The 2026 SEND White Paper Explained: What Actually Changes for EHCPs (and When)

Updated 4 July 2026 · Legal citations verified against legislation.gov.uk

On 23 February 2026 the government published its schools white paper, "Every Child Achieving and Thriving". The headlines that followed left many parents frightened that EHC plans were about to disappear, and many others unsure whether there was any point starting an application. This guide sets out what the white paper actually proposes, what the timeline really is and what it all means if you are thinking about requesting an EHC needs assessment now. No panic and no clickbait: just the document, the dates and the law as it stands.

What the white paper proposes

Everything in this section is a proposal. None of it is in force, and all of it may change after the consultation. With that firmly in mind, the white paper proposes:

• An Individual Support Plan (ISP): a digital record of the day-to-day support a child with SEND receives, intended to sit beneath the level of a statutory EHC plan.
• EHCPs reserved for the most complex needs: in the reformed system the white paper envisages, EHC plans would continue to exist but would be focused on children whose needs are most complex.
• Wider school funding and support in the meantime: investment in mainstream schools' capacity to meet needs earlier, before families reach the statutory system.

A consultation, "SEND reform: putting children and young people first", ran alongside the white paper and closed on 18 May 2026. At the time of writing the government has not published its response. How "most complex needs" would be defined, what legal weight an ISP would carry and how any transition would work are all questions the white paper does not answer. Anyone who tells you they know is guessing, and we will not do that here.

The timeline reality

Two dates matter more than every headline written about this document:

• 18 May 2026: the consultation closed. The proposals may change as a result, and the government's response is still pending.
• September 2030 at the earliest: the white paper is explicit that there will be no changes to the support children receive through EHCPs before at least September 2030.

Turning any of this into reality would also require new legislation to pass through Parliament. A white paper is a statement of intended policy. It changes nothing by itself, and the Children and Families Act 2014 applies in full today.

What it means if you are thinking of applying now

Every part of the current system is running exactly as before. Your right to request an assessment under section 36(1), the deliberately low "has or may have" test in section 36(8), the 6 week decision deadline in regulation 5(1) of the SEND Regulations 2014 and the 20 week deadline for a final plan in regulation 13 are all untouched. So is the free right of appeal to the First-tier Tribunal (SEND), where 99% of appeals decided in 2024/25 went in the family's favour.

The system is not winding down while it waits for reform. The Department for Education's January 2026 figures show the opposite: 718,800 children and young people had an EHC plan at January 2026, up 12.5% in a year and the largest annual rise since 2014; councils received 162,700 assessment requests during 2025 and issued 110,700 new plans, up 13.3% on the year before.

Given all that, acting now under the known system is the sensible course if your child needs support. The rules are settled, the deadlines are fixed and enforceable, and a plan issued now carries the white paper's own commitment that the support it delivers will not change before at least September 2030. Waiting, by contrast, buys nothing except lost terms. Our step-by-step request guide and the 20 week timeline cover the process end to end.

The trap: "there's no point, it's all changing"

Here is the part to be alert to. Some parents are already hearing versions of "we're holding off because of the reforms", "EHCPs are being phased out, try the new support route" or "the panel is waiting for the white paper outcome". However it is phrased, the legal position is the same: a school or council citing the white paper as a reason to refuse or delay support today has no legal basis for doing so.

Councils must decide every request under the Children and Families Act 2014 and the SEND Regulations 2014 as they stand. The section 36(8) test is unchanged, the 6 week clock is unchanged and a proposal in a policy document cannot override either. A blanket approach of pausing or deprioritising requests because reform is coming would be unlawful in the same way any blanket policy that displaces the statutory test is; our guide to unlawful blanket policies explains why.

How to respond if it happens to you

1. Get it in writing. Ask the school or council to confirm by email exactly what is being refused or delayed and on what legal basis.
2. Reply on the law. Note that the white paper contains proposals subject to consultation, that it commits to no EHCP changes before at least September 2030 and that the Children and Families Act 2014 applies in full today. Restate the section 36(8) test and, if you have made a request, the 6 week deadline in regulation 5(1).
3. Keep your request moving. A white paper is not a ground for refusing to assess. If the council issues a formal refusal, you can appeal to the First-tier Tribunal (SEND) on form SEND35A within 2 months of the decision or 1 month of a mediation certificate, whichever is later. There is no fee and refusal-to-assess appeals are normally decided on the papers. Our appeal guide walks through every step.

To be fair to schools and councils, most are not doing this. But knowing the answer before you hear the line means you never lose a term to it.

What we still do not know

Honesty requires a short list of open questions. We do not know how the government will respond to the consultation, how the proposals will change, how "most complex needs" would be defined, what legal status ISPs would have or what any transition for existing plans would look like beyond the September 2030 commitment. When the consultation response is published we will update this guide. Until then, the only safe basis for decisions about your child is the law in force, and that law is unchanged.

Frequently asked questions