SEND Law Hub
Every mainstream school must identify children with SEN, provide appropriate support, involve parents meaningfully, and publish information about how they do it. Best endeavours is the legal standard, not "we have not got the resources".
The 'Every Child Achieving and Thriving' Education White Paper was published in February 2026, alongside a companion document 'SEND Reform: Putting Children and Young People First'. These introduce significant proposed changes including Individual Support Plans, a new three-tier support model, and Specialist Provision Packages. The law documented here — the Children and Families Act 2014 and SEND Code of Practice 2015 — remains in full force until legislation and the updated Code are brought into effect. We will update each page as official text is published. See our SEND Reform 2026 page for a full breakdown.
The white paper introduces significant changes specifically affecting schools: Individual Support Plans replacing informal SEN support documentation, the four broad areas of need being updated, and the Inclusive Mainstream Fund of £1.6 billion making under-resourcing a weaker excuse than ever. None of these are law yet. See the reform section below for full detail.
Schools have extensive legal duties around identifying, assessing and supporting pupils with SEN, whether or not they have an EHCP. This chapter covers what schools must do, what families can expect, and where things most commonly go wrong.
Section 66, Children and Families Act 2014. Code of Practice § 6.14 to 6.35
All schools must use their best endeavours to make sure a child with SEN gets the support they need. A child has SEN when their learning difficulty or disability calls for provision different from or additional to what is normally available. Teachers remain responsible for the progress of all pupils in their class.
Four broad areas of need are: communication and interaction, cognition and learning, social emotional and mental health, and sensory or physical.
Best endeavours is a legal bar, not a vibe. No diagnosis is needed to identify SEN. The test is need and the provision required.
Write to the SENCO asking: has my child been assessed for SEN, what is the plan, and when will it be reviewed.
The white paper proposes replacing the current four broad areas of need with new areas of development that more closely reflect child development and classroom practice. Until the updated SEND Code of Practice is published, the current four areas remain in force. The fundamental test — whether a child's difficulty calls for provision different from or additional to what is normally available — does not change.
Section 66, Children and Families Act 2014. Code of Practice § 6.44 to 6.56
Once a pupil is identified with SEN, schools must remove barriers and put effective provision in place through the assess, plan, do, review cycle. Parents must be informed when SEN support starts and be involved regularly in planning, review and assessment.
This must be written, outcomes based, and reviewed to a date. If progress is not there, the cycle should intensify and may involve specialists.
Ask for the full SEN support paperwork: plan, outcomes, review dates, and progress data.
The white paper introduces a statutory duty on schools to document SEN support in an Individual Support Plan (ISP), developed with parents. This will formalise what is currently the informal SEN support documentation. Once ISPs are law, a school that fails to produce one, or produces one without parental involvement, will be in breach of a statutory duty.
For now, the assess, plan, do, review cycle applies and you can ask for written documentation of outcomes, provision and review dates using the existing framework.
Section 67, Children and Families Act 2014. Code of Practice § 6.84 to 6.94
Maintained schools must have a qualified teacher as SENCO and they should complete the National Award for SEN Coordination within 3 years. The SENCO coordinates provision, liaises with parents and agencies, and should be part of senior leadership in larger schools.
The SENCO must be a teacher, not a TA or admin. Access and responsiveness matter.
Put requests to the SENCO in writing. Escalate to the head teacher and governors if access is blocked.
The white paper announces a SEND training programme of over £200 million to equip school staff — not just SENCOs — to support children with SEND confidently. It also strengthens the expectation of adaptive teaching: teachers adjusting their methods in the classroom to support every child. This is already part of best endeavours but is now an explicitly stated and funded expectation. If staff at your child's school lack basic knowledge of your child's needs, the government is now committing to address this systemically.
Section 69, Children and Families Act 2014. SEND Regulations 2014. Code of Practice § 6.79 to 6.83
Schools must publish an annual SEN information report detailing identification, assessment, support processes, parental involvement and transitions, and keep it on their website.
It should be specific and practical, not a token statement.
Review it before choosing a school. Missing reports are a red flag and often picked up in inspection.
Section 36, Children and Families Act 2014. Code of Practice § 6.63 to 6.66
Where relevant and purposeful action has not led to adequate progress, the school should consider requesting an EHC needs assessment. Parents and young people can request directly and the local authority must respond within six weeks.
School support does not have to fail for years. If progress is not there despite proper support, request assessment.
Use a request template, submit to the local authority SEND team, and keep evidence of SEN support and lack of progress.
'Every Child Achieving and Thriving' — DfE, February 2026
The white paper introduces a statutory duty on all schools to record SEN support in an Individual Support Plan (ISP), developed with parents. Every child receiving Targeted SEN support will have a written ISP. ISPs sit below the EHCP threshold and document the day-to-day provision delivered by the school.
Currently, SEN support documentation is often informal, inconsistent, and varies enormously between schools. ISPs make this statutory. Once ISPs are law, you have a formal right to see, contribute to and challenge the ISP. A school that refuses to produce one or excludes you from the process will be breaching a statutory duty — giving you a much stronger basis for complaints and escalation.
The white paper commits £1.6 billion over three years through an Inclusive Mainstream Fund to ensure needs are identified early and met consistently in schools. Schools will be required to participate. This is the government's direct acknowledgement that under-resourcing has driven exclusion. It significantly weakens the argument that schools cannot afford to meet a child's needs.
This fund does not yet exist, but once operational, "we don't have the resources" becomes an even weaker defence for failing to meet SEN. Best endeavours under Section 66 applies now and funding constraints are not a lawful excuse even under the current system.
The white paper proposes replacing the four broad areas of need with new areas of development aligned more closely with classroom practice. The detail will come when the updated SEND Code of Practice is published. Until then, the current four areas — communication and interaction, cognition and learning, social emotional and mental health, and sensory or physical — remain the legal framework.
The white paper strengthens the expectation that teachers use adaptive teaching — adjusting their methods to meet the needs of every child in their class. This is already embedded in best endeavours under Section 66, but the white paper makes it an explicitly stated standard backed by significant investment in staff training.
If a teacher has never adjusted their approach for your child despite documented SEN, that is not best endeavours — and this expectation is now being reinforced at national level.
Section 66 best endeavours — unchanged. SENCO must be a qualified teacher — unchanged. Section 36 assessment request route — unchanged. SEN information report duty — unchanged. All timescales — unchanged. None of the proposed changes reduce or replace current rights. They add to the framework when brought into law.
