SEND Under Pressure: What the DfE’s Response Tells Us and What It Doesn’t
In June 2025, the Department for Education (DfE) responded to mounting concern that the Special Educational Needs and Disability (SEND) Tribunal could be diminished, or even dismantled, through upcoming reforms.
While the DfE publicly stated it has “no plans to abolish SEND tribunals”, the choice of words left many in the SEND community more uneasy than reassured.
For parents and professionals alike, the message was clear: significant changes are coming, and the lack of transparency around what those changes will look like is creating a growing climate of mistrust.
“No Plans to Abolish” – Reassurance or Redirection?
The DfE’s official statement, issued in response to a report by the Law Gazette, attempted to calm fears by stating there were no current plans to scrap the tribunal system. The department also highlighted its ongoing work on a SEND White Paper and a new £740 million “transformation fund” intended to increase specialist provision in mainstream settings.
However, phrases like “no plans” offer reassurance without certainty. They leave the door open to future limitations, be that reducing tribunal access, narrowing grounds for appeal, or routing disputes into internal, LA-led resolution mechanisms.
And for families already grappling with delays, refusals, or unlawful EHCPs, any signal that independent oversight could be weakened is deeply worrying.
Real Impact: Delays, Disillusionment and Disengagement
In practice, the SEND system remains under extraordinary pressure. The EHCP process is often slow, adversarial, and under-resourced. LAs are stretched and, in some cases, acting outside the law. Tribunal has become, for many, the only reliable route to enforce their child’s legal rights.
From my own advocacy work, I’ve seen families wait six months or more after an Annual Review without a single update no amendments, no decision, no communication.
These are not administrative oversights they are systemic failures.
Tribunals are not the problem. They are the remedy when everything else breaks down.
£740 Million – But Who Will Benefit?
The government’s announcement of £740 million to fund more specialist places in mainstream schools sounds positive—but there’s little clarity on how this money will be used or monitored.
More provision is welcome. But it won’t solve anything if:
- EHCPs remain vague or unenforceable
- Parents still have to fight for named placements
- LAs continue to delay or ignore tribunal outcomes
Without legal accountability, funding can disappear without impact.
Families Respond: A Petition Gains Ground
Concern over the future of SEND legal protections has mobilised thousands of families. A national petition calling on the government to retain the legal right to assessment and support in education has already passed the 100,000-signature threshold triggering a mandatory parliamentary debate.
Petition title: Retain legal right to assessment and support in education for children with SEND
Government response issued: 4 June 2025
🔗 Sign here:
https://petition.parliament.uk/petitions/711021
This petition highlights the strength of feeling among parents and professionals: the SEND framework may need improvement but its legal foundation must not be undermined.
The Path Forward: Reform Must Centre Families
The DfE’s narrative frames reform as a way to reduce conflict and improve early support. These are admirable goals—but they must not come at the cost of enforceable rights.
As a SEND advocate, I’ve supported families through every step of the process—from assessment requests to tribunal. I’ve seen how vital it is to have law, not policy, guiding the system.
What parents need is:
- Clarity
- Accountability
- Access to justice
- Support that matches need—not budgets
Until we see reform that protects these pillars, parents will continue to push back. And rightly so.
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