Special Educational Needs and Disabilities law is once again at the centre of national debate. Proposed changes to SEND support in England, particularly around eligibility for Education, Health and Care Plans, have prompted strong opposition from parent groups, charities and education campaigners. For families and professionals working within the SEND framework, the uncertainty surrounding reform is already having real legal and practical consequences.
At Penerley Solicitors, we advise families across London and beyond on SEND disputes, EHCP applications and challenges against local authorities. Understanding the current position and the direction of travel is essential for protecting children’s rights.
EHCPs and the current legal framework
Education, Health and Care Plans are a cornerstone of SEND law in England. An EHCP sets out a child or young person’s educational needs, the support required to meet those needs, and the legal duties placed on local authorities to secure that provision.
Crucially, EHCPs create enforceable legal rights. Where provision is specified, the local authority is under a statutory obligation to deliver it. For many families, an EHCP is the only effective way to secure appropriate educational support, particularly where a child’s needs are complex or a school lacks sufficient resources.
Despite common misconceptions, these rights remain firmly in place. The law has not yet changed, and local authorities must continue to apply the existing statutory test when deciding whether to carry out an Education, Health and Care needs assessment.
Proposed reform and ongoing uncertainty
The government is reportedly considering raising the eligibility threshold for EHCPs, with the stated aim of easing pressure on the SEND system. However, campaigners and parent groups have raised serious concerns that higher thresholds would restrict access to statutory support and leave many children without enforceable protections.
Critics argue that such changes risk increasing inequality, particularly for children whose needs are significant but may fall short of a higher eligibility bar. Families could be pushed towards informal or non-statutory support arrangements, which lack consistency and legal enforceability.
These concerns are compounded by the delay to the Schools White Paper, which was expected to outline comprehensive SEND reform. Its postponement into 2026 has created prolonged uncertainty for families, schools, local authorities and legal advisers. In the absence of clarity, decision-making by local authorities can become inconsistent, increasing the likelihood of unlawful refusals and disputes.
What this means for families and next steps
In practical terms, families may experience greater resistance when requesting assessments, securing EHCPs or enforcing existing plans. Financial pressures on local authorities can lead to refusals or delays, even where the legal test is met.
It is important for parents and carers to understand that proposed reform does not remove existing rights. Families continue to have the right to request assessments, appeal decisions to the First-tier Tribunal, and take action where provision is not being delivered.
SEND law is a complex and specialist area, and early legal advice can make a significant difference. Challenging decisions promptly and effectively can help ensure that children receive the support they are entitled to under the current law.
At Penerley Solicitors, we support families through every stage of the SEND process, from assessment requests to tribunal appeals and enforcement action. We combine clear legal advice with a compassionate and practical approach, recognising the pressures families face when navigating SEND disputes.
