end up at tribunal, and it often takes months or even years to secure a plan.
Now, concerns are growing that EHCPs will become even harder to access.
Will New Plans Have the Same Legal Protection?
One major concern is the legal status of the new plans. An EHCP is currently a legal document that schools must follow. Will an EP or EHP carry that same legal weight?
At this point, details are unclear. Organisations such as IPSEA and the British Psychological Society (BPS) are calling for greater transparency. In fact, the BPS has warned that limiting EHCPs could lead to:
- Segregation
- More children pushed out of mainstream settings
- An increase in tribunals and appeals
What’s the Good News?
The Commissioner has offered reassurance:
No child with an existing EHCP will lose their plan.
This means:
- You won’t need to reapply.
- There’s no requirement to move your child to a different school.
- Support remains protected—for now.
Her stance is that children and families need “more support, not less,” and that it should be provided more easily and locally.
The long-term aim is a simpler, less adversarial system that doesn’t force parents into long legal battles. Still, in her own words, any change in such a “low-trust environment” will face understandable scrutiny.
What Should You Do Right Now?
Until the system changes, the current EHCP process remains in place. If you’re applying or managing a plan now, here’s what to do:
✅ Stay Proactive
- Keep a record of everything – assessments, communications, emails, meetings.
- Connect with local support networks – join forums and talk to other parents.
- Reach out to national organisations – groups like the National Autistic Society can offer guidance.
❓ Keep Asking Questions
- Will new support plans be legally binding?
- Will schools be legally required to follow them?
- What will happen to children who don’t meet the new thresholds?
Without legal guarantees, many fear that families will be left to fight all over again.
Final Thoughts
EHCPs exist for a reason – they are legally enforceable and give children with additional needs a right to support. While reforms may aim to simplify and streamline the system, they must not come at the cost of protections, funding, or fairness.
As it stands, parents need clear answers. Until those are provided, families will remain cautious—and rightly so.
🔗 For more updates on EHCP reform, legal rights, and SEN support, stay connected with trusted sources like:
- IPSEA – Independent Provider of Special Education Advice
- National Autistic Society – Education Rights
