SMART PROCUREMENT STRATEGIES
Flexibility for complex services SEND provision is rarely straightforward. It often involves a mix of specialist teachers, therapists, assistive technology and alternative provisions, tailored to individual pupils. Many SEND-related spend requirements fall within the scope of what the Procurement Act 2023 dubs “light touch” contracts. These contracts include a range of education, health and social services and come with more procedural flexibility than standard public contracts.
There is no mandatory standstill period, and authorities can design proportionate processes to reflect service complexity. For example, a trust commissioning a three-year occupational therapy contract across ten academies might build in a structured dialogue stage to test how providers would manage supervision, safeguarding and cross-site working. A school seeking alternative provision for pupils at risk of exclusion may design an evaluation model that places significant weight on behaviour support frameworks and reintegration pathways.
This flexibility is welcome because SEND services rarely fit into a simple, transactional procurement model. More flexibility also gives educators agency to assess what is working and put alternative provisions in place if required.
However, flexibility requires careful governance. Clear criteria, consistent scoring and thorough documentation are essential. The absence of a mandatory standstill period does not remove legal risk. It simply underscores the importance of demonstrating fairness and transparency when decisions are questioned.
Building resilience in specialist markets SEND procurement often involves local, specialist markets that are capacity constrained. Schools can be sourcing British Sign Language interpreters, autism outreach specialists, sensory integration equipment, accessible minibus services and independent special school placements; in many areas
across the UK, the number of capable providers is limited.
The Act retains frameworks and introduces models such as dynamic markets and open frameworks, which allow new suppliers to join over time. These tools can help schools and trusts broaden their supplier base and reduce reliance on a single provider. For example, a dynamic market for peripatetic therapists could allow additional qualified practitioners to join during the lifespan of the arrangement, helping address workforce shortages. A framework for SEND transport split into geographical lots could encourage participation among smaller local operators while maintaining consistent safeguarding standards.
Similarly, managing multiple providers requires capacity. Contract management, safeguarding checks and performance monitoring all demand time and expertise. Procurement decisions, therefore, need to reflect not only market resilience but also internal governance capability.
Direct awards and individual needs SEND commissioning frequently involves highly individual decisions. Where an Education, Health and Care Plan (EHCP) names a specific provider, direct award may be justified under defined circumstances.
Under the new regime, direct awards require a valid justification and a published transparency notice before the contract is awarded. This creates a clearer framework, but also sharper scrutiny.
For schools and trusts, this means documenting why a particular placement, therapy provider or alternative provision setting is uniquely suitable. It also means retaining evidence that price and quality have been considered, even where competition is not possible.
The system must balance individual pupil needs with public accountability. The Procurement Act 2023 does not remove that tension, but it does make the expectations clearer.
Keeping procurement aligned with SEND strategy
Procurement reform will not resolve the broader funding pressures facing SEND, nor will it eliminate workforce shortages. What it can do is provide a framework that allows schools and trusts to commission more thoughtfully.
When procurement is aligned with SEND strategy, it can support continuity of provision, strengthen safeguarding standards and encourage more sustainable supplier markets. It can also provide clearer evidence of how public money is being used to deliver impact. In 2026, the trusts seeing the greatest benefit from the Procurement Act 2023 are likely to be those that view procurement not as a technical compliance task, but as part of their wider approach.
Ultimately, legislation provides the structure. But outcomes will depend on leadership, governance, and a clear focus on the needs of children and young people to ensure procurement delivers better support for pupils.
March 2026
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