⚠️ Not legal advice. This guide explains the White Paper proposals in plain English. For legal advice about your child's specific rights, contact IPSEA or IASK Kent. Read our disclaimer
⚖️ Rights 🎓 Education 📋 EHCP

SEND White Paper 2026: What the EHCP Changes Actually Mean for Your Family

What the government proposed on 23 February 2026, what current EHCP law still says, and the position after the formal consultation closed on 18 May 2026.

📅 Facts checked: 26 July 2026 ⏱ 12 min read ✍️ Written by a Kent parent

England: source corrections on 22 September 2026. The February White Paper and consultation did not themselves change EHCP eligibility or remove an existing plan. Later implementation guidance does describe support and funding being introduced now. This page separates those developments from proposals for future legislation; it is an editorial source check, not qualified legal advice.

Start with the current final plan

A White Paper is a statement of policy. Its publication does not amend the needs, provision or placement in an individual EHCP. Keep the current final plan, any later amendments, review correspondence and decisions together, so you can distinguish an actual legal decision from a general reform announcement.

Existing plans remain subject to current law, including review, amendment and cessation. It would also be misleading to promise that no plan can lawfully change before a proposed reform date. The council must follow the applicable legal process and explain any right to challenge its decision.

Proposed future protection is different from a current legal guarantee

The February SEND consultation proposed a staged transition involving Specialist Provision Packages and Individual Support Plans. It described no reform-related changes to existing EHCP support before at least September 2030 and phase-based protections. These were policy proposals; an individual’s later rights depend on legislation, commencement and transition provisions actually in force.

If the council says your plan is changing

  1. Ask for the written decision and the current legal basis.
  2. Check whether this is an annual-review decision, an amendment notice, a new final plan or a decision to cease maintaining the plan.
  3. Record the date, representations period, appeal right and mediation requirements that apply.
  4. Get advice promptly. A complaint or a request for another meeting does not automatically extend an appeal deadline.

Use the annual-review guide, EHCP checklist and appeal guide to prepare questions. The later of two months from the decision letter or one month from the mediation certificate is the usual appeal limit where that certificate is required; check the decision and exact appeal route.

If support is missing rather than the plan changing

Section 42 requires the local authority to secure specified special educational provision in a plan it maintains, subject to the statutory exceptions. The Tribunal hears specified appeals against decisions and plan contents; non-delivery of existing provision generally needs a different complaint or public-law route. Seek advice promptly for urgent or continuing loss of education.

Experts at Hand guidance says the developing service is additional to existing statutory support. A school-wide inclusion strategy or funding programme does not replace the individual EHCP.

Frequently asked questions

Should I pause a current assessment request?

Do not delay solely because of proposed reform. The current assessment and plan tests continue to be the starting point.

Can a Kent pilot override the law?

A local announcement does not itself change national statutory duties. Ask for the published scope and legal basis, and get advice about an actual decision.

Where can I get help?

IASK’s helpline is 03000 41 3000. IPSEA’s current helpline page explains call-in and appointment arrangements, which can change. Both are independent of this website.

Official updates to follow

The main SEND consultation closed on 18 May 2026. Two separate consultations on upfront mainstream funding and education otherwise than at school closed on 18 September 2026. Their closure does not itself enact a rule. Check the official publication records for responses, legislation and guidance.

Check IPSEA’s current helpline arrangements · checked 7 September 2026.