Current SEND Law vs Proposed Reform

SEND reform can be difficult to follow because current legal duties, proposed changes and future policy discussion are often discussed together. This guide separates what applies now from what may change in future.

It explains the difference between current SEND law, proposed reforms, Individual Support Plans, EHCPs, and the areas that are still not confirmed.

Looking for SEND or EHCP support providers?
Explore education consultants, EHCP support services, SEN tutors and advocacy services in the SEND & EHCP Support Directory.

Independent information note: Find Support UK is an independent directory and information resource. This guide is intended to help families understand current SEND pathways and proposed reform. It does not provide legal, medical or educational advice.

Why This Matters

Families may hear that SEND is changing, EHCPs are changing, Individual Support Plans are being introduced, or schools will be expected to do more before escalation. These messages can be confusing if they are not clearly separated.

For most families, the key distinction is:

current law — what schools, colleges and local authorities must follow now
proposed reform — changes the Government intends to make or consult on
not yet confirmed — details that depend on legislation, statutory guidance, implementation and local delivery

This distinction matters because children and young people still need support now. Families should not delay seeking help because of proposed future changes that are not yet fully implemented.

Key point: Current SEND law still applies unless and until legislation or statutory guidance changes it. Proposed reforms may affect the future system, but families can still use current SEND routes now.

Current SEND Law

Current SEND law and guidance set out how children and young people with special educational needs should be identified and supported. In England, the SEND Code of Practice remains the main statutory guidance for organisations working with children and young people aged 0 to 25 who have SEND.

Under the current system, support may include:

SEN Support in school or college
reasonable adjustments where a child or young person is disabled
requests for an Education, Health and Care needs assessment
Education, Health and Care Plans where statutory provision is required
annual reviews of EHCPs
complaints, mediation and appeal routes where relevant

Current SEND law does not require families to wait for reform before asking for support. If a child is struggling now, parents can still ask the school or local authority to consider the child’s needs under the current system.

Proposed SEND Reform

The Government’s SEND reform direction places greater emphasis on earlier support, stronger mainstream inclusion, clearer planning and more consistent help before needs escalate.

Key themes in proposed reform include:

stronger expectations for mainstream education settings
clearer support before EHCP escalation
Individual Support Plans for children and young people with SEND
digital EHCPs
more standardised expectations across the system
greater focus on earlier intervention
ongoing debate about rights, enforceability and accountability

Government reform material says EHCPs will remain for children and young people who need support beyond what is routinely available in mainstream schools. This means the proposed direction is not simply to remove EHCPs, but to create a more layered system of support.

What Is Not Yet Confirmed?

Some important details are still not fully confirmed. These details matter because they affect how families understand rights, support, accountability and challenge routes.

Areas still needing clarity include:

exactly how Individual Support Plans will work in practice
whether ISPs will carry enforceable legal rights
how disagreements about ISP content will be challenged
how ISPs will interact with EHCP requests
how transition arrangements will work for children with existing EHCPs
how schools and local authorities will be held accountable
how consistency will be achieved across local areas
what protections will apply if support is not delivered

Until these details are confirmed through legislation, guidance and implementation, families should continue to rely on current SEND routes where support is needed now.

SEN Support Now

SEN Support is the current school-based route for many children and young people with special educational needs. It should involve identifying needs, planning support, putting support in place and reviewing whether it is working.

The SEND Code of Practice describes this as a graduated approach, often summarised as:

Assess — identify the child’s needs
Plan — agree the support that will be provided
Do — put the support in place
Review — check whether the support is working

Proposed reform may make school-based support more structured and visible, but families can already ask schools to explain what SEN Support is in place, how it is being reviewed and what evidence is being kept.

Individual Support Plans

Individual Support Plans, often shortened to ISPs, are part of the proposed SEND reform direction. They are intended to provide a clearer written record of a child or young person’s needs and day-to-day support.

An ISP may be expected to record:

the child or young person’s identified needs
the support they should receive
how support will be delivered
who is involved in providing support
how support will be reviewed
how parents, carers and the child or young person are involved

At this stage, ISPs should be treated as part of the proposed reform direction. They should not be assumed to replace current SEN Support duties or provide the same protection as an EHCP unless final legislation and guidance confirm that position.

Key point: Individual Support Plans may make support clearer, but the legal status, challenge routes and enforceability of ISPs still need to be fully confirmed.

EHCPs Now and in Future

Education, Health and Care Plans still exist under current law. Parents, young people, schools and some professionals can still request an EHC needs assessment where a child or young person may need more support than is normally available through SEN Support.

Under the current system, an EHCP can be important because the special educational provision written into a final EHCP is legally enforceable. This is different from informal or unclear school-based support arrangements.

Government reform material says EHCPs will remain for children and young people who need support beyond what is routinely available in mainstream schools. However, the boundary between future ISPs, digital EHCPs and more intensive statutory support will need to be clarified through the final reform framework.

For families, the practical question remains: what support does the child need, what has already been tried, and is the support required beyond what can normally be provided without an EHCP?

Rights and Appeals

Rights and appeals are a central issue in SEND reform because families need clear routes if support is refused, delayed, reduced or not delivered.

Under the current system, families may be able to challenge certain local authority decisions about EHC needs assessments and EHCPs. GOV.UK explains that families can appeal to the SEND Tribunal if they disagree with certain local authority decisions about a child or young person’s EHC needs or plan.

Appealable decisions can include situations such as:

refusal to carry out an EHC needs assessment
refusal to issue an EHCP after assessment
disagreement with the contents of an EHCP
disagreement with the school or type of placement named
decisions not to amend or to cease an EHCP in some circumstances

One of the major questions for reform is what appeal or challenge routes will exist for future Individual Support Plans and other support decisions. Until this is confirmed, families should be careful not to assume that proposed new plans will provide the same legal route as an EHCP.

What Families Can Do Now

Families do not need to wait for SEND reform before asking for support. If a child or young person needs help now, the current SEND system should still be used.

Useful steps include:

asking the school whether the child is recorded as receiving SEN Support
requesting a written support plan or provision map
asking how support is being reviewed
keeping copies of reports, school emails and meeting notes
asking what evidence the school has gathered
requesting external advice where appropriate
considering an EHC needs assessment request if support is not enough
checking decision letters carefully for deadlines and appeal rights

The most useful evidence usually shows what the child needs, what support has been tried, whether it has worked, and what further support may be required.

Frequently Asked Questions

Has SEND law already changed?

Current SEND law and guidance still apply unless and until legislation, statutory guidance or formal implementation changes them. Families should continue using current SEND routes where support is needed now.

Are EHCPs being removed?

No. EHCPs have not been removed. Government material says EHCPs will remain for children and young people who need support beyond what is routinely available in mainstream schools.

What is an Individual Support Plan?

An Individual Support Plan is part of the proposed SEND reform direction. It is intended to record a child or young person’s needs, day-to-day support and review arrangements.

Will ISPs replace SEN Support?

This is not yet fully confirmed. ISPs appear to build on the idea of clearer school-based support planning, but families should not assume that current SEN Support duties have been replaced.

Will ISPs replace EHCPs?

EHCPs are expected to remain for children and young people who need support beyond what is routinely available in mainstream schools. The detailed boundary between ISPs and EHCPs still needs to be clarified.

Can parents still request an EHCP?

Yes. Current SEND law still applies. Parents can still request an EHC needs assessment where they believe a child or young person may need more support than is normally available through SEN Support.

What should families do while reform is developing?

Families should continue asking for support through current routes, keep clear evidence, request decisions in writing, and seek independent advice where support is delayed, refused or not delivered.

If you are comparing current SEND law, school support, EHCPs or proposed SEND reforms, these guides may also help:

What Is SEND Support? — Start with a plain-English guide to school-based SEND help before an EHCP.
SEND & EHCP Support in the UK — Understand EHCPs, SEN Support and wider SEND pathways.
What Schools Must Do Before an EHCP Request — Understand SEN Support, evidence, reviews and when escalation may be appropriate.
Individual Support Plans Explained — Understand proposed Individual Support Plans and how they may relate to EHCPs.
SEND Rights and Appeals Explained — Understand current rights, appeal routes and accountability concerns.
SEND Reform Tracker — Follow major SEND reform updates and what they may mean for families.

Further Guidance and Trusted SEND Support Resources

The following resources provide useful background on SEND law, guidance, rights and reform:

For Providers — Join Find Support UK

If you offer SEND, EHCP, advocacy, education consultancy or SEN tutoring support, you can Submit a Support Listing or Claim a Listing.

Find Support UK is an independent directory. Listings are reviewed for clarity and accuracy.