Government announces new rights for children with SEND
3 mins read
Monday 23 February 2026
This advice applies in England only.
All schools will have to create an Individual Support Plan (ISP) for every child with special educational needs and disabilities (SEND) that clearly set out the help a child will receive, the government has announced today. The support will follow a national framework and be tailored by teachers and specialists.
The government says extra funding will make services like speech and language therapy and small group teaching easier to access.
The publication of a white paper does not change existing SEND law. Your child’s legal rights to support remain in place.
Education health and care (EHC) plans for complex support
Under plans in its school’s white paper “Every Child Achieving and Thriving”, published today, the government has said it will offer a wider legal entitlement beyond the ISP. This will see education, health and care (EHC) plans detail more intensive or complex support than schools can routinely provide.
Anna Bird, CEO of Contact and Co-chair of the Disabled Children’s Partnership says:
“The government’s announcement on plans to improve the special educational needs system in England, in particular their vision to improve support for children without the battle that many parents currently encounter, is one we warmly welcome.
“In particular we applaud the announcement of a new legal right to an Independent Support Plan – school-based support. This was a key Contact recommendation. If children are supported in school as soon as their additional needs become apparent, many families will not have to go through a lengthy and traumatic legal process to get support for their child.
“We are also relieved to see the SEND tribunal is retained. This is vital for families to hold the system to account when things go wrong or secure an EHC plan or a special school place if their child needs one.
“We are concerned about the eligibility of EHC plans, which is not clear from today’s announcement. We will look at the details of the white paper and work with families, ministers and MPs to ensure changes to the law work for every child with additional needs.”
No child will lose support already in place
The government has said that no child will lose effective support already in place:
- Every child with a special school place in 2029 will keep it if they want it until they finish education.
- Children with EHC plans in mainstream schools will not be moved to ISPs until at least 2030. And this will only happen when moving between school stages (for example, primary to secondary).
- Transition for children with an EHC plan in mainstream settings who will best supported in the future via an ISP, rather than an EHC plan, will only begin from 2030 once the new inclusive mainstream system has been fully built. This will only happen as children naturally move between phases, like from primary to secondary
- ISPs will be in place for children transitioning from an EHC plan before they move to the new system. This will mean there is no break in support.
We will be closely examining the Schools White Paper and update you on the detail over the next few days.
Find out more about the white paper and planned reforms.