Nothing in the law has changed yet
This is the single most important thing to know. Despite the headlines, no Act of Parliament has been passed. The Children and Families Act 2014 (Part 3) still sets out every right your child has, and the SEND Regulations 2014 and SEND Code of Practice still apply.
- EHCPs remain legally binding.
- The 20-week statutory timeline still applies.
- Annual reviews still happen as normal.
- SEND Tribunal appeal rights are unchanged.
- Section 42 placement and provision duties still bite.
What the White Paper proposes
The Every Child Achieving and Thriving — the Schools White Paper laid before Parliament on 23 February 2026 and the explanatory series published on the DfE Education Hub set out four main proposals:
- A new Individual Support Plan (ISP) — a school-based plan intended to cover most children currently on SEN Support or with an EHCP for mainstream needs.
- Stronger duties on mainstream schools to provide ordinarily available provision, with new training and accountability.
- Earlier identification, with a national framework for SEND support in early years and primary.
- A gradual transition from the current EHCP system, beginning no earlier than 2030 and only at the end of education phases (e.g. primary to secondary, post-16).
Crucially, the White Paper does not abolish EHCPs. The DfE has confirmed that EHCPs — in a reformed, digital form — will stay in place for children with the most complex needs, alongside new Specialist Provision Packages in mainstream or specialist settings. The day-to-day support for those children would be recorded in their Individual Support Plan.
The Government has confirmed its intention to legislate through a new Education for All Bill, announced in this year's King's Speech. The Bill is still subject to the consultation outcome and has not yet been passed, so nothing is law yet (source: DfE Education Hub, 13 May 2026).
Explore the hub
- Will my child lose their EHCP? →
- Individual Support Plans explained →
- Timeline: 2026 to 2030 →
- What should I do now? →
Frequently asked questions
Has the law about EHCPs changed?
No. As of June 2026, nothing in the law has changed. The Children and Families Act 2014, the SEND Regulations 2014 and the SEND Code of Practice still apply in full. EHCPs are still legally binding documents and councils must still meet every statutory duty and deadline.
What is the Schools White Paper?
A White Paper is a policy document the Government publishes to set out what it plans to do. It is not legislation. The Schools White Paper published in February 2026 sets out the Government's intended direction for SEND reform, including a new Individual Support Plan to sit alongside or replace EHCPs over time.
When could any of this become law?
The Government has indicated it intends to legislate after the consultation closed on 18 May 2026, with Individual Support Plans becoming statutory from September 2029 and the wider transition not before 2030. Timelines may slip and proposals may change.
Should I stop my EHCP application?
No. The current law remains in force. If you have applied or are about to apply for an EHCP, carry on as normal. See our guide on what to do now.
Sources
- Every Child Achieving and Thriving — Schools White Paper, GOV.UK
- Schools white paper: What parents need to know about changes to the SEND system — DfE Education Hub, 13 May 2026
- Children and Families Act 2014, Part 3 — legislation.gov.uk
- SEND Code of Practice (0–25) — GOV.UK
This page is information, not legal advice. For advice about your own case, contact IPSEA, SOSSEN or your local SENDIASS.
