SEND Law Guide

What Is SEND Law?

SEND law is the set of laws, rules and guidance that explains how children, young people and adults with special educational needs or disabilities should be supported. Understanding the basics can help you ask clearer questions, take part in decisions and recognise when something needs another look.

• Rights matter because support should be based on need, not on how confident someone feels about asking for it.
• Responsibilities sit with different organisations, including schools, colleges, local authorities, health services and employers.
• Most difficulties are best approached first through calm discussion, shared evidence and a clear plan of action.
• Keeping emails, meeting notes, reports and agreed actions together makes future conversations much easier.
• This guide provides general information for England only. It is not legal advice, and the law and processes differ in Scotland, Wales and Northern Ireland. Seek independent advice for your own circumstances.

The Legal Foundations Of SEND Support

You do not need to memorise legislation. It is more useful to understand what the main rules mean in everyday life and which duties apply to your situation.

• Equality Act 2010: protects disabled people from discrimination. Schools, colleges, universities, services and employers must consider reasonable adjustments so disabled people are not placed at a substantial disadvantage.
• Children and Families Act 2014: sets the framework for identifying and supporting children and young people with SEND in England, including Education, Health and Care needs assessments and plans.
• SEND Code of Practice: statutory guidance explaining how organisations should carry out their SEND duties. Schools, colleges and local authorities must have regard to it when making decisions.
• In practice, these foundations mean listening to the child or young person, involving families, identifying needs early, reviewing support and planning across education, health and care where necessary.
• Policies and available services can vary locally, but national legal duties cannot simply be replaced by a local policy.

SEN Support

SEN Support is the help a school or college puts in place when a learner needs support that is additional to or different from what is normally available. A diagnosis is not required before support begins.

• Schools should identify possible needs, speak with the learner and family, put support in place and check whether it is helping.
• The graduated approach is often described as Assess, Plan, Do, Review: understand the need, agree support and outcomes, provide the support, then review and adjust it.
• Examples include instructions broken into steps, visual timetables, movement breaks, targeted literacy work, communication support, a quieter workspace or extra preparation for change.
• Support should be specific enough for everyone to know what will happen, who will provide it, how often and how progress will be reviewed.
• Ask for agreed actions in writing and arrange a review date. If support is not working, the answer should be to reassess and adapt, not simply repeat the same plan.

Understanding Reasonable Adjustments

A reasonable adjustment is a change that helps prevent a disabled person being placed at a substantial disadvantage. What is reasonable depends on the person, the barrier, how effective the change would be and the circumstances of the organisation.

• At school: a quiet arrival, accessible worksheets, sensory breaks, a different way to record work, advance notice of changes or adjustments to a behaviour policy where disability is relevant.
• At college or university: accessible course materials, assistive technology, extra time, rest breaks, alternative rooms or changes to how learning is accessed.
• At work: written instructions, flexible hours, a quieter desk, speech-to-text software, changes to communication methods or additional time for some tasks.
• Adjustments should respond to the actual barrier. They do not have to give everyone the same arrangement to be fair.
• Raise requests early, explain the disadvantage clearly and discuss options. Organisations should consider requests properly rather than relying on a blanket rule.

The Right To Request An EHC Needs Assessment

An EHC needs assessment is the formal process used to decide whether a child or young person needs an EHCP. Parents, a young person aged 16 to 25, and schools or colleges can request one from the local authority.

• Make the request in writing and explain the needs, support already tried, progress, attendance, wellbeing and why current arrangements may not be enough.
• Include useful evidence such as school plans, professional reports, examples of work, correspondence and the child or young person's views.
• The local authority normally has six weeks to decide whether to assess. If it assesses, the whole process to a final plan should usually take no more than 20 weeks, subject to limited exceptions.
• If assessment is refused, the decision letter should explain why and give appeal information. You can discuss the evidence, consider mediation and appeal to the SEND Tribunal.
• You do not need a school's permission to make a parental request, and a diagnosis does not automatically determine the outcome.

Understanding EHCP Rights

An EHCP should be a clear, usable plan rather than a collection of vague promises. Families and young people have rights at key points when a plan is drafted, reviewed, amended or brought to an end.

• Draft plans: you should receive the draft, have at least 15 days to comment and be able to request a particular school or college.
• Naming a setting: the local authority must consider your preference and can refuse only for specific legal reasons. The named setting must admit the child or young person.
• Provision delivery: the local authority must secure the special educational provision in Section F. Health bodies are responsible for specified health provision in Section G.
• Annual Reviews: plans must be reviewed at least every 12 months, with earlier reviews in some circumstances. From Year 9, reviews must include preparing for adulthood.
• Amendments: proposed changes should be shared so you can comment before an amended final plan is issued.
• Ceasing a plan: an EHCP does not end automatically at 16, 18 or 19. The local authority must consider whether it remains necessary and provide appeal rights if it decides to cease it.

Appeals & Disagreements

A disagreement does not have to become a confrontation. Start by identifying the exact decision or missing support, sharing evidence and asking who can resolve it. Formal routes remain available if discussion does not work.

• Informal resolution: ask for a meeting, confirm the issue in writing and agree clear actions, owners and dates. Many problems can be corrected at this stage.
• Mediation: an independent mediator can help families and the local authority discuss certain EHCP disagreements. You usually need to consider mediation before appealing, although there are exceptions.
• SEND Tribunal: an independent tribunal that decides appeals about EHC needs assessments, EHCP content, named settings and decisions to cease a plan. It can also make non-binding recommendations about related health and social care issues in many appeals.
• Appeal deadlines are strict — often two months from the decision letter or one month from a mediation certificate, whichever is later. Check the notice you receive and seek advice promptly.
• You can represent yourself. Some families choose advocacy or legal help because they want support organising evidence, understanding the issues or preparing for a hearing.

SENDIASS & Advocacy

You do not have to understand the SEND system alone. Free impartial information and independent advocacy can help you prepare, ask questions and make informed choices.

• SENDIASS means Special Educational Needs and Disabilities Information, Advice and Support Service. Every local area must arrange a service for children, young people and parents.
• SENDIASS can explain processes, help with letters and meetings, and provide information about disagreement resolution and appeals. Its service is free and should be impartial.
• A SEND advocate can help organise evidence, review paperwork, attend meetings and support you to express the outcome you want.
• Independent advice organisations and specialist charities may offer helplines, template letters, tribunal information and condition-specific guidance.
• Parent and carer groups offer practical local knowledge and emotional support. Their experience is valuable, although it is not a substitute for advice about your own legal position.

Education Rights After Age 16

At 16, decision-making rights usually move to the young person where they have capacity, but support does not simply stop. Good transition planning should begin well before a change of setting.

• Colleges have duties to support students with SEND and make reasonable adjustments. Ask the learning support team about needs, evidence and arrangements before the course begins.
• An EHCP can continue in sixth form, college, an apprenticeship or other education or training where it remains necessary — potentially up to age 25.
• An EHCP does not usually continue solely because someone is in paid employment, but other rights and support may apply at work.
• From Year 9, EHCP reviews must include preparing for adulthood: education or employment, independent living, health and participation in the community.
• Supported internships, traineeships, apprenticeships and travel training may form part of a young person's route, depending on their goals and needs.

Employment & Adult Rights

SEND is often discussed around school, but legal protections and practical support continue into adult life. The right starting point depends on whether the issue concerns work, further study, health or social care.

• The Equality Act 2010 protects disabled applicants, employees and workers from discrimination and requires employers to consider reasonable adjustments.
• Adjustments might include assistive technology, altered hours, written instructions, a quieter workspace, extra training time or a different communication method.
• Access to Work may fund practical workplace support beyond what it is reasonable for an employer to provide, including equipment, coaching, travel support or a support worker.
• Adults with care and support needs can ask their local authority for a needs assessment under adult social care law. Eligibility and the resulting support are separate from an EHCP.
• Benefits such as Personal Independence Payment are based on how a condition affects daily living and mobility, not simply on having a diagnosis.

Common SEND Law Myths

SEND discussions can become confusing when confident statements are treated as rules. These common claims need a more balanced explanation.

• “A diagnosis guarantees an EHCP.” It does not. The decision is based on needs, required provision and whether support can reasonably be delivered without an EHCP.
• “No diagnosis means no support.” Incorrect. Schools and colleges should identify and support needs; they should not wait for a diagnosis before acting.
• “Schools must provide everything requested.” Schools must meet their duties and consider evidence, but a particular request is not automatically required. Focus on the identified need and the support necessary to address it.
• “Parents need a solicitor to appeal.” They do not. Families can represent themselves and free advice is available, although some choose advocacy or legal representation.
• “An EHCP ends automatically at 16.” It does not. It may continue in education or training up to 25 if it remains necessary.
• “A local policy is the law.” Local processes can explain how services operate, but they cannot remove rights or replace national legal duties.

Frequently Asked Questions

Can I request an EHC needs assessment myself?

Yes. A parent or carer with parental responsibility can request one directly from the local authority, and a young person aged 16 to 25 can make their own request. You do not need the school's permission.

What happens if a school disagrees with me?

Ask what evidence informed its view, share your concerns in writing and agree a review date. You can speak with the SENCO, use the school's complaints process, contact SENDIASS and request an EHC needs assessment yourself where appropriate.

How long should the EHCP process take?

The local authority normally has six weeks to decide whether to assess and 20 weeks from the original request to issue a final plan, subject to limited legal exceptions. Keep a dated record and ask for reasons if deadlines are missed.

What is a SEND Tribunal?

It is an independent tribunal that decides certain appeals about EHC assessments and plans. It is less formal than a criminal court, and families can represent themselves or choose support.

Do I need legal representation to appeal?

No. Many families appeal without a solicitor. SENDIASS, charities and advocates can help with preparation. Legal advice may be useful where a case is complex, but it is a choice rather than a requirement.

Does my child need a diagnosis before SEN Support starts?

No. Support should be based on identified need. A diagnosis can add useful information, but a school should not delay reasonable support while a child waits for assessment.

Who is responsible if EHCP provision is not delivered?

The local authority has the legal duty to secure the special educational provision in Section F, even where a school or another provider is expected to deliver it. Raise the gap with both the setting and local authority in writing.

Can I choose the school named in an EHCP?

You can request particular types of school or college, including many maintained, academy and approved specialist settings. The local authority must consider the request and can refuse only on specific legal grounds.

What should I do when a deadline is missed?

Ask for an update and a clear completion date in writing. Refer to the original request or decision date. SENDIASS or an advocate can help you decide whether to use a complaints route or seek specialist advice.

Are reasonable adjustments only available with an EHCP?

No. The duty to make reasonable adjustments comes from equality law and is separate from the EHCP process. It can apply in schools, colleges, universities, workplaces and services.

Does an EHCP automatically stop when someone turns 18?

No. It can continue up to age 25 while education or training remains necessary. It should not continue only because a young person wants an EHCP, and it should not cease simply because of age.

Where can I get free, independent SEND legal guidance?

Your local SENDIASS provides free impartial information and support. National and local charities also offer helplines and resources. For advice tailored to a legal case, use an appropriately qualified adviser.