SEND brief · 12 October 2026

Kent & Medway SEND briefing — 12 October 2026

Important changes and proposals affecting disabled children, school meals, neurodevelopmental assessments and specialist education. We separate existing legal rights from consultations, recommendations and funding processes.

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Kent disabled children's short breaks: consultation

Status: Kent County Council consultation; proposals only. Deadline: 23 November 2026. Rights changed? No.

Kent is consulting on its short-breaks approach for disabled children. Proposals concerning respite arrangements and access to support could affect families relying on overnight care. Parents should read the actual consultation before assuming that any allocation or scheme has already changed.

For families: describe the impact of existing respite, care needs, safety and what would happen if support changed. Keep a copy of your response. Existing duties to assess and meet eligible needs still apply.

Kent County Council consultation portal (find the short-breaks consultation) ↗

ADHD and autism: independent review and government response

Status: Independent recommendations and government policy commitments published 9 October; not new legislation or a new clinical pathway. Rights changed? No immediate change to Right to Choose, existing referrals, EHCP duties or reasonable-adjustment rights.

The Fonagy review recommends a needs-led plus diagnosis model: prioritisation by functional impact and risk, clinically reviewing waiting lists, help during waits, joined-up assessment, and avoiding removal from a waiting list without suitable connected alternative support. These are recommendations, not enforceable new waiting-list rules.

The government has signalled earlier help in education and communities, future work on CQC oversight of diagnostic services, advertising, NICE guidance and consultation on NHS-funded assessment prices, with proposed payment changes from April 2027. Implementation details still matter.

For families: request SEN Support and reasonable adjustments based on needs now; a diagnosis is not a prerequisite. Keep referral acknowledgements, waiting-list information and evidence of functional impact. If a pathway is reviewed, ask in writing for the clinical rationale and what support is actually arranged. Do not assume Right to Choose has been withdrawn.

Primary sources: Independent review ↗ · Government response ↗. Related: Right to Choose · Support without diagnosis.

EOTAS: food provision guidance

Status: DfE non-statutory guidance updated 7 October. Rights changed? No automatic statutory free-meal entitlement for children receiving section 61 education otherwise than at school (EOTAS).

The DfE says councils should consider equivalent food provision where a child would qualify for free school meals at a state-funded school and food alongside their education would help them benefit fully. Individual circumstances, equality considerations and funding options are relevant.

For families: ask the council in writing, setting out the EOTAS timetable, eligibility, meal costs and the child's needs. If refused, request reasons and how the individual circumstances and equality duties were considered.

DfE free school meals guidance ↗ · School access.

Free school meals: expanded eligibility

Status: 2026/27 eligibility change reflected in DfE guidance. Rights changed? Yes, for eligible pupils in scope of the expanded rules.

Eligibility has expanded for pupils in qualifying state-funded settings from Universal Credit households. Families should still apply through the relevant route. The guidance distinguishes expanded eligibility for meals from targeted eligibility used for some linked funding and support, including pupil premium, holiday activities and food funding, and certain travel rights.

The 2 November 2026 exceptional autumn-census check is a school funding-recording deadline, not the final date families can apply for meals.

Official eligibility guidance ↗.

High-needs places for 2027/28: planning deadline

Status: DfE administrative funding process. Deadline: 6 November 2026 for local authority place-change notifications. Rights changed? No.

Local authorities and institutions are planning funded high-needs places for 2027/28. Families and advocates can raise evidence of local shortages with Kent or Medway, but a funded-place number does not decide whether a school is suitable, whether an individual place is available, or what provision an EHCP must secure.

DfE place-change process ↗ · SEND and EHCP guidance.

Important: Information checked for this briefing on 12 October 2026. Policy announcements and consultations are not substitutes for the current law or a decision about an individual child. For urgent deadlines, seek advice promptly.

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