If you are applying for an EHCP
Apply now. Don't wait for the new system. Use our EHCP assessment request letter guide to write a strong application. The legal test in section 36 of the Children and Families Act 2014 still applies, and councils still have 20 weeks to decide.
If you are waiting on a council decision
The statutory deadlines have not changed. If your LA is late, see our guide What happens if your council misses the 20-week deadline. You can also track every deadline in your case for free with Deadline Watch.
If you are appealing to the SEND Tribunal
Carry on. The Tribunal decides cases on the current law. See our SEND Tribunal guide and How to challenge an EHCP refusal. Reform proposals are not a relevant consideration for your appeal.
If your child already has an EHCP
Keep the plan working for your child:
- Prepare for annual reviews with our annual review checklist.
- Check Section F is properly specified and quantified — see What Section F must legally contain.
- If the LA tries to cease or weaken the plan, you still have full appeal rights.
Stay informed
Follow the official sources rather than headlines. We will update this hub as the Government publishes its consultation response and any draft legislation.
Frequently asked questions
Should I wait to apply for an EHCP until the reforms come in?
No. The current law gives your child rights they would not have under SEN Support alone. If you believe your child needs an EHCP, apply now. The legal tests in section 36 of the Children and Families Act 2014 still apply, and councils still have 20 weeks to issue a final plan.
I am mid-appeal. Does the White Paper affect my tribunal?
No. The First-tier Tribunal (SEND) decides cases on the law as it stands. The judge will not take account of policy proposals that have not become law. Carry on with your appeal.
My council is delaying. Can I still complain?
Yes. The 20-week deadline in regulation 13 of the SEND Regulations 2014 still applies. If your LA misses a statutory deadline you can complain through their formal complaints process and, if unresolved, to the Local Government and Social Care Ombudsman.
Should I delay annual review or amendment requests?
No. Annual reviews, amendments and reassessments all continue under the current law. There is no benefit to waiting.
Sources
- Section 36, Children and Families Act 2014 — legislation.gov.uk
- Regulation 13, SEND Regulations 2014 — legislation.gov.uk
- Schools white paper: What parents need to know about changes to the SEND system — DfE Education Hub, 13 May 2026
- Every Child Achieving and Thriving — Schools White Paper, GOV.UK
This page is information, not legal advice. For advice about your own case, contact IPSEA, SOSSEN or your local SENDIASS.