SEND White Paper: What We Know So Far
Introduction
On Monday 23 February, the UK Government published its long-anticipated Schools White Paper, “Every Child Achieving and Thriving,” setting out a series of proposed reforms to the Special Educational Needs and Disabilities (SEND) system.
At this stage, it is important to emphasise that these measures are proposals rather than immediate legal changes. With the full document now available, there is a clearer foundation for informed discussion. The accompanying 12-week consultation period provides a crucial opportunity for educators, families, and professionals to reflect on the proposals and contribute their views.
In the meantime, the current SEND legal framework remains unchanged, and all existing statutory duties continue to apply in full. It is important for families to understand that the current legal framework remains in force. These proposals have not yet been enacted into law. Until legislation is formally changed, existing rights and procedures remain in place.
Below are some key points on what we know so far.
How much extra funding has been announced?
The Department for Education has announced £4 billion in funding over three years to support the implementation of its proposed SEND reforms and promote greater inclusion across the education system.
A significant portion of this funding—£1.6 billion—will go towards a new Inclusive Mainstream Fund, which will be available to early years settings, schools, and post-16 providers.
While the overall figure appears substantial, when distributed across tens of thousands of education settings over three years, the amount available to each individual setting is likely to be relatively small. In practice, it may not be sufficient to significantly increase staffing capacity, such as funding additional teaching assistants or substantial teacher time to support inclusion.
“While the headline figures around investment in mainstream settings appear substantial, the reality is that, once divided across thousands of schools and providers nationwide, the impact is likely to be limited. Much more detail is needed on how these reforms would function day‑to‑day and what tangible difference they would make.”
Sarah Palmer, Partner, Enable Law (Brain Injury Group Members)
Expert at Hand Service
The White Paper outlines proposed changes to the role and use of Education, Health and Care Plans (EHCPs), with reforms expected to be introduced gradually over the coming years.
From 2029, children and young people with an EHCP may be reassessed at key educational transition points—for example, when moving between phases of education. The intention is to ensure that support remains appropriate and aligned with the child’s current needs.
Looking further ahead, the Government proposes that by 2035 EHCPs will be reserved primarily for children and young people with the most complex needs. This suggests a shift towards more support being delivered through mainstream and early-intervention systems, rather than through individual statutory plans.
The proposals also include transitional protections. Children and young people who currently have an EHCP are expected to retain their plan until they move to the next stage of education.
One of the main concerns with the current proposals centres on the potential reduction of rights currently associated with an EHCP, alongside a lack of clarity around the proposed support “tiers”:
- Universal
- Targeted
- Targeted+
- Specialist
Under the proposals, the current EHCP would be replaced by a simpler document identifying only the child’s SEN category or “type.” For example, an EHCP might simply state that a child requires specialist support.
Detailed information about the child’s needs and provision would instead sit within a new standardised Individual Support Plan (ISP). Unlike the current EHCP, this document would not necessarily be tailored to the individual child but would align with the new national “inclusion and support” packages being developed.
The reforms also propose the creation of around seven Categories of Need. Children would be placed into just one category, which would determine the level of support they receive. For example, a child identified within the sensory needs category could not also be placed within the motor and physical category.
This model raises concerns for many families and practitioners, particularly for children with complex or multiple needs. For example, many children we support following brain injury experience overlapping difficulties across several areas, rather than fitting neatly into a single category.
Another concern relates to the potential removal of some SEND tribunal rights, particularly around placement decisions. If families lose the ability to challenge certain decisions through the SEND tribunal, this may lead to an increase in disability discrimination claims, which would be brought against schools rather than local authorities.
“The proposals for reform are causing considerable concern. As it stands, the Children and Families Act 2014 provides a solid and appropriate legal framework; the real issues lie in how inconsistently the law is applied by Local Authorities. Any dilution of the rights currently held by parents and children is deeply troubling. In particular, the suggestion that parents may lose their ability to appeal to the Tribunal when disagreements arise over a child’s placement is unacceptable.
Sarah Palmer, Partner, Enable Law (Brain Injury Group Members)
Proposed Timeline for SEND Reforms
A proposed timeline for the reforms suggests that, assuming there are no delays or amendments, new legislation may not take effect until around 2030. Even then, the changes would initially apply only to children at key transition points, with others moving into the new system at their next transition stage.
At present, many aspects of the proposed reforms remain unclear, and further detail from the Government is still awaited.
IPSEA’s Response
IPSEA’s response emphasises its commitment to protecting the legal rights of children and young people with SEND during the proposed reforms. The organisation will work with families, young people, Government, and MPs throughout the consultation period to ensure that any changes to the system continue to meet individual needs and remain supported by clear, enforceable legal rights.
While IPSEA welcomes the Government’s ambition to improve inclusion in schools, it has raised concerns about the proposed changes to future EHCPs, as well as the introduction of targeted support and Individual Support Plans (ISPs). In particular, IPSEA is questioning how these new arrangements would create legally binding duties, how schools and local authorities would be held accountable, and what rights parents would have to challenge decisions.
IPSEA also stresses that despite the proposals, the current SEND legal framework has not changed, and all existing legal duties remain fully in force.
The organisation is encouraging parents, carers, and young people with SEND to take part in the Government’s consultation and share their experiences and views.
Details of how to respond to the consultation can be found here:
SEND reform: putting children and young people first – GOV.UK
“It is essential that all stakeholders respond to the consultation so that the full range of views is properly heard and considered before any changes are taken forward.”
Sarah Palmer, Partner, Enable Law (Brain Injury Group Members)
