
SEND reform: The White Paper, consultation and what schools need to know
The Government has published a Schools White Paper entitled "Every child achieving and thriving" and accompanying SEND reform consultation: Putting children and young people first, setting out what would represent the most significant restructuring of the special educational needs and disabilities (SEND) system since the Children and Families Act 2014.
The proposals remain subject to consultation and legislation. The current statutory framework, including the SEND Code of Practice and Education, Health and Care Plans (EHCPs), remains in force. However, the direction of travel is clear and schools across all phases and sectors should begin to familiarise themselves with the proposed changes.
At its core, the reform programme seeks to rebalance the system towards earlier intervention, greater national consistency and strengthened mainstream inclusion, while reserving EHCPs for children and young people with the most complex needs.
The strategic shift: From EHCP reliance to inclusion-first
The Government’s analysis identifies several pressures in the current system:
- Significant variation in identification and provision between local areas
- Rising numbers of EHCPs and escalating costs
- Increased pressure on specialist placements
- Lengthy and adversarial dispute processes
- Inconsistent mainstream inclusion
In response, the proposed reforms aim to move from a system heavily reliant on statutory plans towards a nationally standardised graduated model of support, where most children’s needs are met effectively within strengthened mainstream provision.
EHCPs would remain but would be linked to nationally defined Specialist Provision Packages and reserved for those meeting a clearly defined threshold of complexity.
National Inclusion Standards
A central proposal is the introduction of National Inclusion Standards. These would set out what children and families should expect from their school and establish clear, evidence-based expectations for inclusive practice.
The Standards are intended to:
- Provide a consistent national benchmark
- Guide school improvement and accountability
- Support delivery of a revised SEND Code of Practice
Linked to this, the consultation proposes placing a statutory duty on schools to publish an annual Inclusion Strategy. This would replace the current requirement for maintained schools to publish a SEN Information Report and would require schools to set out how they deliver support across the Universal and Targeted layers of provision, how resources are deployed, and how barriers to learning are identified and addressed.
The SEND Code of Practice would also be updated to clarify responsibilities and refresh the four broad areas of need.
A strengthened graduated support model
The graduated approach would be formalised into four defined layers:
- Universal
Expected to be delivered by all schools, offering high-quality adaptive teaching, inclusive curriculum design, early intervention and a culture of belonging, with the expectation that most children’s needs are met at this level. - Targeted
Structured, evidence-based interventions delivered by school staff, such as reasonable adjustments. - Targeted Plus
Specialist support, drawing on specialist external input where required and including short-term placement at alternative provision if needed. - Specialist
Provision for children and young people with the most complex needs, delivered through nationally defined Specialist Provision Packages (SPPs) and underpinned by an EHCP.
For children receiving Targeted, Targeted Plus or Specialist support, schools would develop digital Individual Support Plans (ISPs). These plans would set out day-to-day provision, reasonable adjustments and intended outcomes, and would be reviewed at least annually.
Over time, the Government expects ISPs to become integrated across services.
Specialist Provision Packages
Specialist Provision Packages are proposed as nationally defined, evidence-based frameworks setting out the interventions, resources and standards required for children with complex needs.
Under the proposed model:
- EHCPs would guarantee access to the relevant Specialist Provision Package.
- Detailed day-to-day educational provision would be set out in the Individual Support Plan rather than specified extensively within the EHCP itself.
The aim is to improve national consistency, reduce variation in drafting and provide greater clarity around entitlements.
Tribunal and dispute reform
Parents would retain the right to appeal to the Tribunal if they disagree with a local authority decision regarding eligibility for specialist provision or placement.
However, a significant proposed change is that Tribunals would no longer name a specific school or college in the event of a successful appeal. Instead, the Tribunal would determine whether the local authority’s decision was reasonable and, if necessary, quash that decision and require it to be reconsidered.
Information relating to special educational needs and provision would be considered within appeals about Specialist Provision Packages or placements, rather than as separate elements of an EHCP dispute.
Alongside this, a new digital complaints system is proposed to simplify processes and improve coordination across bodies.
Building mainstream capacity
The reform programme places strong emphasis on strengthening mainstream capacity to meet needs earlier and more effectively.
Key elements include:
- A national SEND workforce training programme for education staff.
- Introduction of an Inclusive Mainstream Fund of £1.6 billion over 3 years.
- The “Experts at Hand” programme, bringing specialist services, such as educational psychology, occupational therapy and speech and language therapy, directly into settings.
- Significant capital investment to create 60,000 additional SEND places across special schools and inclusion bases.
The Government has indicated an expectation that, over time, every secondary school will have an inclusion base, with an equivalent number of places across primary provision.
The policy intention is that improved access to specialist expertise and better-funded mainstream provision will reduce reliance on statutory processes.
Reform of EHCPs and transition arrangements
If legislation proceeds, EHCPs would remain but would be more tightly linked to Specialist Provision Packages and the defined threshold for complex need.
Children with existing EHCPs at the point legislation comes into force would retain their plan until the end of their current educational phase. Transition to the new system would occur gradually at natural transfer points, such as primary to secondary or secondary to post-16, beginning from 2030.
The first new assessments under the reformed framework are expected from September 2029, subject to legislative approval.
Implications for schools
For all schools, the reforms signal:
- Greater emphasis on evidence-based inclusive practice
- Clearer articulation of how resources are used to support pupils with SEND
- Increased consistency in thresholds and decision-making
- A stronger link between accountability, inspection and inclusion
For independent special schools, the consultation also proposes:
- A statutory definition and national standards framework
- Alignment of admissions duties
- Introduction of nationally defined funding bands
- Increased transparency in commissioning arrangements
- Potential powers to restrict expansion where demand is not evidenced
It is not yet clear how, or to what extent, the proposed changes would apply to independent schools. The precise application of these proposals across different sectors will depend on final legislation and guidance.
Timeline
The implementation programme is explicitly phased:
- 2026–2028: Workforce training, publication of National Inclusion Standards and Specialist Provision Packages, and investment in system capacity.
- 2028–2029: Anticipated introduction of new legislation.
- September 2029 onwards: First assessments under the new framework.
- From 2030: Gradual transition of existing EHCPs at phase transfer points.
All timescales remain subject to consultation and Parliamentary approval.
A system in transition
The reform programme represents an attempt to rebalance the SEND system towards earlier intervention, greater national consistency and stronger mainstream inclusion, while maintaining statutory protection for children with the most complex needs.
At this stage, no immediate operational changes are required. Schools should remain informed, engage with the consultation where appropriate, and consider how the proposed direction of travel aligns with their current inclusive practice.
The consultation period provides an opportunity for the sector to shape the future framework, and schools of all types will have a stake in how that system ultimately evolves.
We at VWV are keeping a watching brief and will share our further thoughts with you as details emerge. Keep an eye out for our further articles, commentary and legislation tracker.
Should you have any queries about any of the changes, please contact James Garside in our Regulatory Compliance 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.
