The government has not yet made a decision on future changes to education, health and care plans and is not looking to end “effective provision” for pupils with special educational needs and disabilities (SEND), a minister has told MPs.

Schools minister Catherine McKinnell faced MPs’ questions today in the final session of the Commons Education Select Committee’s inquiry into solving the SEND crisis.

Tes previously revealed that, as part of the government’s ongoing reforms of the SEND system, it is considering whether education, health and care plans (EHCPs) are “the right vehicle” to continue with.

A White Paper setting out planned SEND reforms is expected to be published in the autumn.

Here are six key things that Ms McKinnell and Alison Ismail, the Department for Education’s director of SEND, told MPs today.

1. DfE not looking to end ‘effective’ SEND provision

Ms McKinnell told the committee that the government was yet to decide on changes to EHCPs.

The government has said it believes more pupils could be educated within mainstream schools.

Tes revealed in May that the government is considering the future of EHCPs - a system of statutory support for pupils that was created in 2014.

Ms McKinnell said today: “We have been clear that we will avoid removing effective provision, that is evidence-based and is working and delivering for children and young people.”

Select committee member and former education secretary James Cleverly asked if this meant that the government was not guaranteeing a continuity of provision.

“You’re saying where it’s good quality it will continue but you’re not giving a 100 per cent guarantee of continuity of provision?” he asked.

Ms McKinnell responded by repeating her comment that the government was not going to remove effective provision.

2. SEND tribunals under consideration

The role of SEND tribunals is set to be considered by the government as part of its ongoing reforms, MPs were told.

Ms Ismail said the tribunal was a “hugely important part of the redress system that we will maintain”, but added: “I expect us to look at that in the round as part of our White Paper proposals”.

Ms McKinnell said: “Fundamentally we want to create a less adversarial system. We want to prevent parents from having to seek legal redress to get their child’s education. That should never be the case but I recognise for a small proportion of parents that is the reality.”

She told MPs that “effective mediation” can reduce the number of tribunals, and said this approach was “underused and underutilised”.

“We recognise that there is still a role for the tribunal where duties are not being delivered on; that this redress is still available. We will set out more details about how this will work in the White Paper,” Ms McKinnell said.

The latest government data shows the highest-ever number of appeals were made to the SEND tribunal in the final quarter of 2024-25.

3. New medical guidance for schools

New guidance will be published later this year setting out the roles of school staff in providing healthcare, amid concerns that unqualified school staff are being expected to deliver medical support.

Education select committee chair Helen Hayes warned that the current SEND Code of Practice and government guidance does not address the question of “ the delegation of medical support” to school staff.

She added: “This is a situation that potentially leaves both pupils and school staff extremely exposed because there are unqualified staff delivering medical support in school settings, and that is a situation that is unacceptable.”

In response, Ms McKinnell said that non-statutory guidance was being produced with the Department of Health and Social Care and NHS England “to clarify roles and responsibilities”.

4. Ofsted’s new inspections will incentivise schools on SEND training

The schools minister suggested that Ofsted’s new focus on inclusion in inspections will mean schools will want to ensure that staff are well-trained to support pupils with SEND.

Labour MP Darren Paffey asked Ms McKinnell if she would consider making SEND-related CPD training mandatory for all staff.

In response, the minister said that the new focus on inclusion in mainstream schools in Ofsted’s proposed inspection framework would mean “schools will want to ensure they have the best training and the best support available for their workforce to deliver that”.

Inclusion is one of the new inspection areas that Ofsted is planning to inspect schools on under its new report card inspection system.

These inspections are set to launch in November, but as Tes revealed last month, the publication of the final inspection plans has been delayed until after the summer.

Tes revealed last year that Ofsted inspections are set to focus on inclusion.

5. Shortage of specialist places

MPs were told that DfE data shows there is a shortage of specialist places in the school system “pretty much across the piece”.

Ms Ismail said this was the case in both areas that have lots of special schools and in areas where more pupils have been supported in mainstream schools.

She said there has been an overwhelming growth in the number of autistic pupils and pupils with speech, language and communication needs, and social, emotional and mental health needs.

She said in these growth areas, the DfE wants to be able to do more to support children to stay in their local school where possible.

6. DfE asked for answers on the impact of free school meal changes

The education select committee chair asked the DfE to provide a written answer after questions were raised about the impact of changes to free school meals (FSM) provision.

Tes revealed today that the DfE does not know how many children who currently receive FSM will lose out under planned eligibility changes.

Under Labour government plans, free school meal eligibility will be expanded to all children in households that receive universal credit. But the DfE also announced that existing transitional protections - established in 2018 to ensure that pupils who gained FSM eligibility would not lose it while universal credit was adopted - are set to end in September next year, to coincide with the introduction of the expanded eligibility criteria.

Conservative MP Dr Caroline Johnson asked how many children who currently receive FSM as a result of these protections will lose out as a result of the changes, and how many have SEND.

In response, Ms McKinnell suggested that “no children will be impacted by the expansion of free school meals because it’s an expansion.”

Dr Johnson queried whether the schools minister was saying that no pupils would stop receiving FSM as a result of the change, and Ms Hayes suggested that the DfE could write to the committee with details on this question.

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