A joint statement has been sent to the Secretary of State, warning that legal protections for children with special educational needs and disabilities (SEND) must be preserved.

The letter to the Secretary of State and Minister Gould reinforces that the Government’s upcoming SEND reforms must not jeopardise children’s legal protections.

Reiterating the ‘red lines’ from The Disabled Children’s Partnership’s (DCP) ‘Fight For Ordinary’ report that was published last year, the statement reinforces that the reforms should ‘strengthen, support and safeguard children’s existing rights’.

It cautions against removing children’s legally enforceable plans, abolishing the SEND tribunal, ending support for young people aged 18, taking children out of stable placements or interfering with essential support, and narrowing the definition of SEND to limit eligibility.

The letter also warns that the overhaul should not see ‘specialist’ provision increased in mainstream schools without the training of further specialists, or hand mainstream early years, school and college staff more responsibility to teach children with SEND without appropriate workforce training.

As a further mandatory protection, the organisations emphasise that mainstream schools must not maintain structures around behaviour and attendance that undermine inclusivity practices.

They reinforce that the existing SEND support available in schools is ineffective, with just 8% of carers agreeing that it fulfils their child’s needs to the full extent.

‘If the Government is serious about reducing pressure on the SEND system, SEN Support provided by mainstream schools must be placed on a statutory footing. This would clarify responsibilities, ensure early and effective support, and create real accountability when children’s needs are not met’, the statement reads.

As part of its recommendations, the letter urges the Government to boost SEND support in mainstream schools, deliver a legal guarantee of support for children, and ensure the overhaul allows for earlier help to be provided for those in need.

It also calls for adequate training for education staff and multi-agency partnership support, as well as the establishment of consequences for nurseries, schools and colleges that fall short of their responsibilities.

‘Reform must mean stronger support, earlier intervention and enforceable rights. Anything less risks deepening the crisis and failing a generation of children’, the letter says.

The Department for Education has been contacted for comment.