The SEND Crisis: What parents need to know about the House of Commons Education Committee Report

For many families raising children with special educational needs (SEN), the latest report from the Education Select Committee will feel painfully familiar. It confirms what parents have been saying for years: the system is under strain and unable to consistently meet children’s needs.

Understanding the levels of SEND support

The report highlights the three levels of support in the current system: ordinarily available provision, SEN support and Education, Health and Care Plans (EHCPs). In theory, this graduated approach should mean children get help early and at the right level.

Currently there is no consistency in what “ordinarily available provision” is, which leaves schools unable to determine what they are expected to do as a minimum for children with SEN. This variability leads to more children requiring formal SEN support or even an EHCP to help secure the support they need. The Committee recommends national standards and expectations for ordinarily available provision to create a consistent baseline across the country so families and schools know what should be in place without needing a Plan.  

What does “inclusive mainstream education” really mean?

The Government says it wants most children with SEN educated in mainstream schools, with the right support in place. Although, there is still no clear definition of what inclusivity means in practice.

Parents often find that mainstream schools are not resourced or trained to deliver inclusive education. Without national standards, provision varies hugely from one local authority or even one school to another. Some schools have well-designed SEN units or resource bases that allow children to access mainstream learning with specialist support, but places are limited.

The Committee has called on the Department for Education to publish a clear definition of inclusion, backed up with statutory standards and funding. They also believe that the education workforce must be upskilled through professional development and ensure that future teachers are prepared to serve a diverse classroom. 

The capacity crisis in specialist schools

State special schools are oversubscribed, with many at or over capacity. As a result, local authorities are increasingly placing children in independent specialist schools. The report emphasises the need to expand specialist state provision, but this requires long-term planning, data and funding. Parents know only too well the distress of waiting for a place in a suitable school while their child’s needs go unmet and the situation escalates.

Early childhood support, a missed opportunity

The early years are critical for identifying and supporting needs, yet nurseries and early years settings are often underfunded and understaffed. In July 2025, the Department of Education published its Best Start for Life strategy, which aims for children in England to have better levels of development. The Committee notes that programmes like this are welcome, as long as they embrace inclusivity for children with SEN and recognise their diverse needs for the earliest stages and provide targeted support to ensure equitable access. They also call for national programmes like Nuffield Early Language Intervention (NELI) and Early Language Support for Every Child (ELSEC) to be rolled out universally.

The demand for EHCPs

EHCP are meant for the most complex cases, but because ordinary support is so patchy, more parents feel forced to pursue one. The numbers have more than doubled in the last decade, and many are still not issued within the 20-week deadline following an application.

This creates a bottleneck where educational psychologists and therapists spend their time assessing children for Plans rather than delivering support. The Committee recommends a shift towards strengthening early and mainstream provision, so fewer families need to go down the EHCP route.

The role of the Tribunal

Parents are entitled to challenge local authority decisions about EHCPs through the SEND Tribunal. Most appeals are found in favour of the parents. Many local authorities are forced to make decisions based on resources rather than children’s actual needs. It was also found that a large amount of funds are being used by local authorities to defend themselves in legal disputes, rather than provide provision for SEN support.

The Committee has recommended a strengthening of the powers of the Tribunal regarding health and social care, noting that they should be allowed to make legally binding decisions. They also acknowledge there should be joint responsibility between education, health and social care to ensure that children and young people with SEN receive the support they need.

The takeaway

The media regarding SEN lately has been catastrophising the situation and many parents have felt deepening anxiety because of this. The recommendations in this report call for practical solutions including clear standards, more training, better accountability, improved collaboration, and increased funding.

The report acknowledges the obvious:

• Schools and local authorities are overstretched.
• Maintained specialist places are too few.
• Early years intervention is under-resourced.
• The workforce needs proper training.
• Families are forced into battle for EHCPs and cases in the Tribunal.

Parents and campaigners have been saying many of these things for years. This report puts SEN back on the political agenda and strengthens the case for change. The real test will be whether the Government commits the funding and resources to make inclusive education a reality rather than a recommendation.

The full report can be found here: Solving the SEND Crisis.

We recommend getting specialist legal advice if you have a query around EHCPs. The Boyes Turner Education team can be contacted on 0118 467 6547 or via senexpertsolicitors@boyesturner.com.