Stone King: How key legal duties will change for independent schools, as a result of SEN reform

Posted: 3rd March 2026

‘Every child achieving and thriving’ and ‘Putting children and young people first’

The Government’s new schools white paper proposes far‑reaching SEN reforms and changes to how schools will support pupils with special educational needs. These are changes that, while aimed primarily at the maintained sector, will have notable knock‑on effects for independent schools.

Although nothing will change immediately, the plans outline a major shift in responsibility from local authorities to schools themselves. Individual Support Plans (ISPs) are set to replace much of the current EHCP detail, creating new legal duties for all schools, including independent schools, to design, deliver and review personalised support for pupils with SEND. Increased parental co‑production, expanded complaints expectations, and greater accountability for provision will all follow.

Alongside this, SEND funding and commissioning structures are set for a significant overhaul. New inclusion units in mainstream schools, reduced reliance on EHCPs, and tighter national frameworks for specialist provision are likely to reshape placement patterns, potentially reducing referrals to the independent sector. Independent special schools may also face new regulatory standards, funding bands and admissions duties.

For mainstream independent schools, the combined effect could mean higher numbers of pupils with ISPs (not EHCPs), less funding for pupils, new pressures on staffing and resource planning, and a need to reconsider where they and their pupils fit within this proposed new framework for SEND provision.

These changes could profoundly reshape SEND provision over the next decade, particularly for schools already supporting high numbers of pupils with additional needs.

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For more information or to discuss any concerns you may have, please contact Partners Charlotte Melhuish (CharlotteMelhuish@stoneking.co.uk) and Kenji Batchelor (KenjiBatchelor@stoneking.co.uk)

Source: Stone King

Categories: Sector News