Where the reforms came from
On 23 February 2026, the government published its Schools White Paper, 'Every Child Achieving and Thriving', setting out its long-term vision for education in England, with SEND reform as one of its most significant strands. Alongside it came a consultation, "SEND reform: putting children and young people first", which closed on 18 May 2026.
The key proposals include a three-layer support structure (Universal, Targeted/Targeted Plus and Specialist), Individual Support Plans, Specialist Provision Packages and an updated SEND Code of Practice. The most talked-about change is to EHCPs themselves: the Department for Education aims to roughly halve the number of EHCPs by reserving them for children with the most complex needs. Another proposal that has worried families is removing the Tribunal's power to name a school in an EHCP.
These proposals remain contested. The government has framed them as expanding rights and inclusion, while many parent groups and charities have raised concerns about whether new plans would carry the same legal weight as EHCPs.
The most important thing to know: current law still applies
A White Paper is not law. It is a statement of intent...a set of proposals the government wants to consult on and, eventually, legislate for. Nothing changes simply because a White Paper has been published.
According to the House of Commons Library, the reformed system would require new legislation and is not expected to come into effect until September 2029. Until then, the current system remains in place, and no changes to support received through EHCPs would take place before at least September 2030. There is also a protection for children in specialist settings: those taught in a specialist setting by September 2029 are guaranteed to be able to stay until they finish their education.
So, right now, under the Children and Families Act 2014 and the SEND Code of Practice:
• Schools still have SEN Support duties. Mainstream schools must continue to use their best endeavours to secure appropriate special educational provision for pupils with SEN.
• You can still request an EHC needs assessment. Parents, young people and schools can all make a request, and the legal test hasn't changed.
• EHCP provision must still be delivered. Local authorities must continue to secure the special educational provision specified in an EHCP.
• Appeal rights remain. Annual reviews, mediation, complaints and the SEND Tribunal all still work as before.
What's new this term
While the big legal changes are years away, some preparatory changes are now reaching schools and local areas. These are the ones you're most likely to hear about this autumn.
Experts at Hand. This new programme aims to get specialist advice into mainstream settings earlier, from professionals such as speech and language therapists, occupational therapists and educational psychologists. Local areas were asked to begin delivering their first-year offer from September 2026, and early examples suggest it won't look the same everywhere. Crucially, where a child has one-to-one support or specialist provision specified in an EHCP, that provision sits outside Experts at Hand and should continue to be delivered through the EHCP.
School inclusion strategies. Schools receiving new Inclusive Mainstream Fund money are expected to publish an inclusion strategy by 31 December 2026, explaining how they are improving inclusion and using the funding. This is a whole-school document rather than a plan for your child, but it could be a useful window into how your school approaches SEND.
Inclusion bases. You may hear this term more often. National guidance says inclusion bases should be led by a qualified teacher, give access to a broad and ambitious curriculum, support participation in mainstream school life, and never be used as a behaviour sanction. The guidance is non-statutory and doesn't replace provision in Section F of an EHCP.
A Tribunal pilot. From 17 August 2026, the SEND Tribunal began a pilot for new appeals that only concern Section I of an EHCP (the named school or placement). Families in the pilot may not receive a provisional hearing date in the usual way when the appeal is registered. This changes procedure, not your right to appeal.
Consultations just closed. Two further consultations, one on education otherwise than at school (EOTAS) and one on a "local SEND inclusion formula" giving mainstream schools more funding upfront, ran until 18 September 2026. The government has not yet published its response to the main SEND consultation, so expect more news in the coming months.
Common myths to watch out for
With so much change in the air, it's easy for misunderstandings to creep into conversations with schools or local authorities. A few worth knowing:
"We can't request an assessment until the school has spent £6,000." Not true. The £6,000 figure relates to how additional SEN support is commonly funded in mainstream schools. It is not a legal threshold that must be reached before an EHC needs assessment can be requested.
"Your child needs a diagnosis first." Also not true. Schools should respond to identified needs, not wait for a label.
"EHCPs are being scrapped, so there's no point applying." EHCPs exist, the legal test for assessment is unchanged, and new requests are still being made and decided under current law.
"The new service replaces what's in the plan." New non-statutory support, whether Experts at Hand or an inclusion base, is meant to be additional. If anything in your child's EHCP is being reduced or swapped out, that should only happen through a proper annual review or amendment process, which you can challenge.
What to do this autumn
If your child is on SEN Support, ask the SENCo for a written plan with clear outcomes and review dates, and keep your own notes of what's been tried and how your child has responded.
If you're considering or waiting for an EHC needs assessment, keep going through the existing process. Ask for decisions and deadlines in writing, and don't be put off by suggestions that the reforms make it pointless.
If your child has an EHCP, check the provision in Section F is actually being delivered this term, especially if staff have changed. If new initiatives are being introduced at school, ask how they'll sit alongside the plan rather than replace it.
And for everyone, it's worth asking your school when its inclusion strategy will be published, and asking your local authority whether Experts at Hand has started in your area and how families can access it.
Where to get help
If you're unsure about your rights or a decision that's been made please contact us.
Reform may be coming, but for this school year your child's rights are what they've always been. Knowing them is the best way to make sure they're upheld.