Labour's Views on SEND and What to Expect

The government has acknowledged that the current SEND system is under pressure and there are ongoing discussions about potential reforms and changes to EHCPs.

Official Labour documents do not confirm any details about changing EHCPs and therefore it is unclear what will likely happen in the future.

Core Principles of Labour’s Approach

• Labour wants to improve early assessment, identification and support, especially within mainstream schools, so that needs are addressed sooner and more effectively.
• The party supports expanding specialist places and expertise within mainstream settings, ensuring teachers have better training and support to work with pupils who have SEND.
• Labour states it will ensure special schools cater to pupils with the most complex needs.

The following are future possibilities for the SEND Tribunal in England under the current Labour government:

The SEND Tribunal Will Likely Be Retained — For Now

The Department for Education has publicly stated it has no plans to abolish the SEND Tribunal entirely. Despite this, the delivery of the statement has raised questions and there is still a general feeling of uncertainty for the long-term implications.  

Reforming the Role and Function of SEND Tribunals

Discussions are focusing on reforming how tribunals operate to ease system pressure. The main focus appears to be on reducing backlogs and delays as well as improving efficiency of the tribunals with better case management. We have already seen some changes to this with case review hearings being changes to JADR (Judicial Alternative Dispute Resolution). This is where the Tribunal with take the opportunity to do an advanced evaluation of evidence which is then shared with the parties.

Shifting Emphasis to Early Resolution

Some discussions suggest that Labour’s wider SEND reforms will aim to tackle the root causes of appeals for example, by improving local decision-making hopefully leading to fewer families needing to appeal. Currently, we see many local authorities applying their internal policies rather than applying the relevant legal test and case law.

Possible Shifts in the Issues That Tribunals Hear

A major, currently unresolved question is what appeals are permitted could change, one of the largest potential changes could be entitlement to EHCPs. This would be a vast change if EHCP entitlement was reviewed and changed.

SEND White Paper

This is a government policy document that would set out any future changes to England’s SEND processes. The White Paper, expected in early 2026, will be addressing the increasing numbers of SEND appeal lodged, inconsistent support, funding and inclusion amongst other matters.

Timeline for the SEND White Paper

2025 (Original Timeline) - The Government had initially planned to publish the White Paper, including SEND reforms, in autumn 2025.

Late 2025 (Delay Announced) - Education Secretary, Bridget Phillipson, confirmed that the White Paper will not be published in autumn 2025. Instead, it was postponed to allow for more stakeholder engagement and ‘co-creation’ of policy with families, educators and experts.

Early 2026 (Expected Publication) - The latest confirmed timeline is that the White Paper, including SEND reforms, will be published in early 2026. There is no information as to when exactly the paper will be published.

During the delay, the Department for Education has been running a “SEND reform national conversation”. These are events and discussions open to parents, carers, young people, educators and stakeholders to form the policies in the White Paper.

When Will We Get More Answers?

When the White Paper is published it will be able to give some indication as to the future of SEND and EHCPs.

The White Paper will contain decision on the tribunal’s role. This will include scope of appeals and thresholds for EHCPs. It is largely expected that alternative dispute pathways and processes will be included. This may mean that SEND Tribunals will expect local authorities and families to meet regularly to discuss how the appeal can conclude with a consent order rather than going to a final hearing.

Some of the tribunal-relevant policy areas likely being explored, are not confirmed, include:

• Whether the legal framework for EHCP entitlements should be changed.
• How to reduce tribunal caseload and delays.
• Safeguards to ensure meaningful legal rights remain.

In summary, the Labour’s reform framework emphasises better early support, stronger mainstream capacity, and reducing disputes. If successful, this could reduce the volume of tribunal cases by addressing the causes of appeals earlier. No change is currently guaranteed and we are in the situation of waiting for definitive answers and direction. 

If you would like to speak with a member of our Education Law team about support for a child or young person, please contact us. We will be happy to help: info@watkinssolicitors.co.uk    0117 939 0350

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