
SEND reform and the Schools White Paper: implications for the further education sector
The Government’s Schools White Paper Every Child Achieving and Thriving (2026), alongside the wider SEND reform programme, represents one of the most significant proposed changes to SEND provision since the Children and Families Act 2014. While the policy narrative is largely school-focused, the reforms will have substantial legal and operational implications for the further education (FE) sector, which supports thousands of young people with SEND aged 16–25 as they transition into adulthood. The White Paper should lay the ground for improvement in young people's journeys through the education system into the future.
The scale of SEND within FE
Understanding the significance of the reforms requires recognising the scale of SEND within post-16 education. SEND numbers across the system have grown rapidly in recent years. As of 2025 there were over 1.7 million pupils in England identified with SEND, including around 483,000 with an Education, Health and Care Plan (EHCP).
This growth is not confined to schools. Increasing numbers of young people are entering further education with complex needs, placing significant pressure on colleges and local authority high-needs funding systems. Sector data indicates that post-16 EHCP numbers have risen steadily and are expected to continue increasing as larger SEND cohorts move through the education system, intensifying demand for both mainstream and specialist FE provision. In 2025 according to NATSPEC, there were nearly 88,158 young people with EHCPs in further education up 5% from the previous year.
The FE sector therefore sits at a critical point in the SEND system: it supports young people during the legally recognised 16–25 SEND phase, when EHCPs may remain in force and when educational support must be aligned with employment, independent living and adulthood outcomes.
SEND reform and the move away from EHCP reliance
A central element of the White Paper reforms is the government’s intention to reduce reliance on EHCPs by introducing a new system of Individual Support Plans (ISPs). These plans would provide structured support for learners with additional needs without necessarily requiring the full statutory process associated with EHCPs.
Policy discussions suggest that EHCPs will increasingly be reserved for those with the most complex needs, while ISPs will become the primary mechanism through which support is delivered in mainstream settings.
For FE providers, the legal significance of this change should not be underestimated. EHCPs currently carry statutory enforceability, including rights of appeal to the SEND Tribunal and provisions around ceasing the provision which are student-centred and protective. If support increasingly shifts to non-statutory plans, colleges may find themselves operating within a framework where responsibility for devising ISPs and then delivering support sits directly with providers, but without the same statutory clarity. The upside may be that colleges won't be held hostage to local authority decisions to cease EHCPs and therefore better able to continue supporting learners achieve through the proposed core funding system.
Inclusion and expanded responsibilities for colleges
The White Paper emphasises a more inclusive mainstream system, with earlier intervention and stronger universal provision across education settings. Although framed around schools, the policy approach clearly extends to post-16 education providers, including FE colleges and sixth-form colleges.
This is likely to lead to several practical consequences:
- More learners with SEND entering mainstream FE provision, rather than specialist placements (including FE specialist colleges).
- Increased expectations on colleges to identify and support needs earlier, even where learners do not hold EHCPs.
- Greater collaboration between local authorities, schools and FE providers in planning transitions.
For colleges already facing resource pressures, these changes could significantly increase the scope of SEND responsibilities within mainstream programmes. On the other hand colleges will be sitting at the table when decisions are made around transitions and early identification of needs, and not be last in line.
Funding pressures and system reform
SEND funding remains one of the most contentious aspects of the reform agenda. While the White Paper proposes new funding streams aimed at strengthening inclusive provision, the detail of how this funding will operate for the FE sector remains particularly uncertain. Colleges may therefore face a situation where policy expectations increase faster than funding allocations, particularly as post-16 SEND numbers continue to rise. The move away from individual funding will be a relief, however, and the core funding to be used at the colleges' discretion welcomed. Stable core funding will allow colleges to tap the right support flexibly and timely, cutting out red tape and delays.
In relation to funding, the FE sector will no doubt welcome any efforts to improve timeliness of decision-making in relation to funding so that learners and families do not need to be concerned that provision and support will be in place from day one, and not subject to protracted disputes with local authorities and delays which impact on the chances of success of the learner in transition to college. Smoother, joined-up transitions with no need to 'repeat' the EHCP processes (or ISPs) will likely bring stability to the sector.
FE providers will benefit from the Experts at Hand initiative (albeit unclear whether there will be experts dedicated to FE with relevant expertise for this phase and age group). Colleges are also included among providers eligible for funding to strengthen SEND provision via the Inclusive Mainstream Fund.
Transition to adulthood: the distinctive role of FE
From a legal perspective, the FE sector occupies a unique position within the SEND framework. Unlike schools, colleges operate in a setting where education must be closely integrated with:
- Vocational training
- Apprenticeships
- Employment pathways
- Preparation for independent living.
Effective transition planning is therefore essential and has continued to represent the biggest challenge in a somewhat dysfunctional system where a single college will have to deal with multiple local authorities each operating to different timetables and priorities. The White Paper emphasises stronger coordination between schools and post-16 providers to ensure that learners with SEND move into appropriate pathways including college, apprenticeships or work.
However, there will be a need to strengthen transition to the FE phase, which should include parallel government efforts to increase understanding and 'buy-in' from employers and apprenticeship providers to welcome and support the needs of FE students with SEN. The Government, guided by the FE sector, will be thinking creatively about how to bring employers around to debank common misunderstandings on what taking on a learner with SEND means for them, for instance from scaffolding strategies to travel training and adjustments to eliminate barriers to experiences for SEND learners. The Government's inclusion strategy should not end at the gates of FE and for this cohort must continue throughout their lifetime in the community. Successful programmes such as Project Choice and similar supported internship programmes should be scaled up and lessons learned across the industries. Access to work delays must end and sadly, there is no reference to these in the consultation document.
Post-16 success will depend on strong and early collaboration to promote seamless transitions from school into college and importantly, onward into employment. Partnerships will anchor the reforms, and no single FE college should be expected to tackle this level of complexity alone and without shared accountability, including investing in workforce planning and development.
Conclusion
Although primarily presented as a reform of the school system, the Schools White Paper will have far-reaching implications for the FE sector. Rising SEND numbers, the proposed shift away from EHCPs toward Individual Support Plans, and a renewed emphasis on inclusive mainstream provision all suggest that FE colleges will play an increasingly central role in delivering SEND support.
For FE leaders and governing bodies, the legal and operational challenge will be ensuring that institutional systems - particularly around support planning, funding, and transition pathways - are robust enough to meet these evolving obligations. As the SEND reform programme develops, it will be essential that the FE sector's voice is heard and remains actively engaged in shaping policy to ensure that post-16 provision is properly recognised within the national SEND framework.
For support or advice, please contact Miriam Carrion Benitez in our Academies and Maintained Schools team.
Get in touch today
Are you looking for legal services?
Fill out our form to find out how our specialist lawyers can help you.
