The Government’s new education White Paper, Every Child Achieving and Thriving, published on 23 February 2026, sets out a sweeping programme of reform intended to overhaul the support system for children with special educational needs and disabilities (SEN). Central to the proposals is a commitment to strengthen mainstream inclusion, supported by additional funding for schools.
Under the reforms, children with SEN may receive an Individual Support Plan (ISP), built on a national framework of high‑quality interventions and backed by significant investment in therapeutic and specialist services. More complex needs will continue to be met through Education, Health and Care Plans (EHCPs), which the Government has stated will be retained and enhanced. As always, however, the detail of which children will still qualify for an EHCP remains critical.
The proposals have inevitably raised questions about how the SEND Tribunal system will operate alongside this re‑designed landscape.
Government Affirms: no plans to abolish the SEND Tribunal
Despite speculation in recent years, the Department for Education (DfE) has confirmed that it has no plans to abolish the SEND Tribunal. The Tribunal will remain the legal route for parents to challenge decisions about statutory support for their children.
In public statements, the DfE emphasised its intention to improve the system while maintaining existing protections, stating that the reforms aim to “improve support for children and parents, stop parents from having to fight for support, and protect provision currently in place.”
These reassurances follow heightened public concern amid reports suggesting that the Tribunal’s future could be at risk. While the Government has consistently denied any intention to remove the Tribunal, it has acknowledged that “significant changes” to the SEND system will follow as part of the wide‑ranging reform programme.
One of the most concerning proposals is the removal of the Tribunal’s current power to name a school in Section I of an EHCP. Instead, if parents disagree with the Local Authority’s (LA) named placement, they will still be able to appeal — but the Tribunal will only be able to assess whether the LA’s decision was reasonable. Where the Tribunal finds against the LA, it may quash the decision and require the LA to reconsider, but it will no longer be able to name the school directly.
For families who have previously navigated the SEND process, this represents a significant and worrying reduction in enforceable rights.
Reforms aim to reduce conflict — not rights
The Government states that its reforms are intended to reduce the need for families to enter legal disputes by ensuring early, consistent, high‑quality support through ISPs, backed by substantial new investment in mainstream provision.
However, the intention to prioritise early intervention is not new — it was a cornerstone of the 2014 SEND reforms. A key concern now is that additional funding for SEN may not be ringfenced, and could instead be absorbed into broader school budget pressures after years of underfunding.
There is also no detail on how parents will be able to challenge or enforce an ISP. Many families do not have strong or harmonious relationships with their child’s school, and without a statutory framework, there is considerable doubt about how disputes will be resolved.
A proposed “triple lock” of transitional protections is intended to ensure that:
- no child with an existing EHCP loses current provision
- no child in a special school is moved
- any shift from EHCPs to ISPs happens gradually from 2030 as children change educational phases
The DfE argues that strengthening universal and targeted support within schools will reduce adversarial conflict and lower Tribunal caseloads. However, many professionals working with children and families consider this optimistic at best, given long‑standing systemic challenges.
With the publication of the White Paper, a 12‑week consultation period has now begun, and a substantial and robust response from families, professionals and representative bodies is widely expected.
The SEND Tribunal has long provided a vital safeguard within an overstretched and inconsistent system. Any dilution of its powers is therefore deeply concerning. While reducing conflict in what is an inherently emotive area is a laudable goal, reducing parents’ rights to challenge Local Authorities is something many will find difficult to support.
Conclusion
The Government’s proposals aim to reshape SEND support, improve equity and ensure that every child can thrive. However, the White Paper was published against a backdrop of leaks, speculation and rising anxiety among families with children with SEN.
There is real concern that these reforms may ultimately strip away important rights and leave the most vulnerable children without a meaningful mechanism to challenge decisions made by schools and Local Authorities. As the consultation begins, it is clear that the voices of families and practitioners will be crucial in shaping what comes next.
How can we help you
At Enable Law, we are committed to supporting families to secure the education and support their children are entitled to throughout this evolving SEND landscape.
Our specialised education team has decades of experience helping families secure and maintain the right education provision for their child/young person. To speak with a member of our education team and have an initial free discussion about your concerns and how we can help call us on 0800 044 8488 or fill in our contact form.
