Overhauling the UK Education System: Time to Prioritise Inclusion Over Litigation

By Scarlett Red

The UK education system is facing a growing crisis. One that disproportionately affects children with Special Educational Needs (SEN). Despite government rhetoric about inclusivity, the reality on the ground tells a very different story. Our education system is not just outdated; it is actively failing some of the most vulnerable children.

According to the Department for Education, as of 2024, there are over 1.7 million pupils in England identified with SEN—around 14.2% of the school population. Within that, over 483,000 pupils have an Education, Health and Care Plan (EHCP), a legal document outlining their entitlement to specialist support. Yet, thousands of parents every year are forced to go to tribunal just to access the support their children are legally entitled to.

A 2023 report by the Local Government Association (LGA) estimated councils face a £5 billion SEND budget deficit by 2026. Meanwhile, councils are spending more than £60 million a year fighting families at tribunals—legal proceedings which councils lose in over 96% of cases. That means councils are knowingly forcing parents into expensive, emotionally draining processes they are unlikely to win, rather than directing that money into support and placements that would help children thrive.

This adversarial, reactive system has become the norm, not the exception. Parents of children with autism, ADHD, dyslexia, and rare genetic or neurological conditions are being made to jump through hoops, provide costly assessments, and ‘prove’ their child’s needs again and again, while the system bends over backward to deny access. It is a system built not for inclusion, but for obstruction.

We need a radical overhaul of this approach:

Proactive Funding: Invest directly in inclusive and specialist education provisions instead of diverting money to legal defences.

Independent Panels: EHCP decisions should be made by truly independent experts, not local authorities with vested financial interests.

Mandated Accountability: When councils lose tribunals, they should face accountability, not just write-offs.

National Inclusion Strategy: Led by those with lived experience—disabled people, parents, SEN teachers—to advise on real reform.

Mainstream Overhaul: If specialist placements remain underfunded, then mainstream schools must be redesigned to provide inclusive environments with sensory support, quiet spaces, trained SEN staff, and accessible facilities for all learners.

Education should never be a battlefield. Every child deserves to feel safe, supported and included in their learning environment. That begins with listening to families, reforming policy, and ensuring that our schools are equipped to meet diverse needs—not punish them.

It’s time to end the postcode lottery. It’s time to stop spending public money gatekeeping education access. It’s time to build an education system fit for every learner, not just those who fit the mould.