Have any legal tests or thresholds changed following the Schools White Paper? No. The Schools White Paper sets out a series of proposals the Government is considering. It does not change the law. Your local authority (LA), and the SEND Tribunal, must continue to apply the law found in the Children and Families Act 2014, The SEND Regulations 2014, the Education Act 1996 where it applies, and the Equality Act 2010 where relevant. It must also continue to apply case law and have regard to the Code. On appeal, you should continue to show with evidence why the legal test for an EHC needs assessment or for an EHC plan has been met, for example, or why the legal test has not been met in a cease to maintain appeal, for example. You can find more information on appeals on our website. Manage Cookie Preferences