The New Government's Impact on Special Educational Needs Law

As of the time of writing, Labour’s win does not appear to impact the legislation involving children with special educational needs. This is because there has been no indication that any changes will be made to the Children and Families Act 2014, which provides the legal framework for children with special educational needs.

Labour’s Party Manifesto and Special Educational Needs

In Labour’s Party Manifesto, Change (Change Labour Party Manifesto 2024), there is one reference to the situation for pupils with Special Educational Needs, and that reference states, “Too often our education and care systems do not meet the needs of all children, including those with Special Educational Needs and Disabilities (SEND). Labour will take a community-wide approach, improving inclusivity and expertise in mainstream schools, as well as ensuring special schools cater to those with the most complex needs. We will make sure admissions decisions account for the needs of communities and require all schools to co-operate with their local authority on school admissions, SEND inclusion, and place planning.”

There has yet to be a definition of what a community-wide approach means, nor will inclusivity and expertise be improved in mainstream schools.  However, the reference does show Labour’s intention of improving what is to be provided to pupils with special educational needs currently within mainstream schools (by looking to fund SEND resources, specialist training for teachers and improved access to individualised learning plans) as opposed to a pledge of building more special schools which was noted in other parties’ agendas.

Impact of Labour’s Tax Policy on Private Schools

Labour intends to end the VAT exemption and business rates relief for private schools with the purpose of using this money to invest in state schools. This has raised concerns from interested parties such as the Independent Schools Council, where it is felt that this could lead to a significant increase of pupils with special educational needs that are currently being educated in private schools where there are often benefits such as smaller class sizes returning to mainstream schools due to parents not being able to afford this additional increase resulting in an increase as to the number of requests being made for support from local councils by way of Education, Health and Care Plans.

Mental Health Support in Schools

A further change intended by Labour is that “Labour will provide access to specialist mental health professionals in every school, so every young person has access to early support to address problems before they escalate.” No details have been provided yet as to what that access will look like.

At this stage, there remain more questions than answers regarding the impact of Labour taking charge of an acknowledged SEND Crisis. There is no clear steer from Labour as to what will happen with the safety valve agreements (funding being provided to aim to reduce the deficit in council spending) agreed by the previous government and almost 40 councils.

Further questions relate to whether the previous government’s considerations to introducing a national template for digital Education, Health and Care Plan and new national standards will continue to be driven forward by Labour and carried out.

In summary, the situation remains the same in terms of the law and children with special educational needs. If you have any concerns or queries about obtaining support for a child with special educational needs, Birkett Long solicitors have a dedicated team that advises parents, guardians, young people, and educational institutions about what should be provided under the Children and Families Act 2014.