Legal Update: The 2026 SEND White Paper – Every Child Achieving and Thriving
Introduction
White papers are policy documents produced by the Government which set out proposals for future legislation.
On 23 February 2026, the Government issued a White Paper relating to pupils with special educational needs. The Government’s 2026 SEND White Paper, Every Child Achieving and Thriving, has generated significant discussion amongst parents, schools, and professionals. This is because the White Paper has set out proposals for a major overhaul of the current system – a system which has been in place since the Children and Families Act 2014 was made effective.
The aim of the reform has been stated to be for the purpose of seeing more pupils being able to attend and access mainstream settings, and support and intervention being provided early on and within such settings.
Many families are understandably anxious about what these proposals could mean for their child’s support, particularly regarding Education, Health and Care Plans (EHCPs). This update sets out the legal position and what the white paper suggests families can expect over the coming years.
Legal position
| Current Position | Proposed Change |
| The existing SEND legal framework (Children and Families Act 2014, SEND Regulations 2014, SEND Code of Practice) remain fully in force. 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 White Paper proposals are not yet law and must go through the full Parliamentary process before any changes can take effect. This means the proposals must undergo the full legislative process: drafting, debate, committee scrutiny, possible amendments, and approval by both Houses of Parliament. 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). |
Support system available
| Current Position | Proposed Change |
| 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. | The White Paper outlines a redesigned SEND system of 4 stages, which are as follows: 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. |
Our Role and Ongoing Support
As an Education law firm, we are closely monitoring the consultation, legislative stages, and accompanying guidance. We will continue to update families as proposals evolve and provide legal support where children’s current legal entitlements are not being met.
If you would like more information about the services we offer, or if you require support in navigating the SEND process, please contact our Education Team:
https://www.richardnelsonllp.co.uk/services-sectors/education-solicitors/
T: 0333 888 4040
E: education@richardnelsonllp.co.uk
