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The University of Liverpool Law Clinic has submitted a formal response to the Government’s consultation on proposed reforms to the special educational needs and disabilities (SEND) system, as set out in the Government’s White Paper “Every Child Achieving and Thriving”.
The overall aim of the proposed reforms is to help more children get support earlier by investing in mainstream schools so that families need to fight less for support.
Schools will be required to develop Individual Support Plans for children that need extra support, and Education, Health and Care plans (EHC plans) will be reserved for children with the most complex needs. Alongside the extra investment, it is envisaged that more disputes will be handled by schools directly (as opposed to the current system where parents appeal to the Tribunal). The proposals would also change the Tribunal’s role, removing its power to decide which school a child should attend.
Liverpool Law Clinic provides free legal advice to parents and carers of children and young people with SEND, helping them to secure the support to which their children are legally entitled. The Clinic has supported families navigating the SEND system since 2018 and has worked with hundreds of clients across Merseyside.
The response, sent on 14 May 2026, draws on the Clinic’s casework and findings from a survey of 24 parents and carers conducted between 24 April and 13 May 2026. The Clinic welcomes the Government’s stated commitment to improving outcomes for children with SEND, but says its evidence highlights concerns about the practical implications of the proposals.
The survey found that 58% of respondents did not support the aim of increasing the number of children with SEND educated in mainstream schools, while 96% said that mainstream schools in Merseyside are not currently equipped to meet their needs.
The response also raises concerns about proposed changes to legal safeguards. All respondents expressed concern about removing the SEND Tribunal’s power to direct which school a child should attend. In addition, 92% said they were “very concerned” about the absence of a confirmed legal duty on schools to deliver provision under proposed Individual Support Plans.
Confidence in school complaints processes was low, with 75% of respondents saying they were “not confident at all” that complaints about SEND provision would be dealt with fairly. A majority (87.5%) also said they were concerned that requiring complaints to be made directly to schools could make it harder to maintain a positive relationship between families and schools.
James Betts, SEND solicitor at Liverpool Law Clinic, says: "While many families share the aspiration of a truly inclusive education system, our survey of families across Merseyside tells a clear story: without significant investment, enforceable legal duties and meaningful accountability, these proposals risk leaving the most vulnerable children without the protections they are legally entitled to. The White Paper fails to address the two issues families raise most consistently: the absence of real accountability and the reality that some children have needs which simply cannot be met in mainstream provision. It is imperative that parents and carers have trust in the proposed changes; proposals that reduce accountability risk losing that trust from the outset. We fear these changes will not deliver the reform that children with SEND so urgently need."
The Clinic has called on the Government to consider the views of families with direct experience of the SEND system before finalising the proposed reforms and has said it would welcome further engagement on its findings.