Blog: Friday 11th September - Bevan Brittan: Back to school for SEND lawyers: A checklist for the year ahead

Callum Scott
Amrita Hurst

Deborah Jeremiah

Back to school for SEND lawyers: A checklist for the year ahead

As schools return and local authority teams settle into a new academic year, one eye will be on Westminster where legislators have also returned from their summer break (albeit they are soon to depart again for conference season).

The initial momentum generated by the flurry of policy papers and consultation questionnaires published in the first half of 2026 has somewhat dissipated – a consequence perhaps of both the summer break, and of the changes within government.

Despite this apparent lull in political activity the SEND system continues to face significant pressure, with rising numbers of EHCPs, increasing demand on specialist provision, and ever-growing demands on the legal system (through both Tribunal appeals and wider public law challenge).

Against this backdrop, many local authority decision makers and lawyers will be reviewing their teams’ readiness for the new academic year:

Are your teams prepared for SEND reform?

The government's reform agenda continues to focus on strengthening mainstream inclusion, reducing inconsistency between local areas, and developing support arrangements below the EHCP threshold. Proposed reforms have sparked significant debate across the sector, particularly regarding the future role of statutory plans and the protection of parental rights.

For local authorities, schools and health bodies, the legal challenge will be balancing changing policy expectations with existing statutory duties. Until any legislative changes take effect, current duties under the Children and Families Act 2014 remain firmly in place.

Are statutory duties being met in practice?

Whilst debate often focuses on future reform, many disputes continue to arise from existing obligations. Delays in assessment, failures to secure specified provision, and disagreements over placement remain common sources of challenge.

Practitioners should expect continued scrutiny of whether local authorities are complying with their non-delegable duties to secure special educational provision specified in Section F of an EHCP. As budgets tighten, the risk of complaints, tribunal appeals and judicial review claims is unlikely to diminish.

Is Section 19 on your risk register?

Recent years have seen increasing attention paid to local authority duties under Section 19 of the Education Act 1996.Where children are unable to attend school because of illness, exclusion or otherwise, councils may face challenge if suitable alternative education is not arranged promptly. This issue is particularly significant for children with SEND, including those experiencing emotionally based school avoidance, unmet needs or placement breakdowns.

For pupils with SEND and who have an EHC Plan, there is a parallel track of risk arising from the duties to secure provision under Section 42 of the Children and Families Act 2014.

Section 19 remains a common source of complaints, ombudsman findings, and public law litigation.

Are health partners meeting their obligations?

Many SEND disputes originate outside of the school system. Delays in diagnostic pathways and capacity constraints in NHS speech and language therapy, occupational therapy and other specialist services continue to place pressure on schools and local authorities.

Public bodies should continue to monitor the extent to which effective joint commissioning and multi-agency working are being achieved. A recurring theme across reform discussions is that educational outcomes cannot be separated from health and care provision.

Bevan Brittan work proactively with all organisations and services that support children with SEND, and their families. If you would like to know more on how we can support your organisation managing SEND, please contact Callum Scott, Amrita Hurst, or Deborah Jeremiah.