What next for SEND law ?

Lauren Fullerton and Arran Dowling-Hussey look at what will happen next for SEND (special educational needs and disabilities) law.

Tariffs and special educational needs and disabilities law are rarely spoken about in the same breath. The mid-April, 2025 economic headwinds caused by the American government’s trade policies may exacerbate existing trends identified earlier this year which can impact on SEND. A month or so before the stock and bond market chaos caused by Donald Trump’s ‘Liberation day’ the Education Secretary Bridget Phillipson counselled parents that they must “think very differently” on SEND support. In a speech to the Association of School and College Leaders (ASCL) annual conference Phillipson signposted that there would likely be reforms to the 2014 Children and Families Act. She remarked: “I think we need to take a step back from the system that we have right now, the system that came from the 2014 reforms, and start to think very differently about what the system will look like.”

In February of this year a National Audit report had signposted that about half of England’s councils risked ‘bankruptcy’ due to a near £5 billion deficit. Technically in the strict sense due to the nature of services offered by local authorities they don’t strictly go bankrupt, as it is normally understood, but rather strictly limit their spending. A case in point would be as will be recalled Birmingham City Council issuing a s.114(3) notice, Local Government Finance Act 1988, in the autumn of 2023. The National Audit report spoke to a ‘unsustainable’ pressure on local authorities' budgets. One area that was singled out as being of particular concern was spending on SEND. Moreover, the last Conservative government’s policy that allowed for what is known as the ‘statutory override’ so local authority’s SEND debts can on a temporary basis go ‘off the books’ and not be shown on balance sheets is unsurprisingly problematic. As it stands that override will end early next year.

Phillipson was reluctant in her speech to give any specific "hostages to fortune". She also denied that changes would be cost driven. Rather she commented: “What I want to get to is a system where support is put in place far more quickly for children who need additional support; much earlier identification of need; much more timely support and intervention.”

Phillipson in last month’s speech set out that there would be a consultative process. She spoke about “a conversation that in the months to come we’ll be having with parents”. Some parents will no doubt when hearing of remarks by ASCL’s president Manny Botwe that “The whole system is on the brink of collapse” envisage changes in two areas. More than a decade after the 2014 reforms in 2025/2026 will there be steps taken to narrow those that qualify for educational support and secondly will there be a limit on the degree to which appeals can occur? Time will tell what will actually be proposed. Whilst this is not quite “more questions than answers” territory it will be difficult to mesh together the holistic aims set out by Phillipson in terms of reforms where “support is put in place more quickly” with the financial pressures discussed which may or may not worsen due to wider world events.

Lauren Fullerton and Arran Dowling-Hussey are barristers practising from 4-5 Gray’s Inn Square Chambers.

Members of 4-5 Gray’s Inn Square Chambers Education group are ready to take instructions providing advocacy and advisory support to educational institutions and private clients including judicial reviews on school exclusions, SEND (Special Educational Needs and Disability) disputes, challenges to admissions policies, disciplinary proceedings, and issues relating to safeguarding and equality in education. Queries as to the professional availability of members of the group can be directed to Deputy Senior Clerk, Stephen Somerville on +44 (0)20 7404 5252 or by email to This email address is being protected from spambots. You need JavaScript enabled to view it.