What the latest EHCP data shows
The BBC has recently reported on data which show that the number of children and young people receiving special educational needs support has risen sharply, with the number of children and young people being provided with Education, Health and Care Plans (EHCPs) rising by 11.6% between January 2025 and January 2026. The number of children and young people with EHCPs is now over 538,000. Only children and young people with the most complex special educational needs, whose needs cannot ordinarily be met with the resources available in a maintained mainstream school, are provided with an EHCP, which means that there will be many more children receiving special educational provision who are not provided with EHCPs.
The legal test for issuing an EHCP has not changed
Whilst the Government are planning to introduce reform in coming years, with consultations regarding these reforms having closed in May, at the present time these reforms do not state that there will be a change in the legal test for when an EHCP will be issued. The current legal test states that a child or a young person should be provided with an EHCP if they require special educational provision that is necessary to be provided by way of an EHCP in that their special educational provision could not or would not be provided otherwise from the ordinarily available resources of a maintained mainstream school.
Our guide on how to get an EHCP sets out that process in more detail.
Why more children are struggling to access provision
From this data, and my practice, I consider that this data reflects increased difficulty in children and young people with special educational needs in accessing special educational provision in maintained mainstream schools nationally. The need for therapies such as speech and language therapy, occupational therapy and physiotherapy is far greater than the availability in many local areas, especially when that provision needs to be provided by the NHS. The resources of maintained mainstream schools are stretched, and there are not enough specialist educational placements for children who require them. This means that children whose special educational needs should be met within a specialist school are being placed in mainstream schools, further stretching the resources available to those mainstream schools.
EHCPs in mainstream schools and the shortage of specialist places
This is reflected in data which shows that the number of children and young people with EHCPs in mainstream schools has increased by 11.6%, with half of those provided with EHCPs now being educated in mainstream schools. What the data does not tell us is how many of those children and their families want their child or young person to be educated in a specialist placement but cannot because there is no capacity within local specialist schools, or their Local Authority is refusing to place the child in a specialist school. From my own practice, however, there are clearly many areas of the country where the number of spaces at specialist schools is far lower than the number of children who require those specialist placements.
Delays beyond the 20 week statutory deadline
Recent government data also shows that the number of EHCPs being issued beyond the 20 week statutory deadline has increased. This has been reflected in the enquiries that HCB Widdows Mason have received, with an increase in these delays clearly being caused by capacity issues with Local Authority educational psychologists. The number of children requiring an educational psychology assessment far outpaces the capacity of Local Authority educational psychologists. These delays are leading to more families having to challenge Local Authorities legally for failure to meet their statutory deadlines and, more significantly, results in delays to the children and young people receiving the support that they so desperately require.
Will inclusion hubs in mainstream schools help?
Whilst the government reforms have been touted as seeking to increase the specialist support that will be available in mainstream schools, with an increase in the number of inclusion hubs in mainstream schools being planned, how this specialist support will be provided for mainstream schools, who are already overstretched and underfunded, however, is unclear. Further, inclusion bases are not appropriate for many children with special educational needs who require a highly adapted sensory and physical environment, or may need to be taught by teachers who have specialist special educational needs training and knowledge. Families are also concerned that their child being placed in an inclusion base could lead to increased isolation compared to their peers who are not attending inclusion bases.
Why EHCPs and specialist placements are still needed
Whilst additional funding and resources being provided to mainstream schools will always be a positive step, this data and my practice reveals that the number of children requiring support above and beyond that which a maintained mainstream school can deliver is on the rise. There will always be a portion of children with EHCPs whose needs can never be met in a mainstream environment, even with additional funding and specialist input. This reflects the continued requirement for EHCPs, and specialist and non-mainstream school placements.
How our education law solicitors can help
If you consider that your child may require a special educational provision that cannot be provided without an EHCP, or if you are concerned that the Local Authority is not meeting the statutory deadlines to provide your child with an EHCP, please do not hesitate to contact our specialist SEN lawyers.
You can find the full range of support offered by our Education Law team on our website, or get in touch directly:
Tel: 0333 202 7175
Email: education@hcbgroup.com
