“There is growing concern among parents and charities about the Government’s proposed SEND reforms, including the potential weakening of the SEND Tribunal.
Ministers have yet to clarify whether they will seek to remove its power to hear extended appeals covering health and social care — a vital route for families to challenge decisions and hold local authorities to account.
These powers provide the only joined-up pathway for children with, or needing, EHCPs to have their full needs properly considered. They promote a holistic, person-centred approach and encourage collaboration across education, health and social care — delivering real benefits for young people and their families.
Like many in the sector, we are clear: these powers must not be scrapped. The Government must urgently set out its intentions so families understand what’s at stake. We are pleased to sign IPSEA’s letter (below) which asks the Government to fully set out its intentions so that we can properly understand its position”.
– Jess Camburn-Rahmani, Cerebra Chief Executive
Read IPSEA letter to:
Rt Hon Bridget Phillipson MP – Secretary of State for Education
Rt Hon Wes Streeting MP – Secretary of State for Health and Social Care
Dear Secretaries of State,
Extended Appeals to the SEND Tribunal and SEND Reform proposals
The First-tier Tribunal (Special Educational Needs and Disability) (SEND) (‘the Tribunal’) has extended powers to make non-binding recommendations about health and social care in all SEN appeals bar refusal to assess appeals (1). With these powers, the Tribunal represents a single route of redress for children and young people with SEND who also have health and social care needs. These recommendations are of real value; there is an expectation they will be followed, and if they are not (in whole or part), cogent reasons must be given.
The Government is seeking views on its proposed changes to the current legal framework via the ‘SEND Reform: Putting Children and Young People First’ consultation, which ends on 18 May 2026. The consultation overview webpage states the consultation document
‘explains the changes we plan to make’ (2).
It appears the Specialist Provision Packages the Government is proposing may set out standardised interventions that include health and social care as well as education (3). The consultation confirms that health care and social care provision would still be specified in
EHC plans, albeit that personalised special educational provision would not.
The consultation sets out various powers it proposes the Tribunal would have following legislative change, yet no reference is given as to whether the Government is proposing to retain, amend or remove the power of the Tribunal to hear or make recommendations about health or social care.
We also note that the Education Select Committee recommended in September 2025 that the Tribunal be given extended powers to issue binding health recommendations, including the introduction of a statutory duty on health services to respond to Tribunal decisions within a defined timeframe, with clear consequences for non-compliance (4). Again, there is no reference to this in the consultation document.
Please would the Government urgently clarify its position in respect of the extended powers of the Tribunal, and explain in detail what any proposed changes are, if applicable. If the Government is intending to include health and social care as part of the Specialist Provision
Packages, please could you also explain how the Government anticipates this would work.
We would appreciate an urgent reply to ensure respondents have sufficient time to provide their views before the consultation closes.
Signed:
Madeleine Cassidy – Chief Executive, IPSEA
Jolanta Lasota – Chief Executive, Ambitious About Autism
Jess Camburn-Rahmani – Chief Executive, Cerebra
Anna Bird – Chief Executive, Contact / Chair, Disabled Children’s Partnership
Katie Ghose – Chief Executive, Kids
Richard Orchard-Rowe – Chief Executive, SOS!SEN
(1) The Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017
(2) https://consult.education.gov.uk/send-strategy-division/send-reform-putting-children-and-youngpeople-firs/
(3) https://apply-for-public-appointment.service.gov.uk/roles/9251
(4) https://committees.parliament.uk/publications/49536/documents/265373/default/
