New Legal Requirement for Schools to Create Individual Support Plans (ISPs) for All Children with SEND

Radical expansion in rights for children with SEND to transform life chances

• Over a million children with SEND to gain groundbreaking new legal entitlement to a school support plan
• EHCPs retained and improved for children with more complex needs which can’t routinely be met in mainstream schools
• Government delivers on pledge to protect every child’s special school place, as part of triple lock transitional protections

The government has today pledged to end the one size fits all education system that has traumatised too many families, and damaged the lives of too many children, as part of generational reforms to improve outcomes for children with SEND.

Currently, over 70% of children in England’s schools with additional needs – more than a million – don’t have any legally enforceable rights. In a radical expansion in rights and support for every child, there will be a new legal requirement for schools to create Individual Support Plans (ISPs) for all children with SEND.

Every ISP will draw from a national framework of high-quality interventions that lead to the best education and life chances, personalised by the teachers and specialists who know children best.

The support ISPs set out will be easily available, without a fight, thanks to the government’s multi-billion-pound investment in services like speech and language therapy and small group teaching in schools.

EHCPs will be retained and improved under plans in the government’s schools white paper “Every Child Achieving and Thriving”. They will offer a wider legal entitlement beyond the ISP to more intensive or complex support than schools can routinely provide.

EHCPs, Individual Support Plans, and Specialist Provision Packages

Children and young people with SEND will have a digital Individual Support Plan from September
2029, developed by their school, college or nursery, together with you, and regularly updated –
setting out their needs, the day-to-day support they receive and what that should help them
achieve.

New EHCPs will be based on the Specialist Provision Packages. They will be digital
and standardised across the country. DfE will take the next three to four years to build the new system and strengthen the ability ofmainstream early years settings, schools and colleges to meet children’s needs.

Changes will only happen when a child moves to a new phase of their education. The first
cohorts will be those starting a new phase in September 2030. For example, if a child is in year 7 in September 2029, they will not transition to the new system until they move into post-16 education. If your child is in early years, they will not transition until year 7.

‘Triple lock’ of transitional protections

And a triple lock of transitional protections will mean no child loses effective support already in place:

• Every child who has a special school place in 2029 will keep it if they want it until they finish education
• Transition for children with an EHCP in mainstream who will best supported via an ISP rather than an EHCP in future will only begin from 2030 once the new inclusive mainstream system has been fully built, and only then as children naturally move between phases, like from primary to secondary
• ISPs will be in place for children who are transitioning from an EHCP before they move to the new system, so there is no break in support 

It comes as the White Paper sets out a decade long mission to make every child and family feel engaged and included in an education system broad enough to meet all children’s needs – creating opportunity for every child to achieve, thrive and get on in life.

Education Secretary Bridget Phillipson said:

“I believe – and this government believes – that background shouldn’t mean destiny. How a child grows up shouldn’t dictate where they end up.

“The SEND system designed ten years ago for a small number of children is now broken. Parents end up fighting tooth and nail for entitlements on paper that don’t see them getting additional support. Children’s educations and lives have suffered.

“Today’s plans will take children with SEND from sidelined and excluded to seen, heard and included. Every child will get the brilliant support they deserve, when they need it, as routine and without a fight.”

Wider reforms to create a sustainable, fair and high quality SEND system include:

• EHCPs and ISPs will both be digitised to reduce bureaucracy and increase transparency
• The school complaints process will be updated, with an independent SEND expert added to the complaints panel, where there are concerns around a school granting an ISP, or the content of the ISP
• The legal entitlement to support in an EHCP will be based on a Specialist Provision Package, similar to clinical pathways used in health – improving the quality and consistency of support across the country
• Draft packages will be published later this year and designed with independent experts and parents, guiding provision in specialist places in mainstream and special schools – for example physical disability requiring personal care assistance or severe learning difficulty 
• Children with EHCPs will also have an ISP setting out exactly how the package will be delivered day-to-day by their school
• Independent special schools will be brought under a new regulatory regime to make sure they deliver the high-quality support set out in Packages to a fair and reasonable price

Transitional protections mean that no child in year 3 now, or older, will move on to an ISP if they don’t want to until the end of secondary school – although the government believes many will see the new system as an improvement and chose to make the switch.

Parents of children in mainstream transitioning from an EHCP to an ISP as they move from primary to secondary will be able to choose the school they wish to move to. This will importantly provide families with assurance that they have a preferred school place banked.   

The SEND Tribunal will continue as an important legal backstop in the system, with parents retaining the ability to appeal decisions like whether a child should be assessed for a specialist provision package; which specialist package of support the child should receive and which school the child should attend.  

This comes alongside strengthened mediation services and an improved complaints process — enabling concerns to be resolved earlier and more collaboratively, meaning that those cases that do go to Tribunal should be heard more quickly. 

These changes come alongside plans set out in the White Paper that mean that at every level of the SEND system, things will change for the better:

• In every classroom, in every school, teachers and support staff will be trained to meet the needs of children with SEND, based on the latest evidence, and backed by £200 million of investment.
• In every school in every town, there will be dedicated funding from the £1.6 billion inclusion grant to deliver proven programmes like small group speech and language support to respond to the most commonly occurring SEND needs.
• In time we expect every secondary school will have an inclusion base where they can deliver additional support and small group work, thanks to our £3.7 billion investment to create over 60,000 more specialist places.
• In every town across the country families will be able to send their child to their local school with confidence, with the £1.8 billion backed “Experts at Hand” to provide more support like educational psychologists for children with more severe behavioural and processing needs.
  
  

Key investment for SEND

• £1.6 billion for early years settings, schools and colleges over three years through the Inclusive
  Mainstream Fund, so settings can better support children with special educational needs and
  disabilities and embed more inclusive practices.
• £1.8 billion for Experts at Hand to bring more expert advice and services from education and
  health professionals such as educational psychologists and speech and language therapists
  into mainstream schools, early years settings and colleges
• £200 million for local authorities to transform their SEND services, who will be held firmly to
  account for delivering high-quality, inclusive provision
• Over £200 million for new training so all staff can feel more confident supporting children and
  young people with special educational needs and disabilities.
• £3.7 billion in capital for 60,000 new specialist places, including tens of thousands of places in
  Inclusion Bases, and to make buildings accessible to improve early years, school and college
  buildings

Sector Reaction

Paul Whiteman, general secretary of school leaders’ union NAHT, which represents leaders in the majority of schools in England, said: 

Commenting as the government today (Mon 23 Feb) publishes its plans for SEND education as laid out in its White Paper, Paul Whiteman, general secretary of school leaders’ union NAHT, which represents leaders in the majority of school in England, said:

“We welcome the publication of the government’s White Paper today, and are cautiously optimistic that it contains the foundation of a successful new approach to SEND education.

“The current SEND system isn’t working, financially or in terms of the education and care it delivers. Although change to that system will certainly cause anxiety, for schools and parents, this government is to be commended for finally tackling a broken system that desperately needed reform. It is important that everyone considers the plans, takes part in the consultation, and works together to create change for the most vulnerable children.

“We believe the government’s approach of looking at the whole child, from birth to adulthood, is the right one, with a focus on early intervention, local provision, inclusion of pupils within mainstream settings where appropriate, and collaboration with external services like social care and health.

“Crucially, the success or failure of these plans relies on there being sufficient funding – and on the availability of support services. The money announced is significant, and it is good that it is largely aimed directly at schools. We will now be looking closely at the details and speaking to school leaders across the country to assess the viability of the proposals and whether the investment is enough.”

Children’s Commissioner Dame Rachel de Souza said: 

“Children with additional needs and their families deserve clarity, so I welcome this commitment for a system that wants to prioritise children’s rights – instead of one that has failed them for far too long. 

“Families will understandably be anxious about what this moment of change will bring, but this is an opportunity to move to a system that acknowledges that every child, at some point in their lives, will require help and support. It’s an opportunity to rebuild trust with families and offer children greater ambition, instead of telling them they are the problem. 

“Under these plans, no child should fear losing support. I will be working closely with ministers and families over the coming months to make sure that becomes a reality.” 

Pepe Di’Iasio, General Secretary of the Association of School and College Leaders, said:  

“We commend the ambition of the government’s white paper to create an education system which is more inclusive and works better for children with special educational needs. Our schools and colleges already deliver a high standard of excellence, but too many children who face the greatest challenges lack the level of support they need and deserve because of long-standing problems with the current SEND system. 

“The government’s plan to build more support in mainstream schools, invest in professional development, prioritise early intervention, and provide better access to educational psychologists and speech and language therapists is the right way to go. 

“ASCL will work in partnership with the government to turn this vision into reality, striving to overcome any obstacles, and to ensure that these reforms work from the ground-up rather than top-down with schools and colleges in the driving seat of shaping excellent and innovative provision which will genuinely enable inclusivity for all.” 

Amanada Allard, Council for Disabled Children, said: 

“We welcome the scale of vision contained in the White Paper which has the potential to create an education system that fully values children and young people with additional needs and their families.   

“We also welcome the commitment to retain statutory Education, Health and Care Plans (EHCPs) for children and young people whose needs cannot be met through this new model. We know that many parents will welcome the legal requirement for schools to create Individual Support Plans (ISPs) for all children with SEND.   

“At the same time we know they will be concerned to understand how accountability will work.  the consultation launched today is an opportunity to clarify those details ensuring families have clear routes to action where these ambitions are not being delivered.” 

Commenting on launch of the Government’s Schools White Paper and the announcement of specialist SEND support in every school and community, NFER Chief Executive, Carole Willis, said:

“Schools are facing unprecedented pressures and meaningful reform is urgently needed. Numbers of pupils with SEND have risen to more than 1.7 million in 2024/25, up from 1.2 million in 2015/16. The strategies set out in today’s White Paper have the potential to strengthen the system and support high‑quality education.

“Reforms to the SEND system must address long‑standing inequalities between schools, as we know that primary schools with the highest rates of pupils with Education, Health and Care Plans (EHCPs) have, on average, six times the rate of pupils with EHCPs as those with the lowest rates. Given these inequalities, it is critical that the new system includes measures to incentivise equity and inclusion so that all pupils can get their needs supported locally.

“The teacher workforce already has challenges with a heavy workload, which has a knock-on effect on teacher retention. In this context, it is critical that proposed changes such as the introduction of the Integrated Support Plan are adequately funded to ensure that further pressure on school staff is avoided.In addition, the Government will need to ensure it builds up the capacity in other experts to identify and support children’s needs.”

Responding to today’s SEND reform announcement, Harry Quilter-Pinner, executive director at IPPR, said:

“Demand for EHCPs has soared by 250 per cent since 2014, with thousands of young people waiting more than a year for an initial assessment. The system is broken.

“EHCPs were only ever intended for exceptional cases, but cuts, Covid and the cost-of-living crisis have driven up need while stripping back schools’ capacity to provide support.

“Reforming the SEND system to invest more in early support will ensure more children get help sooner — and that EHCPs are reserved for those with the most complex needs.”

Dr Lisa Williams, Founder and Clinical Director, The Autism Service, comments:

“The current SEN system is under significant pressure. The number of children identified with neurodevelopmental conditions has risen sharply over the past two decades, and without reform, the system risks becoming impossible to sustain.

“A tiered model of support is familiar within health and education and, in principle, is a sensible and needs-led approach. Providing earlier, school-based support through Individual Support Plans may help some children access help more quickly. At the same time, we should acknowledge that moving through tiers can be frustrating for families, particularly if a child continues to struggle while waiting. Clear pathways and timely reviews will be crucial.

“It will also be important that reform considers the context behind rising demand. In recent years there has been a substantial increase in diagnoses of conditions such as autism and ADHD. Greater awareness is positive, but we must ensure assessment processes are robust and consistent, and that we are careful not to pathologise what may in some cases reflect normal variations in development.

“By strengthening the quality of assessments and ensuring that support is matched carefully to need, we can help direct resources to children with the most complex difficulties, while also supporting schools to meet a broader range of needs effectively. Ultimately, any reform to the SEN system must balance sustainability with fairness and keep children’s long-term outcomes at its heart.”

Jo Hutchinson, Director for SEND and Additional Needs at the Education Policy Institute (EPI), said: 

“Everyone agrees that the SEND system is dysfunctional and needs improving, but proposals to overhaul the statutory framework of legal entitlements come with risks: the loss of existing support, delays in accessing new support, and further bureaucracy for families. Effort spent on legislation is effort not spent on improving fundamental service quality through teacher training in child development, training additional specialist professionals to fill shortages – such as Educational Psychologists – and addressing shortcomings in the accessibility of the curriculum, assessments, and qualifications.

“Our research highlights that SEND needs develop across intertwined domains of children’s development, and that some needs are much less easily identified in school than others. The best possible version of these reforms would meet that complexity by giving top priority to increasing the number of specialist professionals available to participate in Experts at Hand, and by harnessing the commitment and creativity of teachers and the experience of families to design effective early support.

“Delivery is a question of staffing and resources in schools, and the answer to rising EHCP numbers is to meet needs earlier so that some families choose not to seek statutory support because there is less need for it.”