Every child has the right to an education that meets their individual needs. In the UK, this is protected by law through the Children and Families Act 2014 and the SEND Code of Practice. These laws ensure that children and young people with special educational needs and disabilities (SEND) receive appropriate education, health and social care support to help them achieve their potential.
Knowing your legal rights is an important step in making sure your child’s needs are recognised, assessed, and supported effectively.
The Legal Framework
The Children and Families Act 2014 is the main piece of legislation that outlines how local authorities, schools, and other services must identify and meet the needs of children and young people with SEND. It works alongside the SEND Code of Practice, which explains how these duties should be carried out in practice.
Under this law, education, health, and social care professionals must work together to deliver coordinated support for children and young people with SEND. This collaboration is at the heart of the system and ensures that every child or young person is supported through joined-up planning and regular reviews.
Your Right to an EHC Needs Assessment
If you believe your child requires more support than their school can provide, you have the legal right to request an EHC needs assessment from your local authority. The purpose of this assessment is to identify your child’s educational needs and disability and decide whether they require a formal Education, Health and Care (EHC) plan.
You can make this request in writing at any time. The local authority must respond within six weeks, confirming whether they will proceed with the assessment. If they refuse, they must explain their reasons and inform you of your right to appeal.
Parents, carers, schools, or the young person themselves (if aged 16 or over) can make the request.
Education, Health and Care Plans (EHCPs)
An EHC plan is a legal document that sets out the education, health, and social care provision a child or young person needs. It must clearly describe the specific support required and the outcomes expected.
Once a plan is issued, it becomes the responsibility of the local authority to ensure that the agreed provision is delivered. Schools, therapists, and other professionals must follow what is written in the plan.
EHCPs apply to children and young people aged 0 to 25, ensuring that support continues as they transition from school to further education or employment.
If the plan needs to be changed, parents and carers must be consulted during the review process. The authority cannot amend or cease to maintain an EHC plan without informing you in writing and explaining your right to appeal.
Your Right to Be Involved
SEND law is built on the principle of participation. Parents, carers, and young people with special educational needs have the right to be fully involved in all decisions that affect them.
This includes participation in:
• The EHC needs assessment process
• Drafting or reviewing health and care plans
• Meetings about educational provision
• Transition planning for older young people
Professionals must listen to your views and take them into account when creating or reviewing your child’s plan.
The SEND Code of Practice also encourages co-production, meaning families and professionals should work together as equal partners to achieve the best outcomes.
Appealing Local Authority Decisions
If you disagree with a decision made by your local authority, such as refusing to carry out an EHC needs assessment or declining to issue an EHC plan, you have the right to appeal.
You can first use mediation to resolve the disagreement informally. If this does not lead to a solution, you can appeal to the SEND Tribunal, which is an independent body that reviews evidence and ensures that the law has been followed correctly.
Appeals must usually be made within two months of receiving the local authority’s decision. Families can represent themselves or seek help from organisations that provide free legal advice and support for children and young people with SEND.
Duties of Educational Settings
All schools, nurseries, and colleges must make reasonable adjustments to ensure that pupils with SEND can access education on an equal basis with others. This might include extra teaching support, specialist equipment, or adapted learning materials.
Educational settings must also follow the graduated approach known as “assess, plan, do, review” to identify and meet the needs of pupils before an EHC plan is considered.
If your child’s school is not following the support outlined in their care plan EHCP, you have the right to raise this with the headteacher or local authority.
Support for Children and Families
Understanding SEND law can feel overwhelming, but you do not have to manage it alone. Your local authority must provide access to an independent Information, Advice and Support Service (IASS) that helps families understand their rights.
At SEND Family Guidance, we also help parents and carers interpret EHC plans, communicate with professionals, and prepare for meetings or reviews. Our goal is to ensure that every child or young person receives the education, health, and social care support they are entitled to.
Key Takeaway
SEND law protects the rights of children and young people with special educational needs and disabilities. It ensures that the right support is identified, planned, and delivered through Education, Health and Care (EHC) plans.
By understanding your rights and the responsibilities of your local authority, you can confidently advocate for your child and ensure they receive the help they need to learn, grow, and succeed.
