📣 1. What Is Happening?
On 23 February 2026, the government published a document called “Every Child Achieving and Thriving”. This is a Schools White Paper. It sets out big changes to how children with SEND (Special Educational Needs and Disabilities) get support in England.
At the same time, the government published a consultation called “SEND Reform: Putting Children and Young People First”. A consultation means the government is asking for your views before making the changes into law.
A White Paper is a government document that sets out plans for future changes. It is not yet law. The ideas in it still need to go through Parliament before they become law. This means there is time to have your say and things may change.
The main goals of the reforms are:
- Earlier help — so children get support sooner, without waiting for a diagnosis or an EHCP
- More support in mainstream schools — so every school can help children with SEND
- Less of a “postcode lottery” — so support is more consistent across the country
- A new type of support plan called an Individual Support Plan (ISP)
Why is the government doing this?
To be fair to the government, the current SEND system is genuinely broken. The numbers are stark:
Over 1 million children with SEND currently have no legally enforceable rights at all — only the 638,700 with EHCPs have legal protections. The government says ISPs would extend statutory support to everyone for the first time.
The National Audit Office, the Institute for Fiscal Studies, the Public Accounts Committee, and the Local Government Association have all independently described the current system as financially unsustainable.
So the need for reform is real. The question — and this is where the disagreement lies — is whether the proposed solution actually fixes the problem, or whether it risks replacing a broken system with one that fails more quietly.
Sources: gov.uk — Every Child Achieving and Thriving | DfE — EHCP Statistics 2025 | MoJ — Tribunal Statistics 2025 | NAO — SEND system financially unsustainable
✅ 2. What Stays the Same
The publication of a White Paper does not change existing SEND law. The Children and Families Act 2014 is still the law. Your child’s EHCP is still legally binding. Your local authority must still deliver the support it promises.
Right now, nothing has changed. Here is what stays the same:
- EHCPs are still legally binding — your local authority must provide what is written in your child’s EHCP
- You can still request an EHC needs assessment at any time
- You can still appeal to the SEND Tribunal if you disagree with a decision
- The 20-week time limit for completing an EHC needs assessment still applies
- Your right to choose a school (including a special school) still applies
- Annual reviews of EHCPs must still happen
If a school or local authority tells you that support has changed because of the White Paper, this is not correct. The White Paper is a set of plans. It is not law yet. Your existing rights are fully protected.
Source: Contact — The schools white paper & SEND reforms
📊 3. The New Four-Level System
The government wants to create a system with four levels of support. The idea is that children get help early, before problems get bigger.
Children could move between these levels as their needs change. The goal is for more children to get help at the Targeted and Targeted Plus levels, so fewer children need to go through the long EHCP process to get support.
Source: Education Hub — What parents need to know about changes to the SEND system
📋 4. Individual Support Plans (ISPs)
One of the biggest changes is a new document called an Individual Support Plan (ISP).
What is an ISP?
An ISP is a digital record that says:
- What barriers your child faces in learning
- What support they are getting day to day
- How that support is being delivered
Schools, nurseries, and colleges would have a new legal duty to create an ISP for every child with SEND who is receiving Targeted or Specialist support. ISPs would be created together with parents.
How is an ISP different from an EHCP?
EHCP: Children needing Specialist Provision Packages (the most complex needs)
EHCP: The local authority, after a formal assessment
EHCP: Yes — the local authority must deliver what is written in it
EHCP: Yes — you can appeal to the SEND Tribunal
EHCP: Currently paper-based, moving to digital
The charity Contact has pointed out that while schools would have a legal duty to create an ISP, there is no proposed legal duty for schools to deliver the support written in the ISP. This is a big concern for families. It means a plan could exist on paper, but there may be no legal way to make sure the school follows it.
This is something you can raise in the consultation.
What does this mean in practice?
Let’s say your child’s ISP says they need 2 hours of speech therapy per week. The school says: “We agree, but we can’t afford it.”
Under the current system with an EHCP, you have a clear path: you go to the SEND Tribunal, an independent court that specialises in these cases. The tribunal can order the local authority to provide the support. Families win 99% of these cases.
Under the proposed system with an ISP, what do you do? The White Paper suggests you would go through the school’s own complaints process, or ask the local authority to review. There is no proposed right to take an ISP dispute to the independent tribunal.
That is the difference between a legal right and a policy aspiration. One has teeth. The other is a hope.
Who is responsible for your child’s support?
There is another change that is easy to miss but matters enormously:
This shift in responsibility is one of the things that concerns education lawyers the most. Enable Law has noted that without a statutory enforcement framework, “there is considerable doubt about how disputes will be resolved.”
Sources: gov.uk — SEND Reform consultation | Contact — SEND reforms | Enable Law — What the White Paper means for SEND provision
📄 5. What Happens to EHCPs
EHCPs are not being scrapped. The government says EHCPs will continue for children who need “Specialist Provision Packages” — the highest level of support.
The government has said that all existing EHCPs and the protections they give will stay in place until at least September 2030. No changes to your child’s support will happen before that date.
Who keeps an EHCP?
- Children in special schools — the government says “no child will be asked to leave a special school”
- Children who need a Specialist Provision Package (the most complex needs)
- Children who will receive a new, improved digital EHCP under the new system
Who might move from an EHCP to an ISP?
- This would only happen after September 2029, at natural transition points (moving from primary to secondary, or secondary to post-16)
- Only children aged 7 or younger today could potentially move to ISP-only support in around three years
- All other children keep their existing EHCP until at least age 16
- There will be a fast-track route for children under 5 with complex needs
Sources: Education Hub — SEND changes for parents | gov.uk — SEND Reform consultation
⚖️ 6. What Changes to Your Legal Rights
This is the section that matters most — and the one the government talks about least. The reforms propose three specific changes to how families can challenge decisions about their child’s support.
Change 1: ISP disputes cannot go to tribunal
Currently, if your child has an EHCP and the local authority is not delivering the support it promises, you can appeal to the SEND Tribunal — an independent, specialist court. It is free to use, and families win 99% of cases.
Under the proposed reforms, children on ISPs (the Targeted and Targeted Plus levels) would not have access to the tribunal. Disagreements about ISP content or delivery would be resolved through:
- The school’s own complaints process
- Local authority review mechanisms
- Mediation
None of these provide the same independence as a tribunal. A school complaints process is the school investigating itself. Education law solicitors have described this as a shift “from independent legal challenge toward locally managed resolution mechanisms.”
Change 2: The tribunal loses the power to name a school
Currently, if you disagree with the school named in your child’s EHCP, you can ask the tribunal to name a different school — and the tribunal has the power to do that.
Under the proposed reforms, the tribunal would only be able to tell the local authority to “reconsider” its decision. It could not order a specific school. The local authority could then… make the same decision again.
Legal commentators predict this will push disputes into judicial review (the High Court) — which is slower, more expensive, and far less accessible than the tribunal. Over 60% of current SEND appeals involve placement, so this affects the majority of families who go to tribunal.
Change 3: “School is full” becomes a stronger reason to say no
The government proposes changing the law so that local authorities would not be required to name a school in an EHCP if that school is already full. Currently, the law balances your child’s needs against practical considerations. The reform tips that balance toward the school.
Families currently win 99% of tribunal cases. That means local authorities are making the wrong decision 99 times out of 100. The government’s response to this is not to fix local authority decision-making. It is to reduce families’ ability to challenge those decisions.
Think about what that means. If a hospital lost 99% of malpractice cases, would the right response be to close the court — or to fix the hospital?
Sources: Education Law Advice — Legal implications of EHCP reforms | Enable Law — What the White Paper means for SEND | MoJ — Tribunal Statistics 2025
📅 7. Timeline — When Does This Happen?
These reforms will take several years to come into effect. Here is the timeline as we understand it:
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1
Now — Consultation periodThe government is asking for your views. You can respond to the consultation online.Closes 18 May 2026
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2
After the consultationThe government will read all responses and decide what to take forward. Any changes to the law will need to go through Parliament.Late 2026 onwards
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3
National Inclusion Standards publishedNew evidence-based standards that say what support every mainstream school, nursery, and college must offer. An expert panel will develop these.Expected by 2028
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4
New system assessments beginChildren at transition points (end of primary, secondary, or post-16) are assessed under the new system.From September 2029
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5
Changes to existing EHCPs startChildren with existing EHCPs may move to the new system at natural transition points. No changes before this date.No earlier than September 2030
Sources: gov.uk — SEND Reform consultation | Mills Reeve — SEND reforms 2026: What’s changing?
💰 8. Funding & What Schools Get
The government has announced significant new funding for SEND:
In total, the government says there will be £7 billion more for SEND support in 2028–29 compared to 2025–26.
What about council debts?
Many councils have built up large debts because SEND costs more than the money they receive. The total deficit is estimated at around £5 billion. The government has announced it will cover 90% of eligible DSG deficits (debts built up by 31 March 2026) through a new High Needs Stability Grant. Councils must pay the remaining 10%. To receive this, councils must submit an approved local SEND reform plan. Payments begin in autumn 2026.
Sources: gov.uk — Specialist SEND support in every school and community | gov.uk — DSG deficits
🏫 9. What Is Changing in Schools
Inclusion Bases
The government wants to create Inclusion Bases in mainstream schools. These are dedicated spaces where children can get:
- Small-group teaching (reading, writing, maths)
- Adapted curriculum support
- Personal care help
- Sensory support
The goal is for every secondary school to have one, with similar provision for primary-age children.
Inclusion Strategies
Schools will have to publish an Inclusion Strategy by 31 December 2026. This must show how the school delivers support at each of the four levels and how it spends its SEND funding. Ofsted will inspect how well schools deliver on inclusion.
SENCO qualification changes
The SENCO role in schools is being strengthened. From 1 September 2024, the old National Award in SEN Coordination (NASENCO) was replaced with a new leadership-level National Professional Qualification (NPQ). New SENCOs must complete this within 3 years of starting the role. SENCOs who already have the NASENCO do not need to redo it.
The Children’s Wellbeing and Schools Bill
A separate piece of legislation — the Children’s Wellbeing and Schools Bill — was introduced to Parliament in December 2024 and is currently progressing through the House of Lords. This bill includes:
- A register of children not in school — local authorities must keep a record of every child not registered at a school
- Academies must follow the National Curriculum
- All teachers in academies must have or be working towards Qualified Teacher Status
- Free breakfast clubs in all state primary schools (accessibility for SEND children has been highlighted as important)
Sources: Education Hub — SEND changes | gov.uk — SENCO NPQ | parliament.uk — Children’s Wellbeing and Schools Bill
👥 10. Who Does This Affect?
The SEND reforms debate is often presented as one argument. It is not. There are different groups of families, and they see the reforms very differently.
638,700 children
Over 1 million children
What families on SEN Support are actually saying
The debate is overwhelmingly dominated by EHCP families and the charities that represent them. But when SEN Support families do speak, they are not celebrating — they are cautiously sceptical.
- Many were refused an EHCP. They fought the system and lost. Now the government is saying “you don’t need one.” Their response: “We’ve heard promises before.”
- The Autistic Girls Network captured the concern: “If the school is the provider, the assessor, and the first point of appeal, the checks and balances are effectively dismantled.”
- Parents in the government’s own National Conversation (8,000+ participants) said: “Parents should be treated as equal partners and experts in their child, not as obstacles to manage.”
What some do welcome (conditionally):
- The principle that every child with SEND gets a statutory plan — not just those who won the EHCP “lottery”
- Experts at Hand — access to speech therapists, educational psychologists, and OTs without needing an EHCP
- No diagnosis required — support based on what your child needs, not what paperwork you have
But every positive voice adds the same caveat: “only if ISPs are genuinely enforceable.”
Sources: Autistic Girls Network — Watershed moment or more invisible children? | Sense — Nearly half of parents fear losing support | gov.uk — National Conversation on SEND
💬 11. The Honest Picture
We believe you deserve the full picture. Here is what the government says, what charities and lawyers say, and what the evidence tells us.
What the government says vs what’s actually happening
What charities and lawyers are saying
IPSEA (the leading SEND law charity) has said the reforms would have an “overwhelmingly negative impact on children and young people with SEND.” Their CEO has brought a judicial review against the consultation itself, arguing it is unfair because the consultation document does not ask any specific questions about the two biggest proposed changes: reducing tribunal powers and shifting legal duties from local authorities to schools.
During the legal proceedings, the government initially admitted that key decisions about tribunal powers had already been made before the consultation opened. The government later retracted that position, but never amended the consultation document to include questions on these topics.
Contact (together with over 100 charities in the Disabled Children’s Partnership) published the “Fight For Ordinary” report. They want a legal guarantee of support for every child with SEND — including those without an EHCP. Their position is clear: “The government must not dilute existing rights and protections or restrict EHCPs for those who continue to need them.”
Leading education lawyers — including specialists from IPSEA, Irwin Mitchell, and other SEND law firms — have warned that the reforms will “dismantle rights” by replacing individualised legal protections with a one-size-fits-all approach. They note that removing the tribunal’s power to name a school will push families into judicial review at the High Court — which is slower, more expensive, and far less accessible.
What is genuinely positive
It would be unfair not to acknowledge what the reforms get right:
- £4 billion in additional funding is real and significant — including £1.6 billion directly to schools
- Earlier help without needing an EHCP could reduce the agonising wait many families experience
- “Experts at Hand” (speech therapists, educational psychologists, occupational therapists) available through schools is exactly what parents have been asking for
- Teacher training on SEND for all teachers, not just SENCOs, is long overdue
- 60,000 new specialist places addresses a real shortage
- Government absorbing £5.6 billion of council SEND debt prevents some councils from going bankrupt
The concept of ISPs is also sound in principle. A quicker, digital, school-based plan that does not require a 20-week assessment could genuinely help children get support faster. The problem is not the idea — it is the gap where the enforcement mechanism should be.
What teachers and SENCOs are saying
The people who will actually have to deliver ISPs are deeply concerned about whether schools have the capacity to do it.
The NASUWT teaching union described the £1.6 billion Inclusive Mainstream Fund as “barely a drop in the bucket” — it works out to roughly one part-time teaching assistant for an average primary school. General Secretary Matt Wrack said calling this an overhaul of SEND provision was “absolutely ridiculous.”
Key findings from teacher surveys:
- 89% of teachers say class sizes are too big to properly support SEND pupils (NEU survey, 10,311 teachers)
- 71% describe their overall workload as “unmanageable”
- Only 22% are confident that referring a pupil for SEND assessment would actually get them help
- SENCOs already spend 60–70% of their time on paperwork rather than supporting children in classrooms
Frances Akinde, a SENCO writing for Special Needs Jungle, was blunt: “ISPs are basically the old Individual Educational Plans with a different name. The names may have changed, but the practice didn’t disappear.” She warned that SENCOs experience “responsibility without real authority” and that ISPs risk adding another layer of compliance without the resources to deliver.
NEU General Secretary Daniel Kebede summed up the professional consensus: “Reforming SEND cannot be done on the cheap. No amount of goodwill can replace specialists, therapeutic services or properly staffed support teams.”
Our honest take
The diagnosis is correct. The SEND system is collapsing under its own weight. Reform is necessary — the NAO, the IFS, and virtually every expert agrees on that.
But the prescription is where it falls apart. The government is proposing to expand a weaker form of support (ISPs without confirmed enforcement) while narrowing the one legal protection that actually works (EHCPs with tribunal rights). It is reducing families’ ability to challenge decisions at the same time that the evidence shows local authorities get those decisions wrong 99% of the time.
And the families ISPs are designed to help most — the million-plus children on SEN Support who currently have nothing — are the quietest voices in this entire debate. That should concern everyone.
Special Needs Jungle — one of the most respected SEND journalism outlets in the UK — put it best: the current system is “chaotic and sinking fast,” and reform is unavoidable. But the specific mechanism proposed risks “replacing a broken system with one that fails more quietly.”
The government still has time to fix this. The consultation is open. Secondary legislation (the detailed rules) has not been written yet. If ISPs are given real enforcement mechanisms — including a right of appeal to an independent body — these reforms could genuinely transform the system for the better. Without that, they risk being a well-funded promise on paper.
Sources: IPSEA — White Paper response | Contact — SEND reforms | Disabled Children’s Partnership — Fight For Ordinary | Special Needs Jungle — Rights given, rights stripped away | Disability Rights UK — Lawyers warn reforms will dismantle rights | MD Comms — IPSEA legal challenge | NASUWT — Reforms could set schools up to fail | SNJ — NEU: SEND reform cannot be done on the cheap | SNJ — The SENCO as gatekeeper
✍️ 12. Have Your Say
The consultation is open now and closes on 18 May 2026 at 11:59pm. Anyone can respond — you do not need to be an expert. Your experience as a parent is exactly what the government needs to hear.
How to respond
- Go to consult.education.gov.uk
- Find the SEND reform consultation
- Answer as many or as few questions as you like
- You can save your progress and come back later
Tips for responding
- Share your personal experience — what works and what does not
- Be specific — give examples from your child’s life
- Say what you want to keep (for example, EHCP legal protections and tribunal rights)
- Say what concerns you about the new plans
- Ask for ISPs to be legally enforceable — with a right of appeal to an independent body
- Ask that the tribunal keeps the power to name a specific school
- Feel you have to answer every question
- Worry about using the “right” words — plain English is fine
- Be afraid to say you disagree with a proposal
- Leave it until the last minute — set aside 30 minutes now
Don’t stop at the consultation
The consultation is important, but it is not the only way to be heard. There are concerns — including a legal challenge by IPSEA — about whether the consultation process will genuinely reflect what families say. To make sure your voice counts:
- Screenshot or save a copy of your consultation response before you submit it. You should have a record of exactly what you said.
- Write to your MP directly. A personal letter to your MP carries weight. Tell them your child’s story, what you are concerned about, and what you want them to do about it. You can find your MP at members.parliament.uk/FindYourMP.
- Keep a copy of your MP letter and note the date you sent it. If you do not receive a response within 4 weeks, follow up — and keep a record of that too.
- Share your experience with charities like IPSEA, Contact, and Special Needs Jungle — they collect family experiences to use as evidence in their advocacy work.
Get help with your response
Several charities have published guides to help you respond:
- IPSEA — ipsea.org.uk
- National Autistic Society — autism.org.uk
- Contact — contact.org.uk
- Special Needs Jungle — specialneedsjungle.com
Source: gov.uk — SEND Reform: Putting Children and Young People First
💪 13. What to Do Right Now
Even though the reforms are years away, there are things you can do today to protect your child:
- Check your child’s current support matches their EHCP — if it does not, raise it with the school and local authority now
- Request an EHC needs assessment if your child needs one — you can still do this and you should not wait
- Keep records of all letters, emails, and reports about your child’s support
- Ask for things in writing — verbal promises are hard to enforce
- Set measurable outcomes at your child’s annual review so you can check progress
- Respond to the consultation before 18 May 2026
- Talk to other parents — join local SEND parent groups and share information
- Contact a charity if you need help — see the resources section below
If your local authority is not doing what it should, you have strong rights. The SEND Tribunal exists to protect your child, and the success rate for parents who appeal is very high — councils won just 1.3% of cases last year. Do not be afraid to use it.
Source: Brightheart — A Parent’s Guide to SEND Reform 2026
🙏 14. Free Help & Resources
💰 15. Benefits Changes That Affect SEN Families
Separate from the SEND education reforms, the government is also changing disability benefits. These changes are not part of the White Paper but will affect many SEN families:
These changes are in the Universal Credit and PIP Bill, which is going through Parliament. They are not yet law. If you currently receive DLA or PIP, nothing has changed yet. Keep claiming as normal.
Source: Turn2Us — Changes to disability benefits explained
📚 References & Sources
Every fact in this guide comes from an official or trusted source. Here is the full list:
📋 Quick Reference Summary
Your voice matters — make sure it is heard
These reforms will shape your child’s legal rights for years to come. Respond to the consultation, write to your MP, and keep a copy of everything you send. Your experience is evidence.
Respond to the consultationBoth free • Consultation closes 18 May 2026
Last updated: 4 April 2026 • Written with care by the SenHaven team