SEND reform plans raise concerns – your views matter more than ever
4 mins read
Tuesday 24 March 2026
We know many of you will be rightly concerned about reports that the government plans to reduce the role of the tribunal – in line with what is set out in the consultation document – regardless of the feedback they get through the consultation.
Contact has been very clear in every conversation we’ve had with ministers about SEND (special educational needs and disabilities) reform. We don’t want to see any change to the legal status of education, health and care (EHC) plans. And there should be no weakening of the powers of tribunals.
We will continue to campaign and influence against any reduction in rights, and we’ll also be feeding back on it in our consultation response. We encourage you to do the same by taking part online.
What’s this about?
Lawyers have been working on a proposed judicial review challenge on behalf of a vulnerable disabled child. These lawyers have shared that the Department for Education (DfE) has responded indicating there is no duty to consult on some elements of the government’s SEND reforms, in part because decisions have already been made.
These elements include powers of the SEND tribunal. The consultation document includes a proposal that in future the SEND tribunal will no longer be able to name an education setting in EHC plans. Instead, the tribunal will only be able to order the local authority to rethink a placement decision (see page 105).
There are also further questions around the role of the tribunal in the delivery of educational provision. This is because the proposals state that a child with an EHC plan would also have some of their provision set out in an Individual Support Plan (ISP).
What do we think?
We believe the role of the tribunal is vital to ensure all children receive the education they are entitled to. It is an important final measure where all else has failed, or when families can see it is the only route to resolution.
In focus groups we have run with parents, the important role of the tribunal has come up consistently. We will be feeding that into the consultation. We have always strongly, clearly and publicly stated that we would oppose any reduction of the tribunal’s powers.
These proposals to change the tribunal were never discussed with us before the publication of the schools white paper. We have contacted the DfE and made this position clear.
What has the DfE said?
The DfE has said via email that “nothing is determined on SEND Reform until we introduce legislation which will then be subject to Parliamentary scrutiny.”
They add that they are “consulting widely and want to hear from parents, young people, educators and SEND experts about how we get this right”.
What’s next?
We’ll continue to make our position clear and feedback to you what we are hearing from government.
We would also encourage anyone concerned about the changes to make this clear by responding to the consultation. We know the consultation is missing questions about the tribunal. But that should not stop you from responding about your thoughts on the proposals. We will be doing so.
What is a consultation?
When the government wants to make changes, it may run consultations where they ask for people’s views before making decisions about services, policies, or funding.
The government has set out proposals to reform the SEND system in England in its schools white paper. It now wants to consult people about this.
How can I take part in the consultation?
You can take part in the consultation online.
Even a short response can help highlight issues and improve services for children and young people with SEND. It’s important to remember that:
- Your lived experience matters. It’s valuable evidence.
- You don’t have to answer every question in the consultation – you can just answer the ones that matter most to you.
- You should share your examples of what works well and what doesn’t.
- Your answers don’t have to be formal or academic – short points are fine.
- If you feel the consultation is missing questions about something important to you, you can still submit your views wherever feels most appropriate, explaining why it is important to you and your thoughts and concerns. Contact’s response will include our thoughts about the tribunal.