Proposed, happening now, or law?
Most coverage mixes three different things. It helps to keep them apart.
- The law today. Part 3 of the Children and Families Act 2014 and the SEND Code of Practice 2015 still apply in full: SEN support, the graduated approach, EHC needs assessments, EHCPs and the right to appeal to the Tribunal.
- Proposals. The Schools White Paper and the SEND consultation, published on 23 February 2026, set out a new system. None of it is law. Most of it needs new legislation, which hasn’t been introduced.
- Changes already happening. Funding, training and new services are being rolled out before legislation. They don’t change anyone’s legal rights.
The consultation itself says: “Until new legislation comes into force, the current system will remain in place, including all existing duties, rights, and funding routes.”
What’s proposed
The white paper, Every child achieving and thriving, and the consultation, SEND reform: putting children and young people first, propose:
- Three layers of support above what every child gets: Targeted (small-group interventions delivered by school staff), Targeted Plus (expert help in school through a new Experts at Hand service) and Specialist (nationally defined Specialist Provision Packages).
- Individual Support Plans (ISPs) for every child with SEND: a digital record of their needs and the support the school provides, developed with parents.
- EHCPs kept for the most complex needs. The provision in a Specialist Provision Package would underpin the entitlements in an EHCP.
- National Inclusion Standards setting out evidence-informed approaches for identifying and meeting needs.
- An Inclusion Base in every secondary school, either a Specialist Base offering Specialist Provision Packages or a Support Base.
- Local groups of schools pooling funding and resources.
- More funding in school budgets, rebalanced from the high needs block after legislation, starting in the 2029/30 financial year.
- Tribunal rights kept. Families would still be able to appeal, including against a decision that a child doesn’t meet the threshold for a Specialist Provision Package, with more use of mediation first.
The proposed timeline
The DfE’s fact sheet for mainstream schools sets out three phases:
- Phase one, 2026 to 2028: training for all staff, the Inclusive Mainstream Fund, Experts at Hand for all settings, and publication of Specialist Provision Packages and the National Inclusion Standards.
- Phase two, 2028 to 2029: further investment, with new legislation “expected to come into effect from September 2029”.
- Phase three, 2029/30 onwards: the first assessments under the new system and the first children using Specialist Provision Packages.
For children who already have an EHCP, the consultation says all existing EHCPs and protections “will remain in place until September 2030”, and that changes would only happen at the end of a phase of education (primary, secondary or post-16) or if the family chooses to move to the new system. Children with a special school place in September 2029 would be able to stay until the end of their education, unless they choose to move to mainstream.
These dates depend on legislation that hasn’t been introduced, so they could change.
Where it stands (October 2026)
- The consultation closed on 18 May 2026.
- The government response had not been published when we checked GOV.UK on 20 October 2026. On 15 October 2026 the Education Secretary said: “We’re working through the response to the SEND consultation - and we’ve got to do this properly and get this right.”
- The government hasn’t introduced a bill to make these changes. We checked the Parliament bills list on 20 October 2026.
What’s already happening in schools
These changes are under way now, without new legislation:
- Inclusive Mainstream Fund. Schools receive a share of the fund. The DfE fact sheet puts it at more than £500 million a year over three years across early years, schools and colleges.
- Inclusion strategy by 31 December 2026. Under the fund’s conditions of grant, each school must publish an inclusion strategy on its website by 31 December 2026, covering the barriers to learning in its cohort, what it is investing in, intended outcomes and budgeted costs. The DfE has published a template.
- SEND training. The first free training materials for schools were published in September 2026. The DfE says fully funded courses for teachers, leaders and teaching assistants will start in autumn 2027.
- Experts at Hand. Local areas began rolling out the first parts of their offer from September 2026, bringing specialists such as speech and language therapists and educational psychologists into mainstream settings. The DfE says it must never replace support set out in an EHCP.
- Inclusion bases. New guidance and capital funding to set up bases in mainstream schools.
Pupil voice under the current system and the proposals
The duty to hear children with SEND is already in law. Section 19 of the Children and Families Act 2014 says local authorities must have regard to the views, wishes and feelings of the child and their parents, and the importance of them taking part “as fully as possible” in decisions. The SEND Code of Practice opens with this principle (paragraph 1.1), and schools must have regard to the Code. For SEN support, it says schools should gather the pupil’s views when deciding whether a child has SEN (paragraph 6.19), when reviewing support (paragraph 6.54) and in the regular meetings with parents, with the outcome recorded (paragraphs 6.70 and 6.71).
The consultation keeps this direction. Under “Children and families at the centre”, it says children, young people and their families “will be engaged in the development of their ISPs”, and that “the voices of children and parents will be included in decision-making”. It also promised a new Pupil Engagement Framework in summer 2026 to understand children’s day-to-day experiences of school. We couldn’t find it published on GOV.UK when we checked on 20 October 2026.
Hearing a pupil with SEND matters for safeguarding too. KCSIE 2026 names communication barriers, and adults assuming that changes in behaviour or mood are part of a child’s condition, as reasons abuse can go unnoticed (paragraph 249). See our guide to the voice of the child for practical ways to hear and record it, including for children who don’t use speech.
What schools should do now
- Keep meeting current duties. SEN support, the graduated approach, EHCP reviews and requests for EHC needs assessments all work as before. Don’t tell families a child “won’t need” an EHCP because of the reforms.
- Publish your inclusion strategy by 31 December 2026 if you receive the Inclusive Mainstream Fund.
- Get your records in order. Under the proposals, ISPs would be digital and follow the child. Clear records of needs, provision and reviews now will make any move easier.
- Remember the safeguarding link. Children with SEND face extra safeguarding risks, and Keeping children safe in education 2026 asks DSLs to be alert to their needs, including online. The SENCO and the DSL should keep talking whatever the reforms bring.
We’ll update this page when the government response is published.