Two major legal changes are coming into force in the UK — and while they haven’t made many headlines for SEND families, they absolutely should have.
These changes affect:
- how parents and carers are protected at work
- how disabled people, autistic people, and those with learning disabilities are treated under mental health law
They won’t fix everything.
But they are important — and they could make a real difference for families who have been pushed to breaking point for years.
Here’s what you need to know.
1. The Employment Rights Act — A Big Shift for Parents and Carers
For many SEND families, work is not just work — it’s a constant balancing act.
School calls, reduced timetables, exclusions, hospital appointments, mental health crises, and sheer exhaustion often collide with rigid employment rules that were never designed with disability in mind.
The new Employment Rights Act aims to change that.
What’s changing?
Key changes include:
- The earnings threshold for Statutory Sick Pay is being removed, meaning more people will qualify
- Sick pay will be available from day one, not after a waiting period
- Stronger protections around parental and family-related leave
- Greater recognition of caring responsibilities and health-related absence
Why this matters for SEND families
SEND parenting often involves:
- unpredictable absences
- sudden emergencies
- burnout and mental health strain
- parents managing their own disabilities
Under the old system, many parents were penalised financially or professionally for circumstances outside their control.
This law represents a shift away from “just cope or lose your job” and towards the idea that work should adapt to people — not punish them for disability-related needs.
It’s not perfect.
But it’s progress.
2. The Mental Health Act Update — Long Overdue Change
The Mental Health Act has not been properly updated for decades — and its failures have caused real harm.
Under the old law:
- Black people were disproportionately detained and sanctioned
- autistic people and people with learning disabilities were often sectioned inappropriately
- distress caused by lack of support was treated as mental illness
Too often, people were detained not because it was clinically right — but because services couldn’t cope.
What’s changing?
The updated Mental Health Act aims to:
- reduce racial inequalities in detentions
- strengthen patients’ rights and safeguards
- prevent autistic people and people with learning disabilities from being sectioned simply because of distress or lack of provision
This is a crucial shift.
It recognises that:
- autism is not a mental illness
- learning disability is not a reason for detention
- distress is often a response to unmet needs, not a psychiatric condition
Why This Matters for SEND Families
SEND families have been raising these concerns for years.
Parents have watched children and adults:
- escalate because support wasn’t in place
- be labelled “challenging” or “dangerous”
- be moved into crisis pathways instead of being helped early
These legal changes acknowledge something families already know:
👉 The system itself often creates the crisis.
Both laws signal a move — however slow — towards:
- protection instead of punishment
- understanding instead of blame
- rights instead of gatekeeping
What These Laws Don’t Do
It’s important to be honest.
These changes:
- won’t magically fix SEND services
- won’t end waiting lists
- won’t stop all inappropriate school or health decisions
Laws only matter if they are implemented properly — and families are empowered to use them.
But they do give families stronger ground to stand on.
Final Thoughts
For too long, SEND families have been forced to survive systems that were never built for them.
These new laws show that:
- advocacy matters
- lived experience matters
- pressure works
They are not the finish line — but they are steps in the right direction.
If you want clearer, plain-English explanations of your rights — or help understanding how these changes apply to your family — you’ll find ongoing guidance and support at AskEllie.co.uk.
You shouldn’t have to fight alone to be protected by the law.
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