The biggest shift in SEND we have seen in a decade: Exploring the Schools White Paper 2026
7th April, 2026
On 23 February 2026, the Department for Education (DfE) published the Schools White Paper, named 'Every Child Achieving and Thriving'. This set out the proposed reforms to schools and Special Educational Needs and Disabilities (SEND) systems in England from 2030. It has been published alongside a consultation named 'Putting Children and Young People First' which is open until the 18 May 2026.
What is happening now?
At this stage, nothing is set in stone and the law is not changing immediately. For example, if a child is currently in Year 4 with an Education Health and Care Plan (EHCP), they should get to Year 11 with their EHCP and without re-assessment.
The only change that is set to happen before 2030 is the large injection of funding of £4 billion. This seems like a large figure, but the current statistics show that a figure closer to £6 billion is needed. Part of this funding will be used for teacher training (£200 million) delivered to the 6,500 more teachers that the DfE are set to recruit. Whilst an impact is expected quite quickly, the real question is how long it can be sustained without ongoing funding?
What does the Schools White Paper say?
New three tiers of support
- Targeted – for ongoing and commonly occurring needs, above the universal offer. Children in this category will have an Individual Support Plan (ISP) instead of an EHCP and this will include provisions such as small group teaching and/or pre-teaching etc.
- Targeted Plus – the suggestion is that this category will draw on a new “experts at hand” service. Children in this category will also have an ISP instead of an EHCP and will have access to support basis and/or time-limited alternative provisions.
- Specialist – this category will see mainstream and special schools working in partnership for children with complex needs only. Children in this category will have an EHCP and an ISP. New “specialist provision packages” will be designed by experts and tested with parents to outline a child’s needs.
New Individual Support Plans (ISPs)
ISPs are set to replace most EHCPs. They will be drawn up in schools and available in a digital, standardized template (one size fits all) format. Some have suggested that the DfE intends to revert to the pre‑2014 system, but they have stated that the difference is that an ISP is a statutory document. The onus will be on schools to keep these up to date and ensure the provision is put in place. Their legal status is not currently clear as First Tier Tribunals are looking not to get involved with them. The question at this stage is if schools can give these ISP’s the specificity children need?
What will happen to EHCPs?
The DfE aims to halve the number of EHCPs by making them a specialist package, reserved for children with the most complex needs. Children with an EHCP will be fully re-assessed (not reviewed as it is now) at the end of primary school and GCSEs with the EHCP threshold set to be raised from 2030.
First Tier Tribunal
One of the most significant developments in the SEND legal landscape is the reform of the Tribunal system. The system will remain, but as a last resort. It is not news that waiting times for EHCP appeal hearings can be as late as spring 2027. In the academic year 2024/25, the Tribunal recorded 25,000 registered SEND appeals, an increase of 18% compared to the previous year.
The White Paper does not clarify the extent of the Tribunal’s powers other than that it will not have the power to name a school in a child’s EHCP (Section I) and will be instead asked to review the Local Authority’s decision. If found to be unreasonable, they can quash and require the Local Authority to re-think. You may recognise the similarities to the current permanent exclusion process.
The risk here is if the Local Authority comes to the same conclusion, there is no independent body to review the Local Authority’s decision and to direct where a child should go to school. The ultimate legal challenge remains judicial review, which is notoriously expensive to pursue (particularly compared to the SEND Tribunal which does not have any court fees and is designed for parents to pursue claims without legal representation).
A further change in the White Paper is to the Children and Families Act 2014. The presumption currently is that, for state-funded schools (including special schools), parental preference is granted unless a section 39 exception is made out. However, now the exception is set to be amended to include a much clearer value for money argument rather than an inefficient resources argument.
National Inclusion Standards
These new standards and duties, which have not yet been published, are set to be an additional burden on schools. These will be evidence-based standards guided by an independent expert panel to underpin national expectations on mainstream school. In addition to national practices, the DfE encourages local support too. Particularly, collaboration between schools, Local Authority and Integrated Care Boards – referred to in the White Paper as “clusters”.
SEND Code of Practice
The Code is set to be updated but it is not currently clear when or how. It is intended to provide clarity and accountability, such as government funded training. The new proposed areas of development include; executive function, sensory, speech and language, motor and physical, social care and emotional care.
Complaints
There is a strong emphasis on schools having a good complaints policy and using mediation instead of the Tribunal to reduce the long-standing, ever-increasing backlog. The DfE has pledged it will work with schools to review their complaints procedures, with the possibility of moving towards a digital system.
What are the timeframes for these changes?
There will be no changes to the support given by EHCPs before September 2030. The Public Consultation is open from now until 18 May 2026. After that closes, there will be policy refinement as well as listening sessions in 2026 to allow the DfE to hear the publics thoughts on their proposals. Legislation will then be drafted in late 2026, progressing into 2027. Parliamentary Scrutiny and Approval will take place in 2027 and 2028 with phased implementation from 2028 onwards. The changes are set to be fully implemented by 2035.
From Multi-Academy Trusts (MATs) to rural voluntary aided schools, our large, multi-disciplinary team of experts in education law advises schools across England. If you would like to discuss how we can support you, please get in touch.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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