As the February Schools White Paper approaches, legal experts and parent groups are sounding the alarm over a rumored “two-tier” system that could fundamentally change how children receive support.
Internal reports suggest that the Department for Education is considering a “Grandfather Clause” for Education, Health, and Care Plans (EHCPs). Under this proposal, existing EHCPs would remain protected under the 2014 legal framework, but new applicants from September 2026 would face a significantly higher threshold for support.
The Strategy: Narrowing the Gateway
The goal is to stem the rising flow of EHCP applications, which hit record highs in late 2025. The White Paper is expected to propose:
- “Ordinarily Available” Funding: Mainstream schools would receive a flat-rate budget to support common needs (like dyslexia or mild ADHD) without requiring an EHCP.
- Specialist-Only EHCPs: The legal right to a plan may be reserved exclusively for children in specialist settings or those with “severe and complex” medical needs.
The Risk: If your child was diagnosed in 2024, they have an enforceable legal document. If they are diagnosed in 2027, they may only have a “School Support Plan”—a document with far less weight in a tribunal.
