I saw a post by Michael Charles on fbk saying that when reading the send reforms alongside the children's wellbeing bill, parents are losing their right to provide an education with the state being able to step in for the first time and say no even where a suitable education is provided. I'll copy and paste the post below direct from his fbk pagr as mych as i can try i won't be abke to convey what he has put anywhere near as well :-
"THE SEND REFORM AND CHILDREN BILL SEND THE SAME MESSAGE
It is impossible to read the proposed SEND “Specialist Provision Packages” from the Department for Education alongside the Children’s Wellbeing and Schools Bill without seeing a clear pattern emerging.
In both, the state is moving decisively towards telling parents what is “best” for their children even where parents are already meeting the legal threshold.
For over 150 years, English education law has rested on a simple but powerful principle.. parents have the primary duty to educate their children. Section 7 of the Education Act 1996 makes that explicit. Parents must provide efficient, full-time education suitable to the child’s age, ability and any special educational needs either at school or otherwise. Provided that threshold of suitability is met, the state cannot insist on a different route simply because it prefers it.
The Children’s Wellbeing Bill seeks to dilute that foundation for home-educating families by introducing a “best interests” override. Even where education is agreed to be suitable, the local authority will be empowered, in defined circumstances, to say: we think school would be better.
That is a dramatic shift from “good enough” to “we know best”.
At the same time, in the SEND reforms, we see a parallel shift. The Children and Families Act 2014 established a needs-led system. EHCPs are supposed to identify the individual child’s needs and specify the provision required to meet them.
The architecture is individual, not categorical. That is reinforced by the Equality Act 2010, which requires individual reasonable adjustments.
Equality law does not operate by menu.Yet the new SEND proposals introduce centrally designed “packages” that will “underpin” EHCPs. However they are described, once packages underpin plans, the system inevitably begins to revolve around them. Funding models align to them. Commissioning aligns to them. Expectations align to them.
The practical question subtly shifts from “What does this child need?” to “Which package does this child fit into?”
That is nothing less than philosophical realignment. The courts have long understood that children are not interchangeable. Under the Children Act 1989, a child’s welfare is paramount and their wishes and feelings must be considered.
In Re S (A Minor) (Independent Representation) [1993] 2 FLR 437, Sir Thomas Bingham MR reminded us that children are human beings in their own right, with individual minds and wills deserving serious attention. That judicial recognition of individuality sits uneasily with policy models that cluster children into administratively convenient bundles.
Over years of practice, one lesson stands out, rarely are two children the same, even where the diagnostic label is identical. Autism does not present uniformly. Executive function difficulties vary widely. Trauma affects children differently depending on timing, attachment and environment.
Modern neuroscience confirms what practitioners and parents already know developmental profiles are diverse, overlapping and highly individual.
Against that backdrop, redefining disability through standardised packages risks flattening complexity into something manageable on paper but inadequate in reality.
When combined with proposals that allow the state to override parental preference even where education is suitable, the direction of travel becomes clear. The language of “best interests” and “packages” may appear benign, but together they point towards a system in which officials, rather than families, increasingly determine both what education looks like and what disability requires.
That, to my mind,is not putting children first. It is centralising control.
Parents are not infallible. No one claims they are. But for over a century and a half, our law has struck a careful balance. The state intervenes where education is not suitable, or where a child is unsafe not simply because it believes it can design something better.
We are now being asked to accept a model in which “better”, as defined by the authority, can displace “suitable”, as delivered by the family, and in which disability is organised into preset frameworks that risk constraining individual entitlement.
I cannot accept that direction. Children are not standard units. Disability is not a tariff. Parenthood is not a privilege granted at the discretion of the state.
So I say this... No to replacing individuality with packages. No to redefining suitability as state preference. No to the quiet erosion of rights under the banner of reform.
No, no, no."