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The rights of SEN parents are extensive and specific. Most parents know far less than they are entitled to. This is a plain-English guide to the legal framework that governs your child's education.
This guide explains the legal framework and what you need to know. When you are ready to write the actual letter, SEN Letters UK generates it for you.
The UK SEND system is built on a substantial legislative framework. Parents who understand it are significantly better placed to secure the support their children need. Those who do not tend to accept what they are offered rather than what their child is entitled to.
This article explains the key rights, the laws that create them, and what those laws require in practice.
The primary legislation governing SEN in England is the Children and Families Act 2014, which replaced the previous framework and significantly strengthened the rights of parents and children. The Act is accompanied by the SEND Code of Practice 2015, which schools, colleges, and local authorities must "have regard to", meaning they must follow its guidance unless they have good reason not to.
The Equality Act 2010 runs alongside the SEND framework and provides additional protections, particularly in relation to disability discrimination and the duty to make reasonable adjustments.
The best endeavours duty. Section 66 of the Children and Families Act 2014 requires schools to use their best endeavours to ensure that children with SEN receive the special educational provision their needs call for. This is not a target, it is a legal duty. A school that identifies a child's SEN and then provides inadequate support is in breach of this duty.
The duty to identify and assess. Schools must have regard to the SEND Code of Practice, which requires them to identify children with SEN as early as possible and to assess their needs. A child should not be left to struggle for months before needs are formally recognised.
The duty not to discriminate. Under the Equality Act 2010, schools must not treat a disabled pupil less favourably than others, and must make reasonable adjustments to ensure disabled pupils are not put at a substantial disadvantage. These adjustments must be made anticipatorily, schools cannot wait to be asked.
Transparency with parents. The SEND Code of Practice is explicit that schools must keep parents informed and involved at all stages. A school that makes decisions about SEN provision without consulting you is not following the Code.
The duty to assess. When a child's needs may require provision beyond what a school can ordinarily provide, the local authority must carry out an EHC needs assessment if asked to by a parent (Section 36, Children and Families Act 2014). It must respond to that request within six weeks.
The duty to plan. If an EHC assessment concludes that a plan is necessary, the local authority must issue one. The plan must specify the child's needs, the outcomes to be achieved, and the provision that will be made. The provision specified in Part F of the EHC plan is legally binding, the local authority must secure it.
The duty to review. EHC plans must be reviewed at least once a year. Parents must be invited to contribute and must receive a copy of the plan following any amendments.
The duty to resolve disagreements. Local authorities must have arrangements for resolving disagreements between parents and schools. They must also offer mediation before an appeal to the First-tier Tribunal, though mediation is not compulsory.
If a local authority refuses to assess, refuses to issue a plan, or issues a plan that does not meet your child's needs, you have the right to appeal to the First-tier Tribunal (Special Educational Needs and Disability). This right is established by Section 51 of the Children and Families Act 2014.
The tribunal is an independent body that can overturn local authority decisions. It is free to use and you do not need legal representation, though some parents choose to engage a solicitor or specialist advocate.
Every local authority must publish a Local Offer, a document setting out what services and support are available to children with SEN in their area. You can find yours by searching for "[your council name] Local Offer."
Schools must publish an SEN information report annually on their website, setting out the provision they make for pupils with SEN. If a school is not publishing this, it is not meeting its legal obligations.
Rights that are not exercised achieve nothing. When schools or local authorities fall short of their legal obligations, the starting point is almost always a well-constructed written challenge that makes clear you understand the law and intend to use it.
SEN Letters UK generates formal letters for the most common situations where these rights need to be asserted, from initial requests through to formal complaints and escalation letters.
SEN Letters UK writes the letter for you, professionally worded, legally informed, tailored to your child's situation.
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