Breaking down the detail of the Schools White Paper proposals
5 mins read
Tuesday 29 September 2026
Over the next few weeks, Contact will be looking again at the Schools White Paper proposals and breaking down the details.
Although the consultation ended in May, there is still debate and discussion about what the reforms will look like when the government publishes its response at the end of the year.
Contact continues to feed into decision-makers the day-to-day realities for families we hear on our helpline and directly from you. This includes concerns about the possible loss of legal protections currently provided through Education, Health and Care (EHC) Plans; reduced access to the SEND Tribunal; and fears that the proposed reforms could weaken children’s rights rather than strengthen support.
We are starting with the role of the SEND Tribunal, how the proposals would change its powers and what this could mean for children, young people and their families.
In the coming weeks we will also look at Individual Support Plans (ISPs), Education, Health and Care Plans, Specialist Provision Packages and Accountability.
It’s important to remember that these are just proposals and nothing has changed. If you are told your child’s EHC plan rights have changed because of the government’s proposals or the Schools White Paper, that is not correct.
The SEND Tribunal
The SEND Tribunal is an independent legal body that decides on disagreements between parents and local authorities regarding support for children with special educational needs.
It enables families to challenge decisions and make sure their legal rights can be put into practice.
In 2024/25 approximately 25,000 SEND tribunal appeals were registered. with parents winning 99% of cases. The tribunal is the final backstop that ensures accountability, making rights enforceable and implementable.
Currently, the SEND Tribunal has the power to order local authorities to make legally binding changes to an Education Health and Care Plan. It can require a plan to include specific support that meets a child or young person’s individual needs, such as the number of hours of physiotherapy or speech and language therapy required. It can also make non-binding recommendations about health and social care.
Contact is concerned that reducing the Tribunal’s powers could limit this important safeguard at a time when many families already find the SEND system difficult to navigate.
Under the Schools White paper proposals when would families still be able to appeal to the SEND Tribunal?
- A local authority refuses to carry out a needs assessment.
- A child or young person is assessed as not meeting the threshold for a Specialist Provision Package (SPP) and therefore does not receive an Education Health and Care Plan (EHCP).
- A local authority decides that a child no longer requires a SPP and that their EHCP should cease.
- There is disagreement about what SPP a child requires.
Under the Schools White Paper proposals how would the Tribunal’s powers change?
- The Tribunal will no longer be able to make legally binding amendments to a child or young person’s EHCP. Instead, it will have the power to decide the type of Specialist Provision Package (SPP) a child receives.
- The Tribunal will no longer have the power to name a school, college or educational setting for a child or young person as it does currently (sometimes called placement decisions). Instead, the Tribunal would only be able to overturn the original decision and order the local authority to reconsider the placement.
- The wider proposals would reduce how often EHCPs are reviewed (called an annual review). Instead of being reviewed annually, the plan is for EHCPs to be reviewed at key stage transitions. The completion of Annual Reviews act as a trigger for a right of appeal. If reviews happen less often, there may also be fewer opportunities for families to challenge decisions about their child’s EHCP.
Risks and unintended consequences of proposals
- With less individual support outlined in an EHCP there is a risk that more children will have support that is not suitable, leading to a reduction in equal opportunities.
- The removal of the SEND Tribunal’s power to name a school or college, could lead to an increase in the number of children without a suitable school place.
What Contact is calling for
We want less parents to have to use the SEND Tribunal, which is an onerous and stressful process, and we want an easier route for children and young people to get the right, individual support they need. We believe this could be achieved by stronger enforceability of Independent Support Plans (ISPs).
However, the SEND Tribunal must remain as a backstop for when things go wrong. Families need a clear, effective, and independent way to challenge decisions when the support being offered does not meet their child or young person’s needs.
In addition, we are calling for the SEND Tribunal to have the power to issue legally binding decisions on health and social care as well as education.
What happens next?
It’s important to remember that these are just proposals and nothing has changed. If you are told your child’s EHC plan rights have changed because of the government’s proposals or the Schools White Paper, that is not correct.
Whatever is proposed will need to go through Parliament. Nothing changes during that process.