For many parents, navigating the SEN system in England can feel overwhelming. Delays, unclear processes and inconsistent decision-making are widely reported, and families are often left unsure of their rights or where to turn next. Pressures on the SEN system have increased in recent years, with rising demand for Education, Health and Care Plans (EHCPs), growing tribunal caseloads and concerns about long waiting times. As we move through 2026, understanding the current challenges within the SEN system in England is increasingly important for parents and carers seeking appropriate support for their children.
Why the SEN System in England Is Under Pressure
More children are being identified as having special educational needs, including Autism, ADHD, Speech and language difficulties, and social, emotional and mental health needs. While early identification is a positive step, it has placed significant strain on local authorities and schools. Many local authorities and schools are struggling with limited budgets, and placement shortages, leading to an increase in challengeable decision making and longer waiting times for Education Health and Care Needs Assessments (‘EHCNA’) delays in provision being implemented.
When Parents Are Forced to Challenge Decisions
An increasing number of parents are appealing local authority decisions through the SEND Tribunal. These appeals commonly relate to:
- Refusals to assess for an EHCP
- Refusals to issue an EHCP after assessment
- Inadequate provisions named in an EHCP
- Disputes over school placement
The number of requests for EHCNA’s has increased, so has the number of Education, Health and Care Plans (EHCPs). This, combined with an increase in challengeable decision-making and a rise in local authorities opposing appeals, means that the First-tier Tribunal (Special Educational Needs and Disability) is under significant pressure too. The current waiting time for a standard EHCP appeal hearing within the Tribunal is in excess of 1 year, with no sign of this improving any time soon.
The vast majority of appeals to the Tribunal are successful, often because the law has not been applied correctly, by local authorities. This suggests that many children and young people are being denied appropriate support until they formally challenge decisions, which should not be the case.
Concerns Regarding Future SEN Reform
The government has acknowledged that the SEN system is under serious financial pressure and has signalled that reforms are being considered. While change may be necessary, parents are understandably concerned about proposals that could reduce access to EHCPs or weaken the legal protections currently in place.
Any reform must ensure that children’s needs remain at the centre of decision-making, and that cost-saving measures do not come at the expense of children’s education, well-being or long term outcomes.
At this stage, it is not known if any reforms will actually happen and if so what that would look like. However, what we do know from the last reforms is that any changes would take time, so you do not need to worry that they will happen overnight.
Mainstream Schooling and Specialist Provision
Many children with SEN can and do thrive in mainstream schools when the right support is in place. However, inclusion must be meaningful and it must be recognised that it is not suitable for every child. For some children particularly those with complex needs, specialist provision is not only appropriate but essential.
Parents should be aware that the law requires placements to be suitable for the individual child and their special educational needs, not simply the most cost-effective option. Where a mainstream placement cannot meet a child’s need, local authorities must consider specialist settings.
How Specialist Education Law Advice Can Help
Behind every SEN case is a child who deserves the opportunity to learn, develop and thrive. While the system is under strain, the current legal framework remains in place to protect children’s rights. With the right guidance and support, parents can navigate the process more confidently to try and secure the provision their child needs.
Our Education Law departments supports families across all stages which include:
- Request an EHC Needs Assessment
- Appeal Local Authority decisions
- Challenge inadequate or unclear EHCP provision
- Seek a suitable educational placement
If you would like to discuss your concerns regarding your child’s education with one of our specialist solicitors, please do not hesitate to contact us on 0333 202 7175 or alternatively, send us an email at education@hcbgroup.com.
