Complaints process, Accountability and Judicial Review
The Government has published proposals to reform the SEND system. These proposals are part of the wider Schools White Paper and related SEND reforms. Parent Carers are being asked to respond to 39 specific questions about the SEND reform.
As parent carers ourselves we know how difficult it can be finding the time to read such a large amount of information and respond to a long consultation. We’re here to help. Each week we will focus on an aspect proposed changes, and ask you to share your views in series of short, bite-size surveys making it quick and easy to share what matters most to you.
The Government’s Schools White Paper, Every Child Achieving and Thriving (2026), sets out plans to improve education across England and the consultation document, SEND Reform: Putting Children and Young People First, outlines proposed changes to how concerns and complaints may be handled at different levels of support and makes changes to accountability for elements of SEND support. However, it is not yet fully clear how these processes would work in practice for families.
Under the current system, local authorities are subject to clear legal obligations and routes of accountability, particularly through EHCPs and enforceable provisions such as Section F. However, under the reforms the duties will lie with schools.
The proposals suggest the intention is to resolve concerns earlier. It is not yet fully clear how accountability will operate in practice, particularly around how duties will be enforced and how effective different routes will be for families if concerns are not resolved. There are also questions about how these changes may affect existing rights, particularly where more decisions sit within school-based processes.
What is being proposed?
The Government proposes to strengthen “home-to-school partnerships” to help ensure families are clear about what to expect from schools, and what schools expect from families, with the aim of preventing concerns from escalating. The Schools White Paper states that the complaints system should be “clear, effective… and command confidence… so that complaints are resolved effectively.”
Accountability
Proposals include the introduction of National Inclusion Standards [insert link], alongside a more consistent approach to SEND support within schools.
This is expected to include clearer Individual Support Plans (ISPs), [insert link] improved communication with families, and a greater role for school staff, including teachers and SENCOs, in supporting children and young people in order to strengthen the universal offer. As part of this, schools would be responsible for creating and reviewing a digital Individual Support Plan (ISP) for children and young people with SEND. It is not yet clear whether ISPs would be legally enforceable in the same way as EHCPs are currently.
The proposals suggest a strengthening role of governing bodies and academy trust boards, placing greater responsibility on them to ensure schools proactively meet the needs of all pupils at a cohort level. They are expected to provide robust scrutiny by challenging Inclusion Strategies and sampling Individual Support Plans, ensuring provision is high-quality, improves outcomes, and promotes an inclusive culture in practice.
Complaints Process
The Government also proposes a new digital system to support data collection and clearer timeframes for managing and resolving complaints. In addition, work is underway with sector partners, including the Improving Education Together group (teaching unions and employers) and Parentkind a charity, to support the development of guidance for schools and families, including a ‘Parent’s Guide to School Complaints’.
Under the proposed changes, schools will handle all SEND-related complaints. This includes:
parental concerns about what is included in an Individual Support Plan (ISP),
whether support is being delivered as set out
the level of help a child is receiving
how inclusion support bases are being used.
The Government proposes that these changes are intended to make the system clearer and help resolve concerns earlier, often within schools rather than through formal legal routes. The focus is on improving consistency, communication, and early resolution, although it is still not fully clear how this will work day-to- day for families.
Universal, Targeted and Targeted Plus tiers routes for complaint:
Through the schools’ general complaints procedures, accountability is likely to sit at school level through headteachers, governing bodies with an escalation route to an independent panel. Where a complaint cannot be resolved through the initial stages this independent panel should include a SEND specialist who is independent of the school and if relevant trust. No-one from the independent panel should have prior involvement with the complaint. These proposals suggest it will give families confidence that their complaint has been assessed fairly and objectively.
It is not yet clear what evidence will be available for the panel to review. Under the proposals, expert evidence that may be prepared on behalf of a child or young person may become available when they reach the Targeted Plus or Specialist tiers of support. The proposals are unclear on whether expert reports obtained by parent carers will be admissible.
Specialist tier routes for complaint:
Within the Specialist tier, decisions are also required about placements and the seven specialist provision packages. If families have concerns, they can use the complaints process as outlined above and also a mediation process. These are intended to help resolve issues earlier and reduce the need to appeal to the SEND Tribunal. However, the right to go to tribunal remains in place if concerns are not resolved. The right to appeal to a SEND Tribunal regarding an Education Health and Care Needs Assessment (EHCna) will remain in place.
Mediation
The Government are proposing to improve the complaints and mediation processes in the hope that disagreements can be resolved faster and more collaboratively while reducing the need for an appeal to the SEND Tribunal. [PDF SEND Reform Consultation Page 103]
The plan includes working with key mediation bodies to embed professional standards for mediation providers, promote new guidance and share best practice. This means families may be offered mediation, run by an independent provider, to try to resolve issues before moving to a tribunal. Parents and young people don’t have to take part in mediation, but they will need to consider it before appealing to the Tribunal about EHCP’s, including prior placement appeals.
Families will still keep the right to appeal to the SEND Tribunal if concerns are not resolved.
Areas of Concern
While existing rights, including access to the SEND Tribunal remain in place, the proposals suggest a narrowing of the Tribunal remit.
Under the proposals, Parent Carers can appeal:
decisions by the Local Authority (LA) not to carry out a needs assessment.
decisions that a child or young person has not met the threshold to meet a Specialist Provision Package
decision to challenge one of the seven Specialist Provision Packages allocated
decision a child or young person no longer needs a Specialist Support Package
Against a Placement, the Tribunal would not have authority to make decisions on school placements. The Tribunal would have the power to quash the Local Authority’s decision on placement and order a reconsideration. The Tribunal will have no power to order the LA to name a particular school.
New proposals do not give the Tribunal any power to order amendments to description of need, description of provision.
SEND Tribunal will also no longer have any powers to make recommendations as to social care or health care.
As is currently the case, families will be able to appeal to the Tribunal about disability discrimination against a child or young person in a school, including whether reasonable adjustments should have been made.
Parents can appeal to the Tribunal in relation to disability discrimination claims in schools, nurseries and pupil referral units maintained by a local authority, independent schools and academies. Disability discrimination appeals in relation to private nurseries and further education colleges would go to the County Court. [PDF SEND Reform Consultation Page 106]
Judicial Review
The Schools White Paper does not specifically refer to Judicial Review, but it remains a legal route that families may consider where there are concerns about whether decisions have been made lawfully. Families may also consider routes under the Equality Act where there are concerns about disability discrimination. These processes can be complex and may not be suitable or accessible for everyone.
What we don’t yet know:
What safeguards will be in place to ensure that governing bodies and academy trust boards can act impartially when reviewing decisions about SEND provision within their own schools?
Ofsted will continue to consider inclusion and complaints as part of inspections, but as inspections may be infrequent, it may not provide a timely way to address individual concerns.
It is not yet clear how Individual Support Plans (ISPs) will be enforced if support is not delivered.
There are questions about how disagreements at Universal, Targeted and Targeted Plus levels would be resolved, and what evidence will be available.
While the SEND Tribunal will remain for EHCP-related decisions, it is not yet clear how this will interact with the wider system or whether any changes to its role may be proposed.
There are also questions about School capacity including how schools and multi-academy trusts (MATs) will manage these additional responsibilities consistently across different areas.
The complaints process raises concerns about how these changes may affect relationships between families and schools, particularly where disagreements arise.
It is important to remember that these proposals are still being consulted on, and the detail of how they would work in practice if they come into law are still being developed. It is important that you have your say and respond to the consultation. The link to our Bitesize survey is below
SGPC Bitesize Survey - 7 of 8
This week we are asking for your thoughts on accountability and the complaints process under the proposed new tiered support model.
Bite Size Survey: Complaints process, Accountability and Judicial Review
Each survey only takes a few minutes, but your voice can make a real difference. Ensure that the perspectives of families in our community are heard.
Focused news and accompanying bite-sized surveys will be shared each week week until the 29th April. All surveys will remain open till midnight on Sunday 3rd May
Check out the SGPC updates page to see them all
We are now in a 12-week consultation period.
There are two ways that you can have your say:
Through the Government Consultation Survey on SEND reform - Closing Date 11:59pm 18 May 2026,
Through South Glos Parent Carer Forum’s bite size surveys. - Closing Date 11:59pm 3 May
If possible, we would always recommend that you complete both feedback options.
At SGPC, our role remains the same: to represent the lived experience of parent carers in South Gloucestershire and to ensure that your voices are heard locally and nationally.
We know that system change must improve outcomes for children and young people with SEND. We will work alongside the NNPCF and partners to ensure that reforms lead to positive, meaningful and sustainable change for families.
We will continue to update families as more detail becomes available through our social media, website and members email list:
You are not alone
We recognise that change can bring uncertainty and questions. You are not alone, our drop-in support sessions and online email support are here for you.
See details of all our support session opening hours here
April 2026