Every Child Achieving and Thriving: Reform of the Special Educational Needs and Disabilities (SEND) system in England

On 23 February 2026, the Government published a long awaited Schools White Paper. The Schools White Paper signals an intent to enact wide reaching education system reform, not least in its proposals for SEND reform. This represents an ambitious mission of inclusion, realigned funding streams, and a wholescale reset of how special educational provision is provided to pupils in England.

Whilst much of the focus to date has been on the far-reaching implications for the public sector – namely local authorities and health commissioners – those operating, funding and investing in the independent health, education and social care space will also want to understand the impact of the proposed reforms. The proposed reforms – if enacted - will present system-wide challenges and opportunities, as the wholesale redesign of education and SEND provision rolls out from now to 2029 at least. 

Every Child Achieving and Thriving – what is the Government’s plan for SEND reform?

It is important to note at the outset that the proposals outlined in the Schools White Paper are currently no more than that – everything outlined is subject to change, and alongside the White Paper, a consultation opened on SEND reform: putting children and young people first. This consultation is open for responses until 18 May 2026.

Once the consultation has closed any changes envisaged in the White Paper will need to be considered through parliamentary process –and new laws made. It remains to be seen exactly how the Government envisages the law to be changed, but its current indication is that the changes will take at least the remainder of the current Parliament (i.e. 2029 and onwards) to take full effect.

At the heart of the Schools White Paper is a vision of a universal offer of high-quality teaching and support for all - from early years to age 25 with inclusion at the core; high-quality adaptive teaching methods; early support, and opportunities for growth for every child and young person. 

To bring this vision into existence, the Government has announced the following:

• A three-tiered system of additional support above and beyond a renewed ‘Universal Offer’ - of high-quality teaching and support for all from early years to age 25.
  
  • Targeted - structured interventions, including small-group work or personalised teaching materials, which will be recorded in a digitalised Individual Support Plan (“ISP”).
  • Targeted Plus – children and young people who require more specialist support to remain in a mainstream setting. 
  • Specialist - with the most complex needs, there will be access to a range of seven ‘Specialist Provision Packages’ and which will be delivered through Education, Health and Care Plans (“EHCPs”).
• An ‘Experts at Hand’ service for schools to draw upon to provide the more specialist support required at Targeted Plus and above. This service comprising of a bank of external professionals (Speech and Language Therapists, and wider professionals) alongside more time-limited interventions at Alternative Provision or even a specialist setting.
• Every child receiving targeted or specialist support will have a digital plan – an ISP (and an EHCP for those receiving the highest tier of specialist support).
• A significant injection of funding– a commitment to invest £1.6 billion over the next three years – intended to make the mainstream system more inclusive (the Inclusive Mainstream Fund). 
• Changes to disagreement resolution: increased use of mediation with the SEND Tribunal retained as a backstop.
• Updates to regulatory oversight:
  • Ofsted and CQC Area SEND inspection frameworks will be revised to account for the evolving statutory roles that local authorities and ICBs will have in the SEND space.
  • Ofsted and CQC will retain their inspection role of health, education, and social care partners – including as relates to those operating as registered provision. 

It should be noted that these are just a flavour of the changes outlined in the consultation document and policy papers. 

Can the system deliver a universal offer of high-quality teaching and support?

The policy intent to reduce the reliance on the use of independent education providers (embodied by the Inclusive Mainstream Fund) may seem to represent a risk but given the current provision and apparent gaps in the market there are fundamental questions raised by the White Paper. 

•  How can the current education sector and its resource base manage and deliver the major infrastructure changes and redesign required without independent sector support? This is going to require estate investment, facilities building and clustering of schools and academies under a new governance and regulatory framework. 
• Further, in a system where there are already recruitment challenges and, in some areas, high turnover, how will the government manage the workforce implications of its SEND reform programme?
• Workforce implications extend beyond the training and upskilling of teaching professionals into the proposed Experts at Hand service. Local authority and health commissioner clients – with whom responsibility (currently) lies for securing both SEN needs assessments and consequently the provision required to meet those needs - already report significant delay and provision gaps within their local offers
• Local authorities in particular frequently need to turn to the independent sector to secure amongst other things autism/ADHD screening assessments; specialist occupational therapy equipment, and to provide wider wrap-around support to the families of those Children and Young People with SEN.
• Regulation has not kept up with these developments and some of the said activities are currently unregulated.

Where might this leave Independent Schools?

Across England there is a significant shortage of special school places. The proposals in the White Paper will greatly impact on the independent education sector not least through the introduction of ‘national price bands’ to standardise fees for identical provisions alongside establishing statutory SEND-specific standards.

Alongside this, it is proposed, the parental (or young person’s) right to express a preference for the setting which is to be named in the EHC Plan will be tightened.  Decision makers will be explicitly required to consider ‘overall value for money’ and the impact of making a single higher cost placement, on the ability to meet the needs of all children and young people in a local authority area. While again this raises risk it is hard to see how current high demand will be met without national price bands that are attractive to those investing in this sector.

What about the existing pinch points in the system?

The White Paper has been issued amongst the backdrop of a system that is already under immense pressure:

• There is a well-documented shortage of specialist treatment for children and young people with severe, complex, or acute mental health conditions. Young people are often sent far from home or are kept in unsuitable hospital in-patient settings.
• Whilst not directly addressed by the White Paper, there are potential knock-on effects for the provision of secure accommodation and specialised care to young people with SEN.
• Supported accommodation for care leavers or looked after children of 16-17 year olds (older in some cases) was until recently an unregulated market. There remain concerns that increased regulation will lead to a shortage of availability.

What comes next?

The changes will be rolled out in three phases stretching into 2028-29 and beyond:

• Phase 1 — until 2026/27: the DfE will publish new guidance during this period.
• Phase 2 — 2026- 28: education providers and local authorities expected to align their practice with the new SEND framework, with support of the DfE.
• Phase 3 — 2028/29 onwards: Full implementation – expected that the reforms will be bedded in as the new standard.

As noted above, there is an open consultation on the programme of SEND reform: putting children and young people first and this is now open for responses. Operators and investors may wish to respond to ensure that the independent sector’s views are represented alongside those of local authorities, commissioners, and education providers in the state system.

Our Children Law team will be drafting its response taking into the account the ambition and intention of the proposed reforms but highlighting the reality of meeting the high demands of provision to children and young people with SEN across health, education and social care. 

As a firm we advise and act for numerous operators and investors in the independent sector, alongside our breadth of experience advising public bodies who commission and oversee the delivery of SEND provision.

For further information about the work we do in this area please contact Amrita Hurst, Deborah Jeremiah, or Callum Scott.