Existing plans are protected
In the DfE Education Hub explainer (13 May 2026) the Department for Education describes intended transition protections. Those statements are policy commitments rather than enacted rights.
That protection sits on top of the law that is already in force. Under section 42 of the Children and Families Act 2014, the local authority must secure the special educational provision specified in Section F — and the named placement in Section I. That duty has not changed.
What the DfE has specifically promised
The DfE's May 2026 explainer described intended protections. They should be read as proposals until legislation and transition rules are enacted:
- Proposed treatment differs by setting and phase; check the current official policy documents rather than assuming an exemption is law.
- Individual Support Plans and any reassessment process remain proposed.
- Existing EHCP duties continue unless and until the law changes.
- Dates mentioned in policy material are not guarantees for an individual case.
- The Government calls its intended safeguards a "triple lock"; this is a policy description, not a statutory test.
- Digital EHCPs and support for complex needs are proposals whose final scope depends on legislation and implementation detail.
Source: Schools white paper: What parents need to know about changes to the SEND system — DfE Education Hub, 13 May 2026. These are policy commitments, not yet law — the Government has said it will legislate via the new Education for All Bill announced in this year's King's Speech.
Transition to the new system: not before 2030
The White Paper proposes a phased transition starting no earlier than 2030. The Government has said any move from an EHCP to an Individual Support Plan would happen only at the end of an education phase:
- End of nursery / start of primary
- End of primary / start of secondary
- End of Key Stage 4 / post-16 transition
No child would be moved mid-phase, and decisions would still need to be reviewable. Until Parliament passes legislation, none of this is binding.
If your council uses the reforms to push back
Some councils may try to argue that an EHCP is no longer needed because of the reforms. This is not a lawful reason to refuse, amend or cease a plan. The current statutory tests in sections 36, 37 and 44 of the 2014 Act still apply, and the SEND Tribunal will test any decision against those tests — not against a policy document.
Frequently asked questions
Is my child's current EHCP being taken away?
Current EHCPs remain legally binding under section 42 of the Children and Families Act 2014. Government transition assurances are policy proposals and do not replace the current statutory test for amending or ceasing a plan.
When could my child be moved to the new system?
There is no enacted timetable for moving an individual child to a replacement system. Treat dates and transition protections in government proposals as policy commitments, not current law.
Will the council still have to meet the provision in Section F?
Yes. Section 42 of the 2014 Act still places an absolute duty on the local authority to secure the special educational provision specified in Section F. Nothing in the White Paper changes that today.
Can the council use the reforms as a reason to refuse a plan or cease one now?
No. Decisions to refuse, amend or cease an EHCP must still be made under the current law and tested against the current statutory tests. If a council says otherwise, you can challenge the decision through mediation and the SEND Tribunal.
Sources
- 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
- Section 42, Children and Families Act 2014 — legislation.gov.uk
- Section 36, Children and Families Act 2014 — legislation.gov.uk
This page is information, not legal advice. For advice about your own case, contact IPSEA, SOSSEN or your local SENDIASS.