SEND Reforms - the changing legal landscape

The upcoming SEND reforms are a topic many of you have no doubt been following closely.

In her Spending Review delivered to Parliament on 11th June 2025, the Chancellor of the Exchequer announced that £760 million would be allocated to reform the SEND system — with further details to be outlined in a white paper, expected this autumn.

Major changes are anticipated, though much speculation remains about what those changes might involve.

While most agree that the current SEND system is not functioning effectively and that reform is needed, there are serious concerns among parents, professionals, and campaigners about whether the government’s proposals might worsen the situation for children and young people with SEND — potentially eroding or even removing some of the key rights currently protected under law.

Financial Context

At present, high needs spending deficits from SEND budgets are not included on local authority (LA) general balance sheets. This is due to a statutory override, originally set to end in March 2026 but now extended until the end of the 2027–2028 financial year.

The purpose of this override is to prevent LAs from being declared bankrupt due to escalating SEND deficits — where the cost of providing necessary support exceeds the budget available. However, extending this override is not a long-term solution, nor does it provide any additional funding to LAs.

What We Know (So Far)

Although specific details have not yet been released, the government has indicated the reforms will focus on:

• Early identification and intervention across the system

• Creating more specialist places within mainstream schools and funding LAs to support this

• Increasing inclusion within mainstream schools

So far, the government has refused to confirm or deny whether the reforms could lead to the loss of existing provision for some children or young people. On 1 July, Catherine McKinnell, Minister for School Standards, told the Education Committee that the government would not remove "effective current provision that is working for children and young people."

However, reading between the lines, this is not a clear guarantee that existing provision will be protected in all cases.

There are also growing concerns that the government may seek to limit access to Education, Health and Care Plans (EHCPs), or potentially even phase them out altogether — understandably a major source of anxiety for families and professionals alike.

The Education Secretary recently stated in an interview that no final decisions on EHCPs have been made — offering little reassurance at this stage.

Should Families Act Now?

We’ve been asked by many parents recently whether there is any point in enforcing their rights under the current legal framework, given the possibility of sweeping reforms later this year.

The short answer is: yes.

The law as it currently stands is still in force, and families should not delay in asserting their legal rights. The white paper expected this autumn will outline proposals — but nothing will change overnight.

Any reforms that are introduced will involve a transition period, and they may also be subject to judicial review. There is already strong opposition from parent groups and campaigners, and we anticipate this debate will continue for some time.

In the meantime, if your child or young person is not receiving the provision specified in their EHCP — which they are legally entitled to — your LA may be in breach of its duty to secure that provision under Section 42 of the Children and Families Act 2014. Issuing a Pre-Action Protocol letter is often an effective way to enforce this duty and resolve the issue.

Alternatively, if you have requested an EHC needs assessment and your LA has failed to comply with the statutory timeline, you are entitled to challenge this. Under Regulation 5(1) of the SEND Regulations 2014 the LA must notify you within six weeks of receiving a request whether it intends to carry out the assessment. A failure to do so constitutes a breach of statutory duty.

If you're considering lodging an appeal and are still within the deadline, we recommend starting the SEND Tribunal process as soon as possible. If your LA has not met its statutory obligations following an annual review or during the EHC needs assessment process, this could be delaying your right to appeal and challenge any decisions made.

If any of the above applies to you, contact us to arrange a free 15-minute courtesy call with a solicitor to receive initial advice and discuss how we can support you.

We will continue to monitor the political situation closely and will provide further updates as more details about the SEND reforms are announced. So, watch this space!