Legal Update: The 2026 SEND White Paper – Every Child Achieving and Thriving

The White Paper sets out proposed reforms, but none of these proposals currently have legal effect. All duties and entitlements remain enforceable. This means all EHCPS remain legally binding.

The current stage of the White Paper is at the consultation stage.

Consultation for the White Paper is open until 18 May 2026; after which the Government may revise its proposals before drafting any legislation.

This is a link to provide your views as part of that consultation:

SEND reform: putting children and young people first – Department for Education – Citizen Space

Even under the proposed reform timetable, no changes to existing EHCP support would occur before 2030, as part of a long-term phased transition (2029–2035).

• School SEN Support: Initially, a school should meet the child’s needs through SEN support from its own resources, following the ‘Assess, Plan, Do, Review’ (APDR) cycle. This, however, is not mandatory, although many schools and pupils have individual school-based plans available; the formats vary widely and are not digital or standardised nationally. 
• Request for an EHC Needs Assessment/ EHCP: If the school-based support is insufficient, a request for an assessment is made to the Local Authority (LA). This is the first formal step towards obtaining an EHCP. EHCPs are legally enforceable documents.  EHCPs outline a child’s specific needs, the tailored support required for those specific needs and set out desired outcomes from such support.

All current legal rights, entitlements, and processes remain unchanged. Parents should continue to request assessments, participate in annual reviews, and appeal decisions as needed.

• Universal – Universal support is the baseline support offer which is to be made available to all children and young people aged 0-25 within mainstream settings. The Government has stated that there is an aim to improve the national curriculum, improve inclusive teaching practices and earlier identification of needs and support within a mainstream context. 

• Targeted – This is support being designed for children who require more support than ‘Universal’ support. The purpose is that interventions are targeted; for example, structured support or small group support (such as speech and language programmes). The targeted support which is needed is to be recorded in a digital Individual Support Plan (ISP). This ISP is to be developed by schools and parents.

• Targeted plus – This stage is designed for children with greater or more complex needs who require specialist input from external professionals. The White Paper explains how this tier will include enhanced multi-agency support from professionals such as Educational Psychologists and Speech and Language Therapists, which is being called “Experts at Hand”. Similar to pupils on Targeted support, all provision is recorded and monitored through the child’s ISP.

• Specialist support (i.e., EHCP level) – This is the highest tier and is for the pupils with the most significant and complex needs. They will receive a specialist provision package, which will continue to utilise a similar EHCP system. This support may be delivered in a mainstream or specialist setting, depending on the child’s needs.

The White Paper also proposes the introduction of national SEND standards and nationally-defined provision “packages”. These standards are intended to set out, at a national level, what support should ordinarily be available at each stage of the SEND system, including within Universal, Targeted, and Targeted Plus support. The aim is to reduce regional inconsistency and variation in provision by clarifying expectations for schools, Local Authorities, and health services.

Under the proposals, children with the most complex needs at Specialist support (EHCP level) would receive support through standardised provision packages, designed around assessed need rather than local practice or budgetary discretion. The Government has indicated that these packages would be underpinned by national standards, with clearer descriptions of the type and level of provision that should be delivered.

Importantly, these national standards and provision packages are proposals only and do not currently replace the statutory duty to secure the special educational provision specified in an EHCP. Until any legislative changes are made, Local Authorities remain legally required to secure all provisions set out in Section F of an EHCP, regardless of any proposed future standardisation.