What do education lawyers have to say about the new Schools White Paper?

The government has recently outlined its plans for significant reform to the SEND system in its new Schools White Paper. Now, education law specialists at UK and Ireland law firm Browne Jacobson are offering their insights. They have advised on how the proposed changes could reshape appeals, parental engagement and the future structure of school trusts.

SEND appeals

Philip Wood, principal associate at Browne Jacobson, advises schools and trusts on SEND matters and the SEND Tribunal. He said the proposed reforms to the appeal process represent a major shift that will significantly affect parents and schools.

The DfE’s vision for SEND centres on three strategies:

• expanding mainstream provision through SEND units and additional staff support
• raising the threshold for securing the replacement for an EHCP
• reforming appeal rights

These proposals respond to rising SEND costs but face substantial challenges. Increasing provision in mainstream schools is essential for an inclusive system, but adequate funding will be critical.

The DfE plans £4bn over three years, including £1.6bn directly for schools. However, this follows a £5bn write‑off of local authority SEND deficits, and nine in 10 school leaders report dissatisfaction with current funding, raising doubts about the impact of this investment.

While some favour more special schools, the government sees SEND units on mainstream sites as the most cost‑effective option. The Education Estates Strategy outlines approaches such as repurposing surplus spaces or building new inclusion bases.

Raising the threshold for the EHCP replacement and introducing a school‑led support plan for children with less complex needs may draw parental opposition. Parents may see the change as reduced support compared with the legally enforceable EHCP.

Since the 2014 reforms, SEND outcomes, value for money and exclusion data indicate deep systemic problems. Combined with the adversarial nature of the current model and delays in securing provision, meaningful change is widely needed.

Political obstacles are expected, and parents may push harder for EHCPs before the 2029 overhaul. With Tribunal appeals already at record levels, pressures may worsen before improving.

Under the reforms, parents may still challenge their child’s school placement, but the Tribunal would only judge whether the local authority’s decision was reasonable. The council, not the Tribunal, would reconsider placement. As over 60 per cent of appeals involve placement, many parents may view this as a loss of rights.

Consequently, more parents may turn to complaints or Equality Act claims against schools, shifting the centre of SEND disputes from local authorities to schools.

Parental complaints

Victoria Hatton, partner specialising in parental complaints at Browne Jacobson, said the White Paper recognises that the school‑parent relationship has fractured and must be rebuilt through coordinated action, not left to schools and families alone.

Plans to set minimum expectations for home–school partnerships and align requirements for maintained schools and academies are welcome and reflect long‑standing recommendations.

A new digital system will help agencies coordinate complaints and prevent cases being escalated through multiple routes, reducing duplication caused by overlapping external processes.

However, the White Paper lacks the legislative force needed to underpin these expectations. While the language of ‘minimum’ and ‘mutual’ expectations is positive, the framework remains advisory.

Hatton argues the DfE should reinstate mandatory home–school agreements with legal status, including requiring parents to sign before enrolment. The White Paper’s reference to such agreements as optional good practice falls short of this.

The proposed complaints portal and clearer signposting are significant improvements, but key issues remain unresolved, such as how to respond when relationships irretrievably break down or when persistent parental misconduct affects pupil registration.

The government acknowledges the rapid rise in parental complaints, including more recent increases in AI‑generated submissions, but has opted for co‑design and guidance rather than firm regulation. Whether these measures will rebuild trust remains uncertain and depends on detailed implementation.

Groups of schools

Lydia Michaelson‑Yeates, partner specialising in academy projects and conversions, said the ambition for every school to join a trust is positive, as many underperforming schools improve within strong trusts that share resources, expertise and practice.

High‑quality, robust trusts are essential to addressing the SEND crisis, and closer collaboration between trusts and integrated care boards will help move away from fragmented SEND provision.

The challenge is pace. The White Paper acknowledges conversion will be gradual. As of November 2025, 45 per cent of schools remain maintained, meaning around 10,000 still need to convert.

Some may join newly created local authority‑run trusts which is a significant policy shift. These trusts will face challenges replicating the commercial skills embedded in existing trusts.

The White Paper offers no guidance on ideal trust size but signals the end of single academy trusts. Around 950 will need to partner or merge.

Funding is another concern. The £25,000 conversion grant ended in December 2024, leaving uncertainty over who will fund the costs of onboarding new schools.

Achieving a fully trust‑led system will require considerable work, but success would place collaboration at the heart of the education system.