Reflections on 100 Days of Labour: Has the Labour Government done anything to fix the SEND Crisis?

When it came into office, Labour inherited a SEND system that was in crisis – increasing number of Disabled children and Young people missing school; increasing number of Disabled children and Young People being enrolled in special schools and alternative provisions; reports of abuse of Disabled children and Young People in special schools and alternative provisions; mainstream schools and local authorities clamouring for more resources; and parents forced into court to secure support for their children. All these issues needed their urgent attention.

The 13^th of October 2024 marked the end of Labour’s first 100 days in office. It was a good time to ask: Has the Labour Government done anything to fix the SEND Crisis? But before we answer this question, it may be helpful to first look at what was the Labour’s manifesto promise on the issue?

Labour’s Manifesto Promises

In its 2024 election manifesto, Labour pledged to “take a community-wide approach, improving inclusivity and expertise in mainstream schools, as well as ensuring special schools cater to those with the most complex needs.” However, there was no definition of what “a community-wide approach” or “inclusivity and expertise in mainstream schools” means. Labour also pledged to “make sure admissions decisions account for the needs of communities and require all schools to co-operate with their local authority on school admissions, SEND inclusion, and place planning.”

Restructuring of the Department for Education

On 10 July, the Department for Education (DfE) was restructured to place responsibility for SEND and AP under its Schools Group “[t]o ensure that improving inclusion in mainstream schools is the heart of our plans to improve opportunity for those children with SEND.” This means that responsibility for SEND and AP now sits with the school’s minister. This responsibility previously sat with the children and families minister.

The restructuring is meant to improve inclusivity in mainstream schools. It may result in the education of Disabled children and Young people being considered alongside the education of non-disabled children and Young people. However, there is no guarantee that this will result in the government making the necessary changes to ensure that Disabled children and Young people are fully included in mainstream schools.

The restructuring will not improve mainstream inclusivity unless the government also addresses the systemic injustice and discriminatory policies and practices working against inclusive education for all Disabled children and Young people. We are deeply concerned that the government appears not to be committed to going this far as there has been no indication that any changes will be made to the Children and Families Act 2014, which provides the legal framework for children labelled with special educational needs. Also, there has been no indication that the government will provide schools and local authorities additional resources, financial or otherwise, to ensure that Disabled children and Young people get all the support that they require in mainstream schools.  Nor has there been any indication that any measures will be taken to ensure that mainstream schools have accessible infrastructure and inclusive teaching practices.

Extra funding

Before the parliamentary summer recess, Labour announced “a new core schools budget grant to provide special and alternative provision schools with over £140 million of extra funding in this financial year.” The purpose of the extra funding was “to help with the extra costs of the teacher pay award and the outcome of the negotiations about increased pay for support staff as well.”

However, there was no extra budget grant announced for the high needs funding distributed to local authorities, schools and colleges to address the needs of Disabled children and Young people in mainstream educational settings. Nor was there any extra funding provided to schools and colleges that do not get the high needs funding.

Thus, no extra funding was provided for the support and accommodations required by Disabled children and Young people in mainstream educational settings. Yet, the lack of support and accommodations in mainstream setting has forced many Disabled children and Young people into special education, alternative provision, private schools, home schooling and out of the education system altogether. We believe that the government should have prioritised this to show its commitment to “improving inclusivity … in mainstream schools.”

Advanced British Standard scrapped

On 29 July, the Labour government scrapped plans to introduce a Advanced British Standard (ABS), a qualification that would have replaced A Levels and T Levels. The cancellation was due to budget constraints and to make room for funding other areas of the profession. ALLFIE sees this as a positive development. We were concerned that introducing the ABS would further marginalise Disabled pupils as it sought to increase the breath of the curriculum, to achieve better employment outcomes, without first addressing the systemic discrimination and social injustice in teaching and examination practices as well as the failure to provide support and accommodations for Disabled children and Young people in schools and colleges. These issues still need to be addressed regardless of the fact the plans to introduce the ABS were set aside.

New Ofsted inspection framework

In September, the government and Ofsted announced that it will be introducing a new inspection framework that will have “inclusion” as a “new criteria.” These changes will be introduced in September 2025, subject to consultation.

According to a Schools Week report, Ofsted said that its inspectors will evaluate the quality of schools’ support for “children and young people with vulnerabilities such as socio-economic disadvantage and SEND” and “grade down” those “that refused to take children with SEND or off-rolled them.”

Sir Martyn Oliver, Ofsted’s chief inspector, told Schools Week that Ofsted will celebrate and champion the work of schools that “take on” children with complex needs and “do good work for them” and “grade down” schools that refuse or off-roll children with ‘complex needs’.

In relation to the new inspection framework, the Minister for School Standards, Catherine McKinnell, has said that DfE wants “every school to be driving to be as inclusive as it can be, so that mainstream provision is provided for as many children as possible.”

Ofsted has not set out exactly what metrics it would judge inclusion on. However, Ofsted awarded the National Children’s Bureau (NCB) charity a £90,000 seven-month contract to help it “conceptualise vulnerability and inclusion.” The NCB will undertake a literature review and hold consultations certain stakeholders – pupils, professionals and senior leaders across sectors including education – to help Ofsted “better understand vulnerability and its complexity” according to the terms of reference.

Matt Keer has highlighted several concerns with the proposed inspection framework. These concerns include how the framework will measure the murky nature of the concept of inclusion – that is, it can be difficult to understand and apply in practice – and covert practices used to refuse Disabled children and Young people from schools. In addition to these concerns, we also have at least three concerns of our own.

Our first concern is that the aim of the research being undertaken by the NCB. A better understanding of “vulnerability and its complexity” does not necessary lead to a better understanding of inclusion and its complexity. This means that even if the study achieves its aim, it will not necessarily lead to an inspection framework that is capable of measuring ‘inclusion’ in schools.

Our second concern is that different approaches will be taken to inspecting special schools. This is a concern because Ofsted has said that in future its frameworks will be “tailored to the types of providers we inspect.” Ofsted has not yet clarified what the differences will be between the frameworks. However, there is a risk that there will be less emphasis on inclusion, learning and educational outcomes for Disabled children and Young people in special schools, as is the current practice. Taking such an approach will only reinforce longstanding prejudices and social injustices against Disabled children and Young people in special school.

Our third concern is that this change process has begun and continues with very little, if any, involvement of Disabled People’s Organisations (DPOs). This has excluded the voice of Disabled people from the conversation. Yet, Disabled people have lived experience of segregated and inclusive education which can help shape the development of an inspection framework that better measures “inclusion” in schools.

Free Breakfast Clubs for all Primary Schools

The government is also planning to introduce a Children’s Wellbeing Bill that will extend free breakfast clubs to all primary schools in England next year. It has not yet provided details of what model of provision would be adopted. ALLFIE is however concerned that a food-only model would fail to cater for Disabled children and Young people whose requirements remain unmet in schools due to lack of staff, resourcing and failure to make reasonable adjustments.

Curriculum and Assessment Review

On 19 July 2024, the Department for Education launched a Curriculum and Assessment Review. The press release states that:

“The review will look closely at the key challenges to attainment for Young people, and the barriers which hold children back from the opportunities and life chances they deserve – in particular those who are socioeconomically disadvantaged, or with special educational needs or disabilities (SEND).”

It is not clear what this means but ALLFIE expects that the government will take this opportunity to review and address all the systemic injustices of the existing curriculum and assessment system. In particular, the government should develop and implement a more dynamic curriculum and assessment system that achieves just and equitable outcomes for all children and Young people.

20% VAT on Private Schools

The Labour government plans to introduce a 20% VAT rate on private school fees from January 2025 and use this money to invest in state schools. Rachel Filmer highlighted the likely impact of this new policy such as Disabled children and Young people moving to mainstream schools. ALLFIE believes that parents should be confident that mainstream schools can provide adequate support for Disabled children and Young people. Therefore, we urge government to direct resources towards ensuring adequate support and resources for Disabled children and Young people in mainstream schools, making the system better for those who move from private schools and those who are already in mainstream schools. The goal should be for all Disabled children and Young people to pupils/students alongside their non-disabled peers in mainstream schools.

Please note that this article was written before the Chancellor delivered the Autum 2024 budget. You can find ALLFIE’s review of the budget here.

Conclusion

In conclusion, Labour has made very little progress towards addressing the SEND crisis in its first 100 days in office. Despite commitments to inclusivity, no new resources have been channelled to local authorities and mainstream schools, leaving gaps in support and accessibility for Disabled students. Although restructuring the Department for Education and scrapping the Advanced British Standard (ABS) signal a willingness to make positive changes, the absence of comprehensive funding and support frameworks limits the immediate impact of these efforts. Additionally, the new Ofsted inspection framework and Curriculum and Assessment Review represent future potential for inclusivity but lack clear, actionable metrics.

To fulfil Labour’s pledges of inclusive and equitable education, sustained focus on practical, funded solutions in mainstream settings is essential. Through meaningful collaboration with Disabled People’s Organisations (DPOs) and clear accountability measures, Labour can move closer to a truly inclusive educational landscape, where all Disabled children and Young people have equal opportunities to learn alongside their peers.

Recommendations

• Develop new legislation to secure inclusive education in mainstream settings for Disabled students, including requirements for accommodations, anti-discrimination policies, and penalties for non-compliance.
• Develop plans to phase out special schools and alternative provisions with a goal to ensure inclusive education in mainstream settings for all Disabled people.
• Provide a dedicated budget for inclusive education in mainstream schools, ensuring these funds are channelled towards making infrastructure accessible as well as providing adequate support and accommodations.
• Ensure free breakfast clubs are inclusive and accessible, meeting the needs of every child and Young person.