SEND Reforms - The Story So Far

31st March 2026

The government’s plan to introduce Individual Support Plans (ISPs) as the main route for SEND support has created significant worry among parents and advocacy organisations, who fear the reforms could weaken legal protections and make it harder to ensure children receive the support they need (Long et al. 2026, p. 43).

1. The Shift in Legal Accountability

Under the current system, the local authority (LA) is legally responsible for making sure all support written into an Education, Health and Care Plan (EHCP) is delivered (Long et al. 2026, p. 19). Under the proposed changes, however, this responsibility will shift for many children. For those who do not meet the threshold for the “Specialist” layer, it will be the school or college, rather than the LA, that must legally create, monitor, and provide the support listed in the ISP (DfE 2026b, p. 46; Long et al. 2026, p. 43). The government argues this will address concerns about decisions being made by professionals who do not know the child personally, suggesting the new system will allow for “flexible, direct and timely support” (DfE 2026b, p. 66).

2. Parent and Specialist Concerns

Many SEND charities, parent groups and researchers have raised serious concerns about the reforms, with some describing the changes as a possible “back door into removing the legal rights of children” (Long et al. 2026, p. 43). One major concern relates to school and college placement rights. IPSEA has warned that these rights appear to be “fundamentally changed and weakened,” especially if the Tribunal loses the power to order a specific suitable placement (Long et al. 2026, p. 43). Another issue raised by critics is that because future EHCPs will be tied to nationally standardised Specialist Provision Packages, “eligibility rules and definitions” may take priority over a child’s individual needs (Long et al. 2026, p. 44). In addition, advocacy groups worry that ISPs will give parents very limited rights over what goes into the plan and how it is created, which is a significant reduction compared to the more robust and enforceable EHCP process (Long et al. 2026, p. 43).

3. Changes to Tribunal Powers

The government intends to reshape the SEND Tribunal so that it focuses mainly on the most complex cases (DfE 2026b, p. 102). Families will still have the right to appeal if their child is refused a Specialist Provision Package or if they disagree with the kind of package being offered (DfE 2026b, p. 106). However, disagreements about the day‑to‑day delivery of an ISP are expected to be dealt with through a school or college’s internal complaints process rather than through the Tribunal (DfE 2026b, p. 102; Long et al. 2026, p. 43). To try to strengthen this system, the government proposes that an independent SEND specialist must sit on complaints panels within schools (DfE 2026b, p. 101).

4. Protections During Transition

In response to criticism and uncertainty, the government has set out several protections for families during the transition period. Children who already have an EHCP and are in mainstream education when the new legislation starts in September 2029 will keep their existing EHCP and the support written into it until they finish their current phase of education (DfE 2026b, p. 72; Long et al. 2026, p. 40). Furthermore, no child or young person will be made to leave a special school or college because of these reforms unless they choose to (DfE 2026b, p. 72, p. 113). Moves to the new system will not begin before September 2030, and transitions will only occur when children reach key points between education phases (DfE 2026b, p. 72; Long et al. 2026, p. 40). To provide additional oversight, the Children’s Commissioner has been given a new role to independently monitor the rollout and highlight any “risks” to children’s rights during this period (DfE 2026a, p. 58; Long et al. 2026, p. 39).

Conclusion

In summary, while the government’s proposed reforms aim to create a more streamlined and responsive SEND system, parents, specialist organisations, and researchers have raised substantial concerns about the potential weakening of legally enforceable rights. The shift of responsibility from local authorities to individual educational settings risks reducing accountability, especially for children supported through ISPs rather than EHCPs. Critics warn that standardised Specialist Provision Packages may prioritise eligibility criteria over individual need, while reduced access to the SEND Tribunal for ISP‑related issues may leave families with fewer meaningful routes to challenge inadequate support. Although transition protections are promised, confidence remains low that these measures will fully safeguard children’s rights. Overall, the reforms are widely viewed as creating a system where flexibility for institutions may come at the expense of legal certainty and security for families.

Reference List

Department for Education (DfE) (2026a). Every Child Achieving and Thriving: Schools White Paper. London: HM Government.
Available at: https://www.gov.uk/government/publications/every-child-achieving-and-thriving [Accessed 31st March 2026]

Department for Education (DfE) (2026b). SEND Reform: Putting Children and Young People First – Government Consultation. London: HM Government.  HTML version: https://www.gov.uk/government/consultations/send-reform-putting-children-and-young-people-first
PDF version:  https://assets.publishing.service.gov.uk/media/69986263b33a4db7ff889ecb/SEND_reform_putting_children_and_young_people_first_government_consultation.pdf [Accessed 31st March 2026]

Long, R., Bridges, E. and Roberts, N. (2026). The Schools White Paper 2026: Special Educational Needs and Disability (SEND) Reform. Research Briefing 10550. London: House of Commons Library. HTML page: https://commonslibrary.parliament.uk/research-briefings/cbp-10550/  PDF: https://researchbriefings.files.parliament.uk/documents/CBP-10550/CBP-10550.pdf [Accessed 31st March 2026]