The SEND white paper on ISPs and EHC plans

5 mins read

Tuesday 17 March 2026

Tags: education, Education Health and Care Plan, schools white paper, individual support plans

This advice applies in England only.

Since its publication, Contact’s policy and helpline teams have been looking in detail at the SEND (special educational needs and disabilities) white paper.

Here we focus on two main policy areas: Independent Support Plans (ISPs) and education health and care (EHC) plans. Below you can read what the white paper says and what Contact thinks about the proposals.

Remember: The white paper recommendations on these two areas are just proposals at this stage. Your child’s legal rights to support remain in place.

There is an opportunity to shape them over the course of the consultation period. We have held a series of focus groups to gather parent views, which will inform our response to the consultation. We also continue conversations with the Department for Education (DfE) to feedback what we are hearing from parents as we go through this process.

Independent Support Plans

What does the white paper say?

The white paper proposes that schools, nurseries and colleges must produce an Independent Support Plan (ISP) for any child or young person with SEND. ISPs will replace the school-based support known as SEN support.

This will mean that every setting has to make a plan and share that plan with teachers. The White Paper makes clear that settings will have to involve parents in developing the plan. ISPs will be reviewed annually. 

Legal duties

The proposals include a clear legal duty for settings to make a plan and record and monitor the support provided. This is a really positive step that strengthens legal protections for those children currently receiving SEN support.

But as far as we can tell, there is no proposed legal duty for settings to deliver the support. This means children moving from an EHC plan to an ISP could lose this right. We are concerned this leaves delivery open to discretion and subject to financial pressures.

We would like to see the government go a step further by making delivery of the plan a legal duty.

When things aren’t working

Under proposals, if the plan is not working to meet need or not being delivered, parents can go through the school’s complaints process and then an independent panel for redress.

At this stage it is not clear who will be on the Independent Panel. And it’s not clear what decisions they will be able to make.

How Contact will respond to the consultation on ISPs

We will be making the case:

• That the delivery of ISPs should be a legal duty.
• For clarity on the stages of appeal. Who will be on the Independent Panel and what decisions they will be able to make? It’s important to get this right to build trust in the system.
• For the Local Government and Social Care Ombudsman to have a wider power to act if support is not being delivered as part of an ISP or EHC plan.

Education Health and Care plans

What does the white paper say?

The White Paper says Specialist Provision Packages will provide comprehensive, evidence-based packages of support for children and young people with the most complex needs. Only those children who have Specialist Provision Packages (SSPs) will have EHC plans.

Eligibility

There is no definition of complex needs in the white paper. This means we don’t know which children and young people will be eligible for SSPs and EHC plans. This has understandably caused concern among parents.

The content and flexibility of the SSPs has not been well-defined in the proposed reforms. This could risk some children falling through gaps of support – especially if they need more than one type of support.

Health and social care

The white paper does not make it clear how SSPs will integrate health and social care. Responsibility and accountability for these elements is also unclear, risking a repeat of previous system failures unless these areas are addressed.

Assessments and reviews

It’s not clear whether families or schools will still be able to request an EHC needs assessment at any time. We are concerned that the proposed change from annual reviews to reviews only at key transition points will weaken oversight and responsiveness.

We think the proposals could be strengthened by adding a right to request emergency reviews whenever circumstances change.

Choosing a setting

The white paper says local authorities must provide a list of settings that can deliver the appropriate Specialist Provision Package when a family is choosing a school place for a child with an EHC plan.

Parents will retain the right to request an alternative setting. But local authorities can now turn this down based on cost. Under the proposals, the Tribunal will no longer have the power to name a school. It will only be able to request the local authority to reassess.

How Contact will respond to the consultation on EHC plans

We will be making the case that:

• Specialist Provision Packages should be a guide. Support should be individually tailored to meet each child’s unique needs, as with current EHC plans.
• EHC plans should be reviewed annually.
• Families should keep the right to request an emergency review when needed.
• Tribunal powers should remain the same, including the power to name a school.

How to respond to the consultation

Our focus groups have now finished. We are very grateful to the parents who attended and gave such informed observations and insights, which will help shape our response.

You can respond to the government consultation individually. You can take part online. Or you can also respond to this consultation via email at [email protected], or by post to:

SENDAP Reform, Sanctuary Buildings, Great Smith Street, London, SW1P 3BT

The consultation closes on 11:59pm on 18 May 2026.

Share