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🎓 Children & SEND Guide
Children's Rights & SEND: Education, Support and the Law in 2026
Does your child have special educational needs or a disability? Are you struggling to get the right support at school? This guide explains Education, Health and Care Plans, school support, appeals and your rights as a parent.
✅ Last verified: July 2026📚 Sources: GOV.UK, legislation.gov.uk🏴 England
Appealing a special educational needs decision? Each nation has its own system. Read the checked guide for yours: England, Wales, Scotland or Northern Ireland.
SEND support: Schools must identify children with SEND and make reasonable adjustments. This is a legal duty under the Equality Act 2010.
Education, Health and Care Plan (EHCP): Children with more complex needs can have an EHCP — a legally binding document that sets out the support they must receive.
EHCP assessment: Local authorities must complete an EHC needs assessment within 20 weeks of your request (including producing the final plan).
Right to appeal: You can appeal most EHCP decisions to the Special Educational Needs and Disability Tribunal (SENDIST) within 2 months of the decision.
Mainstream inclusion: In England, a child with an EHCP must be educated in a mainstream school unless that is against the wishes of the parent or young person, or incompatible with the efficient education of others.
Children in care with SEND have additional protections — local authorities have a higher duty to ensure their educational needs are met.
⏰ SEND tribunal appeals have a 2-month deadline
If you want to appeal an EHCP decision (refusal to assess, contents of the plan, school named), you must lodge your appeal with the SEND Tribunal within 2 months of the decision letter (or 1 month from the date of the mediation certificate, whichever is later). Missing this deadline may mean you cannot appeal.
What is SEND?
SEND stands for Special Educational Needs and Disabilities. A child has SEND if they have a learning difficulty or disability that makes it harder for them to learn than most children of the same age, and they need special educational provision.
SEND can include: dyslexia, ADHD, autism, speech and language difficulties, physical disabilities, sensory impairments, and mental health conditions that affect learning. A diagnosis is not required to have SEND — the test is functional, not diagnostic.
School-based SEND support (SEN Support)
All schools must identify pupils with SEND and put in place a cycle of support called SEN Support. This involves:
Assessing the child's needs
Planning provision to meet those needs
Putting the provision in place
Reviewing how well it is working
The school's SENCO (Special Educational Needs Coordinator) leads this process. You should be involved at every stage. If SEN Support is not meeting your child's needs, you can request an EHC needs assessment.
Education, Health and Care Plans (EHCPs)
An EHCP is a legal document for children with more complex needs that SEN Support cannot meet alone. It sets out:
The child's needs across education, health and social care
The specific provision that must be made
The school or setting named to deliver the provision
Once issued, the EHCP is legally binding — the provision it specifies must be delivered. The local authority must review the plan annually.
The needs assessment process must be completed within 20 weeks of your request.
Appealing EHCP decisions
You can appeal to the SEND Tribunal if:
The local authority refuses to carry out an EHC needs assessment
The local authority refuses to issue an EHCP after assessment
You disagree with the contents of the EHCP (sections B, F or I)
The local authority refuses to maintain or amends the EHCP
You have 2 months from the decision letter to appeal, or 1 month from the date of the mediation certificate, whichever is later. You do not need a solicitor to appeal — many parents represent themselves successfully — but specialist SEND charities can help.
1
Request an EHC needs assessment in writing
Write to your local authority's SEND team requesting an EHC needs assessment. The clock starts from the date of your request. Keep a copy.
2
Gather evidence
Collect school reports, professional assessments, GP letters and any evidence of how SEND is affecting your child. The more evidence, the stronger your case.
3
Engage with the draft EHCP carefully
When the local authority issues a draft EHCP, you have 15 days to comment. Be specific — vague provision can't be enforced. Insist on outcomes and specific hours of support.
4
Name your preferred school
You have the right to request a specific school to be named in section I of the EHCP. The local authority must comply unless they can show it is unsuitable or incompatible with efficient education.
5
Appeal if you disagree
If the plan is refused or inadequate, appeal to the SEND Tribunal within 2 months. Consider contacting IPSEA or SOSSEN for free legal support.
🎓 Check Your Child's SEND Rights
Describe your child's situation and get guidance on what support the law requires.
My child has a diagnosis but school says they don't have SEND — is that right?
A diagnosis (e.g. autism, ADHD) does not automatically mean a child has SEND in the legal sense, and the absence of a diagnosis doesn't mean they don't. The test is whether the child has a learning difficulty that requires special educational provision.
Can a school refuse to admit my child because of their SEND?
Generally no. Schools cannot refuse to admit a child solely because of their SEND. Refusal may be unlawful disability discrimination. If a child has an EHCP, the school named in section I must admit them.
What if the local authority doesn't respond to my assessment request?
The 20-week deadline is statutory. If it is missed, you can complain to the Local Government and Social Care Ombudsman, or seek legal advice about judicial review in serious cases.
Can I choose an independent school in the EHCP?
Yes — you can request an independent special school. If it is appropriate, the local authority must consider it and, in most cases, fund it if it is the most suitable provision. Cost alone is not sufficient reason to refuse.
What is a working document and why does it matter?
The EHCP must be a working document that reflects your child's current needs. If your child's needs change significantly, you can request an emergency review of the plan — you don't have to wait for the annual review.
My child is 16 — do their SEND rights change?
At 16, the young person takes over many rights from their parent (though parents can still be involved). EHCPs can continue until age 25 if the young person is in education or training.
What is the SEND Tribunal?
The First-tier Tribunal (Special Educational Needs and Disability) — known as SENDIST — hears appeals about EHCPs. It is independent of the local authority. You do not pay a fee to appeal.
📞 Free help and support
IPSEA (Independent Provider of Special Education Advice): ipsea.org.uk — free specialist SEND legal advice
SOSSEN: sossen.org.uk — SEND support and helpline
Council for Disabled Children: councilfordisabledchildren.org.uk
Citizens Advice: 0800 144 8848
⚠ Important disclaimer: This guide covers SEND law in England as at July 2026. Scotland, Wales and Northern Ireland have separate SEND frameworks. This guide provides general legal information only — not legal advice. Always verify with GOV.UK, your council or Citizens Advice before acting. ukworkrights.co.uk — Free UK Legal Rights Guidance. Not a law firm.
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