and will the Law change?

by SEN Parent Support Group

“Navigating The SEND Educational Processes For Better Outcomes – TOGETHER”™

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Big Changes #

You will find our initial analysis of the SEND Reform White Paper here: What we have covered thus far – How that effects you and your child – Is your child protected? (Easy Flow Chart) – Information on the White Paper and the lack of EOTAS specification within.

The SEND reforms introduce big changes to how independent special schools operate. This needed to be separate because these schools have always sat slightly outside the mainstream system, which is why many families rely on them when local provision can’t meet their child’s needs. Under the new plans, that’s going to shift.

This information sheet explains what’s changing, who will be regulating these schools, and what it means for our SEND parents.

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1. Independent Special Schools Will Have to Meet New National SEND Standards #

For the first time, independent special schools will be required to follow a set of national standards covering:

• The type of support they offer
• Staffing and qualifications
• Curriculum expectations
• How they record and report progress

These standards are being set centrally by the Department for Education (DfE).

What this means for parents:
Some schools may need to change how they work. Highly specialist or therapeutic settings may struggle to fit into a “standardised” model, which could affect availability and suitability.

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2. They Will Be Brought Into a Tighter Inspection and Accountability System #

Independent special schools will face:

• More frequent inspections
• Standardised reporting requirements
• Monitoring of outcomes against national SEND pathways

This oversight will be carried out by Ofsted and the DfE, bringing these schools closer to the regulatory framework used for state special schools.

What this means for parents:
Increased oversight sounds positive, but schools offering very individualised or non‑traditional provision may be penalised for not fitting the new template. This could reduce the diversity of specialist provision available.

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3. Local Authorities Will Have More Control Over Placements #

Under the reforms, local authorities will be expected to:

• Prioritise placements within the national system
• Only use independent special schools that meet the new standards
• Justify any placement outside their “local SEND system”

What are these ‘new standards’?

The White Paper repeatedly refers to national SEND standards, but it does not define:

• what the standards actually are
• how detailed they will be
• how they apply to individual children
• how they interact with existing legal duties under the Children and Families Act

This lack of clarity gives parents room to argue:

• Standards cannot override the legal requirement for provision to be specific and quantified.
• Standards cannot be used to deny specialist provision if the child’s needs require it.
• Standards must be interpreted in a way that is compatible with the child’s individual needs.

Why this helps parents: At present if an LA tries to use “national standards” as a reason to refuse a specialist placement, parents can challenge it because the standards are not yet defined and cannot lawfully replace need‑led decision‑making.

The White Paper uses the phrase ‘local SEND system‘ to justify keeping children in mainstream or LA‑preferred settings. But this term:

• has no legal definition
• does not appear in the Children and Families Act
• cannot be used to override parental preference or Section 39 duties

Parents can argue:

• The LA cannot refuse a specialist school simply because it is “outside the local SEND system.”
• The only lawful tests remain: suitability, efficient education of others, and efficient use of resources.

What this means for parents:
Expect more pushback when requesting independent placements. LAs may argue they can meet need locally, even when parents disagree. Securing an independent placement is likely to become harder than it already is. Any LA refusal based on “local system” arguments is challengeable because the term has no statutory force.

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4. Fees and Funding Will Be More Tightly Controlled #

Independent special schools are often expensive. The reforms aim to make the system “financially sustainable,” which includes:

• Greater scrutiny of fees
• Possible funding bands or caps
• Pressure on LAs to avoid high‑cost placements

What this means for parents:
Cost will play a bigger role in placement decisions. Families may face more refusals based on funding rather than need.

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5. Some Independent Schools May Not Be Able to Meet the New Requirements #

Because these schools will now need to:

• Meet national standards
• Undergo more inspections
• Align with national SEND pathways
• Justify their fees

…some may struggle to adapt.

What this means for parents:
There is a real risk that some smaller or highly specialist schools may close or reduce their offer. This could limit options for children with complex needs who rely on these settings.

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Who Will Regulate Independent Special Schools? #

Under the reforms, regulation will be shared between:

Department for Education (DfE) #

• Sets the national SEND standards
• Approves which independent schools can be used for placements
• Oversees compliance with the new framework

Ofsted #

• Inspects independent special schools
• Monitors safeguarding, curriculum, and outcomes
• Ensures schools meet the new standards

Local Authorities #

• Decide whether a school is “appropriate” for a child
• Control funding and placement decisions
• Must follow the national standards when naming a school in an EHCP

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What This Means for Families #

In simple terms:

• Independent special schools will face more rules and more oversight.
• Local authorities will have more power to refuse placements.
• Some schools may struggle to survive the transition.
• Parents may find it harder to secure specialist, therapeutic, or autism‑specific provision.

This is part of a wider shift in the reforms: moving away from flexible, individualised provision and towards a more centralised, standardised system.

The White Paper contains multiple vague or undefined terms that cannot override existing law and therefore create openings for parents to challenge decisions.

The most useful ambiguous phrases are:

• “National SEND standards”
• “Local SEND system”
• “Financially sustainable system”
• “Strengthening mainstream”
• “Standardised pathways”
• “Appropriate school”

Each of these can be used to argue that:

• the LA is misapplying policy
• the LA is using blanket reasoning
• the child’s individual needs still justify specialist provision
• statutory duties remain unchanged (at the moment)

Children and young people who already have a place in specialist provision are in the strongest position under the new SEND reforms. The White Paper confirms that any child who is in a special school in 2029 will be able to keep their specialist placement until they finish education, if that is what they need and want. This means they cannot be pushed back into mainstream, downgraded to an ISP, or have their specialist support removed because of the new system. The only thing the local authority may still debate is which specialist setting is appropriate, not whether your child continues to receive specialist education. For families already in specialist provision, this is one of the few areas where the reforms offer clear protection.

SEND LAW – Will it change?

As we progress through the full documentation and analyse further specifics you might find that some of our resources change. However, note that Law is still Law (at this moment in time) and that is yoru recourse at present. All of our resources are ground in the legal frameworks below:

Children and Families Act 2014 (CAFA 2014) – SEND Regulations 2014 – Education Act 1996 – Historic Case Law

IMPORTANT NOTE:

The White Paper is not just policy. It is a blueprint for rewriting SEND law. Several sections explicitly signal legislative change and signals the biggest rewrite of SEND law since 2014.

Changing the Law that currently stands, will not happen overnight, it is a lengthy process. However, If you take anything from this, it has to be – fight now, fight hard and fight for your child’s education and needs to be met! TODAY is the time to do it to secure and protect your child or YP moving forward into these new policies.

You may be interested in the following Parent CPD training suite which supports everything you need to know within the current law and process. These are your lifeline to ambiguous reform and your backbone to your empowerment! You can view the slides below or once within the link you can watch the webinars broken down into 8 packages.

TRAINING: The Complete SEND Law Parent Training. – SEN Parent Support Group