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Home News Europe United Kingdom Education

SEND reforms expand legal rights for pupils

Government plans new Individual Support Plans for children with special educational needs, aiming to improve support, inclusion, and long-term outcomes nationwide.

THX News by THX News
4 months ago
in Education
Reading Time: 8 mins read
A A
The Rt Hon Bridget Phillipson MP in a classroom. Photo by Simon Dawson.

The Rt Hon Bridget Phillipson MP in a classroom. Photo by Simon Dawson.

Table of Contents

Toggle
  • New legal requirement for Individual Support Plans
    • Relationship between ISPs and existing EHCP system
  • Transitional protections for current pupils
    • Investment and support services in schools
    • Funding and delivery commitments
    • Planned system design changes
  • Changes to complaints, mediation, and legal safeguards
    • Regulation of specialist and independent provision
  • Long-term vision for an inclusive education system
    • Stakeholder Comments
    • To Sum Up

Across England, many families seeking additional educational support report uneven access and varying levels of provision between schools and areas. Official figures indicate a large proportion of pupils with additional needs do not currently have legally enforceable entitlements within the school system.

The Department for Education, led by Education Secretary Bridget Phillipson, has announced reforms to expand legal rights for children with special educational needs and disabilities (SEND). The plans include a new legal requirement for schools to create Individual Support Plans (ISPs) for all children with SEND, while retaining and improving Education, Health and Care Plans (EHCPs).

 

New legal requirement for Individual Support Plans

The government said it will introduce a new legal requirement for schools to create Individual Support Plans (ISPs) for all children with SEND. It said the change is intended to extend enforceable rights to pupils who currently do not have legal entitlements in place.

The Department for Education said every ISP will draw from a national framework of high-quality interventions, and will be personalised by the teachers and specialists working with the child. It said support should be accessible routinely and without families having to pursue it through repeated disputes.

  • Universal plan for SEND pupils
  • Based on a national intervention framework
  • Personalised by school staff and specialists
  • Designed to be available without prolonged disputes

 

Relationship between ISPs and existing EHCP system

The Department for Education said Education, Health and Care Plans (EHCPs) will be retained and improved under the proposals. It said EHCPs will continue to offer a wider legal entitlement for children who need more intensive or complex support than schools can routinely provide.

The government said the legal entitlement within an EHCP will be based on specialist provision packages, intended to improve consistency of support. It also said children with EHCPs will have an ISP setting out how provision is delivered day-to-day by their school.

 

Transitional protections for current pupils

The government said a set of transitional protections will apply so that no child loses effective support already in place. It said these measures are intended to provide continuity as the system changes.

It said every child who has a special school place in 2029 will be able to keep it if they wish until they finish education. It also said transition for children in mainstream currently on EHCPs, who may be best supported by an ISP in future, would begin from 2030 once the new inclusive mainstream system has been built, and only as children naturally move between phases.

The Department for Education also said ISPs will be in place for children transitioning from an EHCP before they move to the new system, to avoid any break in support. It added that pupils in year 3 now, or older, will not move to an ISP if they do not want to until the end of secondary school.

 

Investment and support services in schools

The government said the reforms are backed by investment in services such as speech and language therapy and small-group teaching in schools. It said the aim is to expand support and capacity in mainstream settings, alongside growth in specialist provision.

The Department for Education said teachers and support staff will be trained to meet the needs of children with SEND, based on the latest evidence, supported by £200 million.

It also set out plans for dedicated funding through a £1.6 billion inclusion grant, an expected expansion of specialist places supported by £3.7 billion investment, and an “Experts at Hand” programme backed by £1.8 billion to strengthen access to additional support.

  • Training for teachers and support staff
  • Dedicated funding for inclusion programmes
  • Expansion of specialist places and capacity
  • Additional expert support for schools and families

 

Funding and delivery commitments

£200 million Training for teachers and support staff to better meet SEND needs, based on the latest evidence.
£1.6 billion inclusion grant Dedicated funding for schools to deliver programmes such as small-group speech and language support.
£3.7 billion Investment to create over 60,000 more specialist places, including inclusion bases in secondary schools over time.
£1.8 billion “Experts at Hand” Support intended to provide additional expertise, including educational psychologists, for children with more severe behavioural and processing needs.

Planned system design changes

Individual Support Plans Legal requirement for schools to create ISPs for all children with SEND, drawing from a national framework of interventions.
EHCP improvements EHCPs retained for more intensive or complex needs, with specialist provision packages forming the basis of legal entitlement.
Digitisation Plans to digitise EHCPs and ISPs to reduce bureaucracy and increase transparency.
Complaints and mediation Updated complaints process with an independent SEND expert on panels, alongside strengthened mediation services.

 

Changes to complaints, mediation, and legal safeguards

The Department for Education said the school complaints process will be updated, including adding an independent SEND expert to the complaints panel where there are concerns about a school granting an ISP or the content of an ISP. It said these changes are intended to improve routes for families to raise concerns earlier.

The government also said the SEND tribunal will continue as a legal backstop, with parents retaining the ability to appeal decisions about assessment for specialist provision packages, the support package a child should receive, and which school a child should attend. It said strengthened mediation services and an improved complaints process are intended to help resolve concerns earlier and reduce the number of cases reaching tribunal.

  • Independent SEND expert on complaints panels
  • Tribunal role retained for appeals
  • Strengthened mediation services
  • Earlier resolution through updated processes

 

Regulation of specialist and independent provision

The government said specialist provision packages will be published later in 2026 and designed with independent experts and parents, to guide provision in specialist places in mainstream and special schools. It said these packages are intended to improve quality and consistency across the country.

It also said independent special schools will be brought under a new regulatory regime, intended to ensure they deliver the support set out in packages at a fair and reasonable price.

The Department for Education said parents of children moving from primary to secondary in mainstream, where an EHCP-to-ISP transition is relevant, will be able to choose the school they wish to move to.

 

Long-term vision for an inclusive education system

The Department for Education said the reforms form part of a decade-long mission set out in the white paper to make children and families feel engaged and included in a system designed to meet a wider range of needs. It said the objective is for families to be able to send their child to a local school with confidence.

Education Secretary Bridget Phillipson said the current SEND system was designed for a smaller number of children and is no longer meeting demand. The government said the reforms are intended to move support from being difficult to access to being routine, transparent, and consistently delivered across schools.

 

Stakeholder Comments

Ministerial Comments

Bridget Phillipson, Education Secretary said;

“The SEND system designed 10 years ago for a small number of children is now broken. Parents end up fighting tooth and nail for entitlements on paper that don’t see them getting additional support.”

 

Paul Whiteman, General Secretary of the National Association of Head Teachers (NAHT) said;

“We welcome the publication of the government’s white paper today, and are optimistic that it contains the foundation of a successful new approach to education and support for children with SEND.”

 

Dame Rachel de Souza, Children’s Commissioner said;

“Children with additional needs and their families deserve clarity, so I welcome this commitment for a system that wants to prioritise children’s rights – instead of one that has failed them for far too long.”

 

Pepe Di’Iasio, General Secretary of the Association of School and College Leaders (ASCL) said;

“The government’s plan to build more support in mainstream schools, invest in professional development, prioritise early intervention, and provide better access to educational psychologists and speech and language therapists is the right way to go.”

 

Amanda Allard, Council for Disabled Children said;

“We welcome the scale of vision contained in the white paper which has the potential to create an education system that fully values children and young people with additional needs and their families.”

 

To Sum Up

The Department for Education said the reforms will be taken forward through the schools white paper, Every child achieving and thriving, published on 23 February 2026.

It said ISPs would expand enforceable support for children with SEND, while EHCPs would remain for those needing more intensive or complex provision. The government also set out protections intended to prevent disruption for current pupils as the system changes.

 

Sources: Department for Education and The Rt Hon Bridget Phillipson MP.

 

Prepared by Ivan Alexander Golden, Founder of THX News, an independent news organisation delivering timely insights from global official sources. Combines AI-analysed research with human-edited accuracy and context.

 

Tags: Education PolicyEHCPschool supportspecial education
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