EdCon2026: SEND and the white paper
England's special educational needs and disabilities (SEND) system is under significant strain.
As part of our EdCon2026 series, we explore the current SEND system, what the UK Government’s white paper proposes on SEND, and the implications for schools and sector leaders.
The state of the current SEND system
Our summer 2025 School Leaders Survey showed that 9 in 10 school leaders remain dissatisfied with the state of SEND funding.
The problems are well-documented and wide-ranging: there are not enough special schools, insufficient resource in mainstream settings, more complex needs and increased diagnosis, growing local authority deficit budgets, and long waiting lists for services resulting in late support. Tribunal backlogs, rising complaints from parents, and increased disability discrimination claims and SEND appeals are all placing enormous pressure on the system.
The situation is compounded by a system in which the level of support a child receives is too often determined by how hard their family is willing to fight for it.
Data published in January 2026 on post-16 destinations shows a persistent and significant gap - around 6 to 8 percentage points - between children with and without special educational needs sustaining a post-16 destination.
The white paper: Key headlines
The white paper is built around five reform principles: early, local, fair, effective, and shared.
At its heart, the white paper proposes that more children's SEND needs should be met in mainstream schools, supported by a new layered support system that devolves more responsibility and funding to school level through Individual Support Plans (ISPs).
New specialist support packages will be introduced, and by 2035, Education, Health and Care Plans (EHCPs) will be reserved only for children with the most complex needs. A new SEND Code of Practice and National Inclusion Standards will underpin the reforms, backed by a £4bn investment package over four years.
A new layered support system
The white paper proposes a new tiered model of support. At the foundation is the continuation of the ‘Universal Offer’, available to all pupils.
Above that sits ‘Targeted Support’, which involves additional help for pupils on the SEN register.
‘Targeted Plus’ provides structured, evidence-based interventions in mainstream schools, drawing on a new 'Experts at Hand' service. Children at this level may also be educated in an inclusion base.
At the highest level, ‘Specialist’ provision is for children with complex needs, delivered through new Specialist Provision Packages, which will form the basis of EHCPs. The EHCP will guarantee statutory entitlements to the educational provision set out in the relevant package.
The new SEND code of practice and national inclusion standards
A new SEND code of practice will place a stronger emphasis on an evidence-based, 'support first' approach. All schools will be required to ensure all staff receive training on SEND and inclusion as part of a 'whole-setting commitment to inclusion'.
The SENCO role is set to become more strategic and less administrative, with more digital processes, albeit how that sits with schools being responsible for ISPs isn’t yet clear. The current four broad areas of need will be replaced with new areas of development.
Ofsted will grade inclusion, examining how highly leaders set expectations and whether the right support is in place. The expectation, over time, is that every secondary school will have an inclusion base, with an equivalent number of places in local primary schools.
National Inclusion Standards, expected after 2028, will take the form of a digital library of high-quality identification tools and provision covering all layers of support for children with SEND.
The £4bn investment package
The white paper is backed by a substantial investment package spanning four years. The key components are as follows:
- Inclusive mainstream fund: £1.6bn over three years from 2026/27, aimed at making mainstream settings more inclusive.
- Experts at hand: £1.8bn over three years to provide schools with access to speech and language therapists and educational psychologists.
- SEND workforce CPD: Over £200m over three years to fund whole-staff training on SEND and inclusion across all settings.
- National Inclusion Standards: Up to £15m by 2028 to develop the digital library of identification tools and evidence-based provision.
- New specialist places: £3bn over four years to create 50,000 new inclusion base and specialist places in mainstream schools.
- SEND practitioners in family hubs: Over £200m over three years to place dedicated SEND practitioners in every Best Start Family Hub.
Implications for schools
The presumption towards mainstream placement remains, and changes to EHCP consultations propose to introduce a wider set of considerations, including whether a school is full, available resources, value for money, and fairness. With Tribunal powers proposed to be scaled back and unable to make directions on placement, there is concern that schools will face increasing challenge from parents on SEN support.
If enacted, the reforms carry significant practical consequences for school leaders, including:
- A new statutory duty on schools to put digital ISPs in place for pupils in receipt of Targeted or Specialist Support, setting out day-to-day educational provision and reviewed annually. Schools will also have a statutory duty to record and monitor SEN and provision through an ISP, which may be scrutinised by Ofsted.
- An expectation that all staff receive SEND and Inclusion training from September 2026.
- A shift to a more strategic role for the SENCO and the requirement to publish an annual Inclusion Strategy, replacing SEN Information Reports, outlining the deployment of inclusion resources, subject to oversight and challenge.
- An expectation for all schools to join a local SEND group over the next three years
- Revised Ofsted accountability which will see inclusion performance form part of report cards, with schools assessed on how effectively they meet the needs of pupils with SEND.
- Meeting requirements around curriculum adaptation and transition planning between early years settings and schools.
- A requirement to ensure an independent SEN specialist sits on any stage 3 complaints panels involving SEN.
Timescales for change
This is a decade-long reform programme. New legislation is not expected to come into effect until 2028/2029, and the current SEND system, including all existing duties, rights, and funding routes, will remain in place in the meantime.
The first cohort of children and young people to transition to the new system will be those at the end of primary, secondary, and post-16 in 2029/30.
In the shorter term:
- The DfE has now released its consultation on new guidance on supporting pupils with medical conditions and new practical guidance on reasonable adjustments is forthcoming.
- Whole-staff SEND and Inclusion government-funded training is expected from September 2026.
- Schools should prepare for SEND reforms from 2026/27, with full implementation from 2028/29.
What should school leaders do now?
Leaders should start by understanding their current SEND picture, including who’s on their SEND register, what support they receive, and how it is documented.
They should prepare for the ISP duty by reviewing current recording systems now; these will need to be digital and co-produced with parents.
Engaging with the local authority is also essential, and leaders should find out how their LA is planning for Inclusion Bases, the Experts at Hand service, and the Local Inclusion Plan in their area.
The formal consultation is the opportunity for schools to shape the final design of these proposals, and leaders are strongly encouraged to respond by the deadline of 18 May.
Finally, governors and trustees should be briefed as these changes touch every part of school life, not just the SEND team.
We’re here to help. To discuss this topic further and your specific circumstances, please get in touch. In the meantime, we provide key resources for school leaders looking to seek guidance around SEND, including a support pack and CPD training.
Contact
Philip Wood
Partner
philip.wood@brownejacobson.com
+44 (0)330 045 2274
Hayley O'Sullivan
Principal Associate
hayley.o'sullivan@brownejacobson.com
+44 (0)121 237 3994
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