SEND changes delayed again with new rules on EHCPs now expected in 2027

The long-awaited overhaul of special educational needs education is set to be delayed yet again, giving the Government an uphill task of getting legislation on the books in this Parliament. Ministers had been expected to publish their response to the consultation on special educational needs and disabilities (SEND) reform this month. It is suggesting more support in mainstream schools and fewer care plans. But multiple Whitehall sources say the timetable has slipped to the new year, although the Department for Education has declined to confirm when its response will be published. Shorts The delay threatens to squeeze an already tight schedule to pass the Education for All Bill and have the new system ready by September 2029. The next general election must be held by August 2029 – meaning the legislation will need to progress before voters go to the polls. Delays risk prolonging financial crisis It also risks prolonging the financial crisis facing councils, which are struggling to meet the rising cost of legally required support. One Whitehall source said the hold-up would “lengthen the timetable and thus mean that the trajectory for Education, health and care plans (EHCPs) to come down will be more gradual”. ECHPs are legal documents setting out the support a child must receive. Ministers want them reserved for pupils with the most complex needs by 2035, but demand for the plans continues to grow. The claims come ahead of Lucy Powell’s first appearance before the Education Select Committee since becoming Education Secretary in July. MPs are expected to question her on the timetable for SEND legislation when she gives evidence on Wednesday morning. It would not be the first delay. The schools white paper setting out the reforms had been due in autumn 2025, but ministers pushed its publication back to early 2026. It was eventually published in February. The latest uncertainty will also intensify questions over how much of the package devised by her predecessor, Bridget Phillipson, will survive. Care plans only for those with most complex needs Under the proposals, support would be organised into four levels. The first, known as the universal offer, would see mainstream schools provide better support for all pupils, including those with additional needs. Children requiring more help could receive targeted support, such as small-group teaching and tailored classroom materials, or targeted plus, which would give them access to specialists including speech and language therapists. At the highest level, children with the most complex needs would receive specialist support through nationally defined packages of provision, with EHCPs retained to guarantee their legal entitlements. The Government says the new system will allow more children to get help earlier without having to secure an EHCP. But campaigners fear that children who currently qualify for legally protected support could lose some of those rights if they no longer meet the proposed threshold for specialist provision. A group of 36 campaigners, including Chris Packham, Sally Phillips and Simon Baron-Cohen, wrote to ministers last month urging them to abandon key elements of the proposals. Dash for EHCPs For families, the uncertainty comes as the SEND system faces unprecedented pressure. Some 718,800 children and young people had an EHCP in January – up 12.5 per cent in a year and the sharpest annual rise since the plans were introduced in 2014. Council leaders say applications have surged since the reforms were unveiled, as parents and schools rush to secure support before the rules change. A longer wait for clarity could prolong that rush. The financial pressures are mounting despite the Government having paid £5.79bn to 129 councils to cover 90 per cent of their accumulated SEND deficits up to March 2026. However, new deficits are already building. The Office for Budget Responsibility (OBR) expects councils’ SEND deficits to rise from £2.8bn in 2025-26 to £4.2bn this financial year and £5.7bn in 2027-28. The Government has promised further support for councils, but says it will not be unlimited. The County Councils Network forecasts that, even after the Government’s bailout, councils’ SEND deficits will rebuild to £4.8bn by March 2027 and £10.4bn a year later. It is calling for ministers to write off 90 per cent of this newly accumulated debt too, warning that anything less would be a “financial catastrophe”. Local authorities must pay for transport to and from schools for EHCP pupils. Often this is by taxi. The Local Government Association estimated the cost for local authorities for home to school transport in 2025/26 at £2.5bn, with SEND accounting for around 70 per cent of this A Department for Education spokesperson said: “We are on track to deliver our once-in-a-generation SEND reforms, and are completely committed to the implementation timelines set out in the Schools White Paper. “Backed by £4 billion investment, we are already taking action to transform the system – backing schools to improve inclusion, widening access to specialist support and rolling out training for every teacher. “We’re carefully reviewing the responses to our consultation and will announce next steps soon.”