Ministers are set to clash with backbenchers over plans to scale down the legal rights of children with less severe special needs.

Currently, families of children with any kind of need are able to fight councils to obtain a legal document guaranteeing them expensive interventions.

A rise in diagnoses of milder cases of ADHD and autism has clogged up the system, meaning those with severe issues such as blindness are facing long waiting times.

However, Government sources say that in future, only those with the most profound needs will be able to take the legal route. 

All other cases will be dealt with at school level, with extra money being given to heads to lay on more special needs provision.

The plan, anticipated to be unveiled by Education Secretary Bridget Phillipson in an up-coming white paper, is likely to prompt a rebellion from backbench Labour MPs.

Today, Helen Hayes, Labour MP and chair of the Commons Education Select Committee, said: 'A primary challenge for the Government is the urgent need to rebuild the trust and confidence of parents and carers, which is currently broken. Our assessment is that any erosion of current rights and entitlements will simply undermine confidence further and that the Government should not therefore go down this route.’

Last year, Labour backbenchers forced a U-turn on cuts to the welfare budget, and experts have previously said special needs reform could suffer a similar fate. 

Ministers are set to clash with backbenchers over plans to scale down the legal rights of children with less severe special needs (pictured: Education Secretary Bridget Phillipson)

The plans, leaked by sources to The Times, come amid a crisis in the special educational needs and disabilities (Send) system, with many councils on the brink of financial collapse.

Spending by councils on Send has doubled to almost £13 billion since 2016 and is forecast to almost double again by 2031 without reform.

It is down to the number of pupils with Education, Health and Care Plans (EHCPs) almost doubling to 430,000 in the same period.

EHCPs are legal documents entitling the holder to guaranteed taxpayer-funded help, but were only intended for severe cases when they were introduced in 2014.

However, now children with more moderate needs are also on waiting lists to get them, because their parents do not feel support is available at their schools.

Under the new proposals, the legal rights granted to these parents over their child's support would be taken over by schools, which would deal with councils and the Government directly.

It is understood the white paper will say the system is unsustainable and forces parents to engage in lengthy legal processes for help.