Schools White Paper & SEND Reform

A white paper is a formal policy document published by the Government setting out proposals for future legislation. It signals what ministers intend to do but does not itself change the law.

The schools white paper, Every Child Achieving and Thriving, was published on 23 February 2026. It covers a range of reforms to mainstream and specialist education in England, including the most significant overhaul of the SEND system since the Children and Families Act 2014.

Before any of these SEND changes take effect there must still be:

• The Government's response to the consultation that closed in May 2026;
• A bill introduced to Parliament and debated by both Houses;
• Royal Assent turning the bill into an Act; and
• Statutory instruments and updated guidance (including a revised SEND Code of Practice) to commence the provisions.

Until each stage is complete, your current legal rights stand, including the right to request an EHC needs assessment, to receive a lawful EHCP, and to appeal to the First-tier Tribunal (SEND).

The Children's Wellbeing and Schools Act 2026 (Royal Assent 29 April 2026) is now law. It does not change the EHCP system, but it does change some school rules that can affect children with SEN. Most of these still need commencement regulations and guidance before they take effect.

• Home education ("children not in school"): the Act (Part 2) creates a mandatory local-authority register of children not in school, and will require local-authority consent before some children can be withdrawn from school to be home educated, including children at a special school and children known to children's social care, with meetings to discuss the reasons. These provisions are not yet in force. They do not change your EHCP rights, but if you home educate, or are considering it, this is the part of the new Act most likely to affect you. Watch for the commencement date and guidance.
• School attendance: the Act creates a new school attendance order framework (replacing the old rules in sections 437–443 of the Education Act 1996), and separately adds a duty (section 61, inserting a new section 19B of the Education Act 1996) requiring schools to co-operate with the local authority over the supply of suitable school places. The council's core duty to arrange suitable education for children who cannot attend (section 19 of the Education Act 1996) is unchanged.
• Allergy safety: the Act (section 34) requires schools to have an allergy safety policy, expected to apply from September 2026. (This is sometimes called "Benedict's Law".)

None of these provisions changes the EHCP framework in Part 3 of the Children and Families Act 2014 or the SEND rights set out below.

Regardless of any white paper proposals, the following rights currently apply in England:

• Request an EHC needs assessment: parents, young people over 16, and schools can all make a request (s.36 Children and Families Act 2014). The LA has 6 weeks to decide whether to assess (reg. 5, SEND Regulations 2014).
• A lawful EHCP within 20 weeks: from request to final plan, unless a statutory exception applies (Reg. 13, SEND Regulations 2014).
• Specified and quantified provision: Section F must set out precisely what provision is required; vague wording is unlawful.
• Parental preference: you can name a preferred school in Section I, and the LA must name it unless a statutory exception applies.
• Annual reviews: EHCPs must be reviewed at least every 12 months (s.44).
• Appeals to the First-tier Tribunal (SEND): against refusal to assess, refusal to issue a plan, the contents of sections B, F and I, and ceasing to maintain (s.51).
• Section 19 duty: the LA must arrange suitable education for children who cannot attend a school because of illness, exclusion or otherwise.

None of these rights is removed by a white paper. They can only be changed by Parliament through primary legislation, and none of them was changed by the Children's Wellbeing and Schools Act 2026. They remain in force today.