If no news, send rumours: Education Committee scolds DfE over “White Paper” while its SEND Inquiry hears from young people.

Contents

The Education Select Committee chair, Helen Hayes, has written to the Schools Minister, Catherine McKinnell, asking the Department for Education to write to them, setting out any plans and timescales “over the next six months” it has for policy announcements, “…In light of [recent media reports] suggesting the imminent publication of a White Paper on SEND,”

The media reports Ms Hayes referred to is an article by Patrick Butler in the Guardian that has sparked alarm across the SEND sector claiming,

“…it is understood ministers are preparing a white paper due to be published in late spring setting out details of what one insider called a “complete recalibration” of the special educational needs and disabilities (SEND) system.
“The government is believed to be considering changes to existing Send legislation that councils hope would ease the deficits, alongside a series of measures designed to prioritise state school provision and cut council spending in costly private specialist needs schools.”
Patrick Butler, The Guardian

I was quoted in the same article with some fighting talk and I know you would be with us:

“Parents’ groups warned ministers would have a “massive fight on their hands” over any attempts to dilute children’s legal rights to SEND support. “Reducing SEND entitlement won’t make needs go away. You just end up with lots of children with needs but no support,” said Tania Tirraoro of the campaign group Special Needs Jungle. support. “Reducing SEND entitlement won’t make needs go away. You just end up with lots of children with needs but no support,”
The Guardian

image is a screenshot of part of the letter

If no news, send rumours*

As well as this supposed White Paper, we’ve also heard rumours of the government possibly making EHCPs harder to get. But how much truth is there in these rumours/leaks? Subsequent conversations with DfE officials have left us none the wiser, and it’s clear from Helen Hayes’ letter that we are not alone.

“My Committee are grateful for the written evidence that your Department submitted to our inquiry into SEND. We note however, that this made no reference to an upcoming White Paper or other major policy announcements.”
Helen Hayes’ Letter to Catherine McKinnell

The Education Select Committee is currently going through the 880 responses to its recent SEND Inquiry that sought input on solutions to the crisis. So you can understand Helen Hayes’ frustration that possible so-called “leaks” seem to indicate the Department is not waiting for the outcome of the inquiry before pushing ahead—and not just with a Green “discussion” paper.

The idea of a potential White paper has left the sector and parents feeling very uneasy, especially considering the dearth of collaboration so far. Ministers have been “listening” a lot, it says, but anything as advanced as a White Paper seems very premature, given everything else that is being trialled, and given its own research into resourced provision seems at an early stage.

Ms Hayes’ letter went on to say,

“As a Committee, we wish to work constructively and collaboratively with Government to develop workable policy solutions through our cross-party scrutiny which is based on evidence from a diverse range of expert stakeholders. I am sure you will agree that there is no policy area where evidence-based change, supported by strong buy-in from stakeholders, is more urgently needed than SEND. We therefore urge the Government to examine the scrutiny we are conducting in this area as a constructive complement to your own work in this area.”
Helen Hayes letter

image shows the first part of hearing witnesses — Catherine McLeod, Annemarie Hassell, Margaret Mulholland, Clare Howard

Do we believe the “leaks”?

Frankly, I would be quite surprised if current rumours are accurate— there hasn’t been the kind of noise you would expect if such a large change was imminent, and the fact the rumours reflect the local government narrative is highly suspicious.

We know the DfE wants to fix this long-running crisis, but looking at where they’re up to, I’m not quite sure what they’d put in a White paper. The previous SEND reforms took two years to trial and were preceded by a Green paper. It would take a brave—or more accurately, a foolish—government to try to push through unpopular proposals in the face of a large, vocal and angry parent community, on top of plans for a hugely controversial (aka just very bad) assault on disability benefits. How many ways can a Labour Government betray its principles? I guess we’ll be finding out— and if the DfE wants to bring the families and the SEND sector along with it on whatever it wants to do, this is not the way to go about it. Some clarity is needed, fast.

Oral hearings with SEND education leaders

Meanwhile, Oral evidence is still being given in the Education Committee’s SEND Inquiry. Earlier this week, it was the turn of early years, schools, and further education leaders, followed by a panel of young people.

The first session featured four highly-experienced female SEND leaders from across the education age-span. Catherine McLeod MBE of Dingley’s Promise Early Years charity, Annamarie Hassall MBE, of SEND education charity, nasen, Margaret Mulholland, SEND & Inclusion specialist at the Association of School and College Leaders (ASCL) and Clare Howard, CEO, Natspec, the National Association of Specialist Colleges.

Margaret Mulholland spoke of her worries about the lack of resources in schools and colleges to support children with SEND, especially the lack of money going directly into the classroom. Later, however, she and the other speakers were reluctant to back ringfencing of the delegated SEND budget that we believe is important for that reason.

Ms Mulholland highlighted the good practice she saw in some schools and said they were “really excited” about the commitment to inclusion the Labour government is emphasising.

Annemarie Hassall began by speaking of the government-funded Universal SEND Services contract nasen runs via Whole School SEND (whose Advisory Group both Sharon and I sit on). She said her top concern was the inconsistencies in training and expertise around the country. Another issue she spoke about was the difference between some very inclusive Multi-Academy Trusts with others that were more focused on exam results that don’t see SEND as core to the school.

Getting support in place early is crucial

Ms Hassall highlighted how the difficulties with getting “crucial” external support such as speech and language therapists into schools meant teaching assistants are carrying out health-related education support, before they can start to support children’s other learning. That’s something that we’ve seen for many years, but previously, it would have been under the guidance of the area SaLT team.

As you would expect, Catherine McCleod of Dingley’s Promise wanted the committee to understand the value and importance of the early years for children with SEND as they feed into schools:

“…that relationship between schools and early years is not particularly strong in some areas and the early years as a sector is fairly undervalued, feel very much that they work really well actually with children with send the early years is our best chance to have full inclusion and that’s what we really should be driving for.”
Catherine McLeod

Ms McLeod said valuing strong early years provision helps build families’ trust that their children with SEND can be supported in mainstream, rather than feel forced into seeking special provision. She also made the important point that if local authorities improved their use of data from early years, they would be better able to see and plan for the needs of children heading towards school years.

No funding for SEND in FE

Speaking for further education, Clare Howard spoke of the urgency for SEND support funding for mainstream colleges. FE lacks the equivalent of the £6k notional SEND budget in schools (such as it is). “…they are performing miracles despite that given the large number of SEND learners in colleges nearly 30% of 16-18 year olds and 18% of adults so I think it’s urgent some sort of SEND support funding does arrive in colleges.”

Helen Hayes asked about what could be done immediately. Margaret Mulholland spoke of the postcode lottery of good practice, and where it existed, it didn’t have the security of long-term funding. She said schools depend on top-up funding rather than core funding to maintain the staff needed to support needs.

“We’ve got one in five children with special educational needs in school, but we haven’t got the provision and the funding enabling us to do that universal provision really well, and that’s what’s escalating the demand for EHCPs.”
Margaret Mulholland ASCL

More inclusion training

All the witnesses spoke of the need for inclusion training across the sector. Catherine McLeod said this was the,

“…best chance for inclusion for everyone. A really strong Ordinarily Available Provision, knowing what every setting should be offering and making sure every setting is using a gradated approach—so Assess, Plan, Do, Review…so those earliest years should not be focused on getting an EHCP….and properly fund the early years so any children should get what they need without needing to go for a diagnosis at that stage.”
Catherine McLeod, Dingley’s Promise

Helen Hayes asked about the shift in resources that’s needed to ensure schools have funding for SEN Support. Margaret Mulholland was unequivocal that writing off of local authority debt was needed so the money going into the system actually reaches the classroom. “…if we really want an inclusive model with the universal provision in ordinarily available as standard then we need to address the the national funding formula. It must change.” She estimated that at 2024 prices, the current £6000 should be £13,500, which would then be enough to provision SEN Support as it should be done.

“…if you’ve got one fifth of young people on the SEND register in school it should be standard practice, but we have a system that still designed on an old model of my minority grouping. I think one really important point is that we need to fund implementation of change and we haven’t done that very effectively in the past. The IFS report said to expand core provision you need significant investment not just funding and actually said double funding in the first instance to get the system mobilised and working so significant amounts of funding that go into that whole school approach as well as protecting that additional provision needed for young people with exceptional needs”
Margaret Mulholland

Statutory SEN Support?

Questioned on making SEN Support statutory, these witnesses said they understood why there were calls for this, when it’s a case of children getting some support or none, but the danger was in creating more bureaucracy before support can be put into place.

When asked about what can be done while children are waiting for EHCPs, Margaret Mulholland spoke of the importance of working closely with families, passing on resources and keeping in touch as a “team around the family”. She said some LAs are working with schools to release funds early so schools can put in support before an EHCP is completed. She noted that schools are having their assessments rejected by the LA and having to start over. Ms Mulholland said, “instead of being able to use our capacity to focus on meeting the needs of the young people, actually we’re meeting the needs of administrative bureaucratic threshold so we really want to see a rapid change to that.”

Catherine McLeod noted that funding was an ever-increasing barrier with 35% of early years settings turning children with additional needs away, so Early Years needs to be valued more

What is inclusive mainstream?

When asked about a definition of inclusive mainstream, Catherine McDonald said there needed to be a shared understanding of what inclusive practice looks like, and guidance for Ordinarily Available Provision so families can have confidence their child with SEND will have their needs met in early years.

Anne-Marie Hassell said in her view, inclusion isn’t static and is broader than SEND, taking into account “wider vulnerabilities”. Ms Hayes countered that in a system with low confidence, without proper definition, how can you have proper accountability?

Ms Hassell replied it was more about whether young people and families felt included. We would say, however, that “feeling included” is a subjective emotion. Disability and inclusion expert, Richard Rieser (who really should be in invited to give evidence) previously said on SNJ:

“As a disabled person who was a disabled child in the school system, I know the key issues are feeling safe, not being bullied and having your individual needs addressed in a way that takes one’s learning forward with confidence and support. They should not be made to feel that your learning difficulties are your fault or that your physical difference is that something that diminishes your self-esteem.”

A definition of inclusive mainstream doesn’t need to be inflexible. Basing it on that of the UN CRPD Article 24 (even with the UK’s opt-out allowing special schools) is a good place to start. However, as Annemarie said, it’s not just about a definition but about implementation and how you achieve it over time.

Margaret Mulholland made the point that simply having high numbers of children with SEND in mainstream and not in specialist settings is not necessarily indicative of inclusion. Schools need help with the process of inclusion to get to a sense of belonging and achievement.

Clare Howard observed that the end point is of disabled children becoming adults included in society.

But in our family, we have found that finding belonging in school doesn’t necessarily lead to being included in society as adults. How many young people got good support in education, only to find support lacking in further or higher education, and no place for them within the world of work?

The prime minister now seems inexplicably fixated on cutting benefits and getting disabled people into work, but he seems to have missed the bit about creating opportunities flexible enough for someone who may be extremely bright but with an inability to organise themselves and only a few scattered hours a day—if that— free of fatigue or pain. A job coach can’t fix that. Simply wanting to work doesn’t mean there is work suitable to be had.

Join us on BlueSky

SNJ WhatsApp Channel

Listening to young people

The second half of the session was devoted to hearing from young people with experience of the SEND system. Five extraordinary young autistic women with a range of comorbidities, Katie, 17, Lucy, 22, Joanna, 21 Sarah, 20 and Madeline aged 19, all spoke eloquently about their experiences in education. They are all examples of how girls are usually diagnosed later than boys, but how the reason for this—masking— often ends up in mental health problems and burnout.

Hearing from them in their own thoughtful words brought the inquiry hearings to life. Their experiences, so familiar to many, brought depth and meaning. Their experiences of education should shame those who want to dilute rights. Why would anyone want to make getting the right support even harder?

Joanna was only diagnosed as autistic at 15. The lack of support she received led to her mental health problems and an in-patient psychiatric stay. Her disability meant her mum had to give up work to care for her. Despite the lack of support, Joanna managed to get to university, where the help was better.

Lucy suffered from “autistic burnout” in mainstream secondary, and was sectioned. She got an EHCP during a poor experience in a mental health unit and has had a number of periods out of school

As well as autism, Katie 17, has PTSD from the education system. After no support in secondary and not thriving in several other schools, she now has EOTAS.

Sarah, 20, is in her final year at university. As well as being autistic, she has a visual impairment. Although Sarah had good support in primary with an EHCP, the help was not replicated in secondary.

Madeleine, 19, had to research her own condition after realising she was different from her peers. She got no real support in mainstream and had to move to an online school at 14 after her family fought for it. She is now in her second year at university with support that she says is good.

Most of the group found that their crunch point came at secondary, when any support they may have had at primary fell away. Sarah spoke of how support from school was highly variable, and she felt embarrassed to use her cane until she got to university. She related how her friends sometimes had to act as support workers, which she found uncomfortable.

image shows the young people witnesses — The young people give evidence sat around the table with MPs

EHCP delays take a toll on mental health

Katie spoke about how in secondary, her parents agreed reasonable adjustments with the head teacher, but they were not put into place. When she did get an EHCP, her support improved, but it was too late, and she had to drop out of school. Katie said EHCP amendments take such a long time, even if you’re in crisis, and this takes a big toll on families as they have to self-advocate.

Lucy spoke of spending prolonged periods out of education and also of having long waits to get EHCPs changed or updated when she moved areas. The effect of delays and lack of communication from the local authority took a large toll:

“It’s also significantly affected my mental health… being left with periods without education with nothing to do, just sat at home and that made my anxiety so much worse. I mean there are points where when I was in a specialist school I started to go out on my own, but as soon as I came out about I just withdrew again and I had to learn to do all of those things over and over again.”
Lucy

Joanna told the MPs that her family didn’t realise her mental health was related to her SEND needs, and pursuing it seemed like an extra burden. Her diagnoses, including for autism, only came after she became malnourished and ended up in hospital. When in specialist school, the support came just in time to help her take her exams, which included extra time.

Sarah said the uncertainty of whether or not support would materialise has had a negative impact on her anxiety

Promoted

How can schools make sure they meet the needs of all their students?

Katie doubted a mainstream school could meet all the needs of all 30 students in a class. She also questioned using the term “inclusive” as feeling included is very individual, rather than it being a blanket term. She believes smaller class sizes would help, especially with the sensory overload of large and busy classrooms, with every teacher too busy to help.

Lucy said flexibility was key for students like her, and there needed to be more provision for neurodivergent individuals who don’t fit in mainstream or special schools and require a low-stimulus environment.

Joanna also spoke of the importance of individualised support and how having a specific diagnosis shouldn’t cloud decisions of what might work on an individual level. She spoke strongly of the stress that league tables placed on teachers and, as a result, on children. She also criticised overly-strict behaviour policies that punished petty infractions, saying they were often inappropriate for many children, such as those with SEND or difficulties in their home circumstances. Madeleine also mentioned the stress of exams and league tables and the lack of flexible thinking on supporting her inclusion in school life.

What one thing would have made a big difference?

When asked for one thing that would improve education for children with SEND, Lucy said to listen to people like them and their families. Madeleine and Sarah both spoke of the importance of keeping young people an active part of the conversation.

Joanna highlighted that while her parents could advocate for her, many families living in more difficult circumstances couldn’t do this, and those families needed to be supported.

We end with Katie, who echoed the importance of young people being part of the conversation, but most importantly, said,

“Local authorities need to stop fighting families and work with families and young people. Constantly saying no and pushing back, trying to make it difficult. We all just need to work together on it because fighting doesn’t work”
Katie

We wish all five the best of luck with their endeavours.

You can find the recording of the proceedings here

*If no news, send rumours is the title of a 1991 book of anecdotes from American journalism I bought on my first trip as a young journalist to Boston in 1992…I’ve still got two Clinton/Gore badges from the same trip too…

Please consider a one-off or regular donation to help SNJ keep going in 2025!

Don’t miss a thing!

Don’t miss any posts from SNJ – simply add your email address below. You must click the link in the confirmation email you’ll receive to activate your free subscription.

You can also keep up with us by following our

WhatsApp Channel!

Want more? Be an SNJ regular donor!

SNJ is a non-profit and everyone who writes here does so voluntarily. We need your support to help us with costs by donating once or as a regular patron. Find out more here

About
Latest Posts

Tania Tirraoro

Founder, Co-Director at Special Needs Jungle

Founder & co-director of Special Needs Jungle. (She/Her) Autistic parent of two young autistic adults Devoted Grandma. National SEND advisor, journalist & author. Tania also runs a PR, web & social media consultancy, SocialOro Media.
She is a rare disease & chronic pain patient advocate with Ehlers Danlos syndrome.

Latest posts by Tania Tirraoro (see all)