The new Children’s Wellbeing and Schools Act received royal assent in April 2026. This Act brings significant changes to the provision of support for children with SEND (Special Educational Needs and Disability), writes Carolyn Osbourne.
Although Education Health and Care Plans (EHCP) will still be available, only children with the most complex needs will qualify for an EHCP. At present it is not clear what will be deemed “complex” enough to warrant the provision of an EHCP.
How does the Children’s Wellbeing and Schools Act change support for SEND children?
The new Act will mean that all children with SEND will be given access to set packages of support which will be called Targeted, Targeted Plus or Specialist Support. Children with Specialist Support will be able to access an EHCP .
Importantly, only children who qualify for access to an EHCP can appeal the details of their support by taking the matter to an Independent Tribunal. Children who have Targeted or Targeted Plus support can no longer take concerns to Tribunal but will have to use an internal complaints procedure via the governance of the school.
The complaints panel must include a specialist governor member, although again it is not clear who will be deemed a “specialist” panel member or what qualifications or training will be given to the specialist member. It is also not clear what a parent can do if they cannot get resolution via the school’s complaints system.
Another significant issue is that the targeted provisions are set packages not driven by the individual children’s special needs, whereas the current EHCP systems ensures that provisions are bespoke to each child’s requirements.
How can parents manage the changes brought by the Act?
Parents will no doubt be driven to ensure EHCPs are secured before the changes impact on their child’s access to provisions designed to support them, rather than generic provisions that may be easier to access and be delivered but may not meet their child’s actual needs.
The flaw in the new system, I fear, is that parents with no access to a Tribunal may be forced to use judicial review as the only viable remedy to challenge the public body (namely the school) and may struggle to gain legal aid or funding to do so.
The clock is ticking as children with EHCPs will be assessed on each phase change (primary to secondary school, or nursery to primary etc.) from 2030. Following the changes, if your child does not have an EHCP you may not have an opportunity to challenge a decision before an Independent Tribunal.
