If you have an Annual Review coming up this year, you need to be on high alert.
On 23 February 2026 the government published its “Every Child Achieving and Thriving” White Paper. It proposes a new document called the Individual Support Plan (ISP) for most SEN support in England, with Education, Health and Care Plans (EHCPs) reserved for children with “the most complex needs”. The reformed system starts from September 2029, and existing plans transition in phases into the 2030s.
Nothing about your child’s EHCP changes today. ISPs do not exist yet, and the law behind your plan (the Children and Families Act 2014) is unchanged. No Annual Review in 2026 can issue an ISP.
So why the high alert? Because the money pressure is now. Local Authorities are carrying roughly £5 billion of accumulated SEND deficits, and the way that pressure reaches your child today is a push to cease or thin out the EHCP your child already has, usually at the Annual Review. The White Paper tells you the direction they want to travel; the fight over your child’s plan happens under current law, this year.
The pitch, now and when ISPs arrive, is that lighter-touch support is “faster,” “more flexible,” and “just as good.” The part nobody puts in plain English is the legal difference. Here is that difference, how to spot a downgrade coming, and exactly how to defend your child’s statutory rights.
The Brutal Truth: EHCP vs. ISP
To understand why your Local Authority wants to move your child to an ISP, you only need to look at the law.
The EHCP (Your Legal Shield)
An EHCP is a statutory legal document. Under the Children and Families Act 2014, if Section F of an EHCP states your child needs 2 hours of 1:1 Speech and Language Therapy a week, the Local Authority must provide it by law. If the school cannot afford it, the Local Authority must pay for it. If they don’t, they are breaking the law, and you can take them to the High Court.
The ISP (The Local Authority’s Get-Out Clause)
An Individual Support Plan, as proposed, is essentially a school-level document: a digital record of needs and day-to-day support. It would not be legally binding on the Local Authority the way an EHCP is. If an ISP says your child needs 1:1 support, but the school’s budget runs out in November… the routes to force delivery are far weaker. The White Paper keeps a tribunal, but the enforceable individual entitlement sits with the EHCP.
Moving a child from an EHCP to lighter-touch support transfers the burden from a Local Authority that must deliver by law onto an already-stretched school budget that does not have to. When the school cannot deliver, your child is the one who suffers. That is why parents and SEND organisations call the proposal the ISP Trap.
The Dates That Matter
- Now to 2029: the current law applies in full. Your EHCP is enforceable, the SEND Tribunal hears appeals, and any attempt to cease a plan has to clear the same legal bar as before.
- From September 2029: the reformed system is due to begin, with children reassessed for EHCPs as they move between key phases of education (starting school, moving to secondary, moving to post-16).
- Into the 2030s: existing plans transition in phases. The SEND Tribunal is retained throughout.
- One more honest note: these are proposals working through consultation and legislation. Details can change, and we will keep this page updated as they do.
The 3 Warning Signs of an Impending Downgrade
Local Authorities rarely send a letter saying, “We are cutting your funding.” Instead, they use bureaucratic stealth. Watch out for these three red flags during your next Annual Review:
- “Significant Progress” Gaslighting: The SENCO or LA representative suddenly emphasises how “wonderfully” your child is doing, exaggerating minor milestones to suggest they no longer need “complex” intervention.
- The “Mainstream Readiness” Push: You are told that keeping an EHCP is actually “restrictive” and that an ISP will help your child integrate better into mainstream schooling.
- Refusal to Update Assessments: The Local Authority refuses to commission updated reports from an Educational Psychologist (EP) or Speech and Language Therapist (SALT) prior to the Annual Review, relying instead on outdated data to justify ceasing the EHCP.
Your Downgrade Defence Strategy (Actionable Steps)
If the Local Authority states an intention to cease or thin your child’s EHCP (today that means dropping to school-level SEN Support; from 2029 the proposed replacement is the ISP), you must act immediately. You have a very strict legal window to fight this.
Step 1: Do Not Agree to Anything in the Meeting
Local Authority officers are trained negotiators. If they suggest an ISP in an Annual Review meeting, state clearly: “I do not agree that my child’s needs have changed, and I do not consent to ceasing the EHCP.” Ensure your objection is minuted in the official record.
Step 2: Demand the Clinical Evidence
A Local Authority cannot legally cease an EHCP just because they want to save money. They must prove, legally and clinically, that the child no longer requires the provision. Demand to see the updated, independent clinical assessments that justify this downgrade. (Spoiler: They usually don’t have them).
Step 3: Commission an Independent Educational Psychologist (EP)
This is where you win the war. If the Local Authority relies on a brief observation by a state-funded EP, you need a second opinion. An Independent EP will conduct a comprehensive assessment of your child. If their report states that your child still requires the quantified, legally binding provision of an EHCP, the Local Authority’s case collapses.
Step 4: Prepare for the SEND Tribunal
If the Local Authority issues a formal notice to cease the EHCP, appeal it immediately. You have the right to take them to the First-tier Tribunal (SEND). Parents win the vast majority of these appeals because Local Authorities routinely fail to follow the law.
Don’t Fight the Local Authority Alone
The moment the Local Authority suggests your child no longer needs an EHCP, you are no longer in an educational discussion; you are in a legal dispute. You need to level the playing field.
Disclaimer: SEN.help is a directory and introductory platform. We are not a law firm. The information provided in this article does not constitute legal advice. Always verify the credentials of any independent professional before instructing them.