Schools White Paper: SEND reform, behaviour changes and other expectations

Since the government announced the Schools White Paper in the Spending Review, education leaders have been anticipating significant changes to SEND provision, pupil behaviour policies, and school accountability. Here's what school leaders should expect and prepare for.

Key takeaways for school leaders

• SEND reform will likely shift more responsibility to mainstream schools for pupils with special educational needs.
• Changes may only apply to new Education, Health and Care Plan (EHCP) applications, potentially creating a two-tier system.
• New behaviour management expectations may place greater emphasis on parental responsibility.
• School complaints processes are set for streamlining to reduce duplication across multiple bodies.

SEND reform

The biggest element that we know about is SEND reform, a topic that has been on the reform agenda for some time given the issues at a system level that no government has wanted to grasp. 

The 2011 Green Paper on SEND reform highlighted many issues that persist today, including parents feeling they must battle for appropriate provision. While rising costs are driving reform, the fundamental problem remains that outcomes for pupils with SEND are inadequate – making this more than just a budget issue.

What changes are expected for schools?

Sector reports and government leaks suggest significant changes ahead: more SEND provision in mainstream schools, specialist provision reserved for pupils who truly need it, and EHCPs potentially limited to pupils in special schools. However, the Education Select Committee Report advocates maintaining much of the current system while providing additional funding, staff training, and increased health service responsibilities.

Any fundamental change would take time, with likely significant lead-in times, but this will not be a case of simply changing the law and being done. It will require a fundamental re-think on how provision is provided to pupils and what we mean by inclusion at a school level, as well as the building of capacity across the system to support mainstream schools. It’s not clear that DfE has really understood the cost and challenges of such a change. 

Schools should expect increased pressure in the short term. If changes only apply to new EHCP applicants (as rumoured), the current system could become more backlogged. School leaders may see a surge in Education, Health and Care Need Assessment requests as parents rush to secure provision under current arrangements.

Preparing for legal and practical challenges

While the EHCP system has significant flaws – being costly, slow, and often ineffective – the government must prepare for challenges to any perception that pupils' rights to provision are being weakened. School leaders should note that if provision takes years to obtain, it hardly constitutes a meaningful right.

There is some concern that if the changes do not have pupils at the centre and don’t convince parents of pupils with SEND, getting legislative reform through parliament could prove challenging given the lobbying and concern that will likely be expressed.

A shift toward school-based SEND obligations, limited EHCPs, and rumoured formula funding would transfer decisions about individual pupil provision from local authorities to schools. This represents a significant change in responsibility for school leadership teams.

Rising legal challenges: What schools need to know

Tribunal claims against schools for alleged Equality Act breaches, including reasonable adjustment duties, have increased by 187% over three years. Without well-managed dispute escalation processes, this trend could accelerate under new arrangements. 

While it was sensible that the government didn’t rush SEND reform, as the government will have been in place for 18 months by the time the White Paper is released (and the SEND challenges were well known before the election), we should expect the SEND elements to be reasonably detailed and thought through when it is released.

Pupil behaviour

The Secretary of State's August announcement on behaviour and attendance referenced White Paper plans to tackle poor behaviour, though specific details remain unclear.

The announcement mentioned school support and “continued” accountability, plus the often -overlooked role of parental responsibility. While schools would welcome greater emphasis on parental responsibility for behaviour, significant legislative changes to behaviour management, suspensions, or exclusions seem unlikely.

Streamlining school complaints

The government has committed to reviewing school complaints processes, particularly how complaints are made and resolved. Currently, significant duplication exists across different bodies handling school-related complaints, including the Teaching Regulation Agency. Clarification and reduced duplication would benefit schools facing increasing parental complaints across multiple external bodies.

The Secretary of State has also referenced clearer expectations for school-parent engagement and communication. While legislating such expectations would be inadvisable, guidance setting expectations for all parties could help. This should include better tools for schools to manage situations involving genuinely abusive parental behaviour, creating more balanced relationships.

Will the Schools White Paper provide a clear vision?

The government’s education changes to date lack a comprehensive vision for how the sector should function as a whole. This White Paper represents a crucial opportunity – potentially the last for some time – to provide that strategic direction.

In the context of significant SEND changes and inclusion agenda, the White Paper could unite previously peripheral changes, including those in the Children’s Wellbeing and Schools Bill, into a coherent framework.

The bottom line 

While the education sector awaits detailed proposals, the government's key challenge will be ensuring reforms genuinely improve outcomes for pupils with SEND rather than simply shifting costs and responsibilities around the system.

School leaders should prepare for significant changes to SEND provision, behaviour management expectations, and complaints processes while advocating for adequate support and resources to implement these changes effectively.