Consultation Response
Realising Rights in Practice: A Human Rights Response to SEND Reform
The UK’s Department for Education published an open consultation in February 2026 proposing reforms to the system that supports children and young people with special educational needs and disabilities (SEND). BIHR submitted a co-produced response to the consultation, highlighting the importance of a human rights-based approach.
What did BIHR say?
Our consultation response recommends that the UK Government:
We are working to co-produce an Easy Read version of our consultation response, which we hope to share very soon.
1. Focuses on resourcing the current system.
Children, young people and families need their human rights to be real, not more complexity or paperwork. SEND reforms must be grounded in the rights and duties of the Human Rights Act (HRA).
2. Ensures the consultation process is fair and lawful.
The proposals have wide-ranging implications for legally protected human rights, and the reform process must genuinely support meaningful engagement.
3. Secures robust routes for families to challenge decisions.
We want the system to work well, but it is crucial that effective safeguards are available, providing families with fair and independent ways to speak up if they disagree with decisions.
4. Avoids creating a one-size-fits-all approach to SEND support.
Children and young people with SEND should get the support that’s right for them as individuals, rather than being grouped by standardised criteria and packages of support.
5. Supports people to be involved in decisions about their lives.
Children, young people, and families should be listened to when decisions are being made about support, and resources should not be prioritised over legally protected rights.
6. Equips schools with funding and support to realise rights.
Public authorities across the SEND system face extreme pressures already. The consequences of not getting the right support at the right time can have a long-term negative impact on children and young people.
Amplifying lived experience
Our response to this consultation combines BIHR’s legal and practice expertise on the Human Rights Act with the perspectives of members of our RITES Committee (standing for real-life insights, tips, experiences and stories). The RITES Committee is made up of Lived Experience Experts who have used our Human Rights Act to achieve change – for themselves, the people they work with or their loved ones. Members who contributed to this response all have experience of navigating the structures, processes, and systems that the UK Government is seeking to reform, either for themselves or people they support.
Thank you to our RITES Committee members whose valuable insights have guided and added to our consultation response.
Karen Torres, Advocacy, Research and Campaigns Manager at IRMO (Indoamerican Refugee and Migrant Organisation) also contributed to this response, who works with BIHR on our London Communities Human Rights Programme.
How are human rights involved?
The UK’s Human Rights Act protects 16 fundamental rights, and places legal duties on public authorities to respect, protect, and fulfil those rights. In the SEND system, local authorities, schools run or funded by local authorities, governments, and tribunals must follow the Human Rights Act, and apply other SEND laws in a way that supports human rights as far as possible.
Human rights that may be particularly relevant for children with SEND and their families include:
Next steps and more information
BIHR will be following the process of SEND reform closely and adding insights from a human rights perspective.
We have produced a blog series about human rights and SEND, with articles spanning a wide range of issues and relevant rights.
If you work for a public authority or you are part of a community group that supports children, young people and families, and you would like to know more about human rights in SEND support, BIHR can provide support to boost knowledge and confidence in the Human Rights Act so it can be used to ensure people are treated with dignity, respect and fairness.