White Paper

We do not feel it is. In the White Paper the government has noted "The support provided by EHCPs is inflexible, making it hard for settings to adapt as needs change over time, which leaves too many children and young people with provision that is not necessarily suitable." The proposed Specialist Support Packages are provision led, meaning the child/young person will receive the provision dictated by the package they are placed in, whether this is suitable to meet all their needs or not. This is moving away from provision being needs led as in the current EHCP system.
We have already raised this concern. Although the intention is that they can be shared when moving settings and to promote a joined up and collaborative approach, it may prevent people without a computer or internet from being able to easily access them. What we would say is, the Individual Support Plan (ISP) is the responsibility of the school to draw up and maintain and therefore you should ask them for a paper copy if this applies to you.
ISPs will be reviewed once a year giving you an opportunity to voice your concerns. If you are still unhappy this would be dealt with via the school's complaints systems.
The detailed day-to-day educational provision will be set out in Individual Support Plans (ISPs), which will be reviewed regularly. However the proposal is only to review the EHCP at phase transfer and to maintain the annual review for early years and post-16 EHCPs. LAs will create EHCPs based on the Specialist Provision Package (SPP) the child has been placed in and the setting will lead on the description of provision. This must be delivered by the setting in line with their funding arrangements with the LA. EHCPs will guarantee statutory entitlements to the education provision from the SPP and there will be a right to appeal the type of package.
It is important to note that the current law and legislation still stands. However, there are plans to change the current legislation to reflect the changes proposed in the White Paper but this would have to go through due process in parliament to become law.
The current system identifies the needs and the specified provision to meet those needs, parents can then give their parental preference for a named setting suitable to meet those needs. The new system is moving away from being needs led and is instead provision led. The child/young person will receive the provision outlined in the SPP they are placed in. Worryingly certain packages are designed to be delivered only in the Mainstream setting.  
The white paper states that no child will be asked to leave a specialist placement. However, children with EHCPs will transition to the new system at Phase Transfer from September 2030 onwards. If you think this may apply to your child it is really important you voice your concerns during this consultation period and to your local MP.
The White Paper is proposing legislation to regulate fees. They will also be required to offer placements based on Specialist Provision Packages (SPPs). There is a risk that what they currently offer and provide may be reduced due to the regulation of Independent Specialist Schools..
Parents will be given a list of schools that are suitable to deliver the SPP. Parents can still request an alternative. However, unlike the current appeals system, if you appeal Section I, the Tribunal will only have the power to quash the LA's decision and direct the LA to think again. They can not order the naming of an alternative. We are very concerned this will leave parents in a vicious cycle of an inappropriate setting being named, appealing and then another inappropriate setting being named.
The White Paper is proposing new guidance on professional standards of mediation providers and to share best practice. They are expecting the vast majority of disagreements to be resolved via this route. They will also encourage more families to use dispute resolution services for any disagreements that cannot be resolved using a setting or LA complaints process. Mediation will not be compulsory, but parents will need to consider it before appealing to the Tribunal.