SEND & Education

SEND and education support is one of the most important areas of Local Authority responsibility. Families often need clear, accessible information because education systems can be difficult to understand, 

especially when children have additional needs, disabilities, health conditions, learning difficulties, mental health needs, or barriers to attendance.

Local Authorities have legal duties relating to:

• Special Educational Needs and Disabilities
• Education, Health and Care Plans
• School admissions
• School transport
• Attendance support
• Children missing education
• Safeguarding
• Equality and reasonable adjustments

Children and young people should be supported to access suitable education, participate in decisions affecting them where appropriate, and receive support based on their individual needs.

What Is SEND?

SEND means Special Educational Needs and Disabilities.

A child or young person may have SEND if they have:

• Learning difficulties
• Communication needs
• Autism
• ADHD
• Dyslexia
• Physical disabilities
• Sensory impairments
• Social, emotional or mental health needs
• Medical conditions affecting education
• Complex or multiple needs

SEND support should be based on the child or young person's individual needs, not labels alone.

Legal Framework

Important law and guidance includes:

Children and Families Act 2014

This is the main law governing SEND and Education, Health and Care Plans.

SEND Regulations 2014

These set out detailed rules, procedures and timescales.

SEND Code of Practice

This is statutory guidance for local authorities, schools, health bodies and others working with children and young people with SEND. Councils and relevant bodies must have regard to it.

Equality Act 2010

Protects disabled children and young people from discrimination and supports reasonable adjustments.

Education Act 1996

Provides important education duties, including duties relating to suitable education.

Human Rights Act 1998

May be relevant where decisions affect family life, fairness and access to education.

School SEND Support

Many children with SEND receive support through their school without an EHCP.

This may include:

• Differentiated teaching
• Small group support
• Teaching assistant support
• Speech and language strategies
• Behaviour support
• Emotional wellbeing support
• Reasonable adjustments
• SENCO involvement
• Individual support plans

Schools should identify needs early and work with families.

The Role Of The SENCO

A SENCO is the Special Educational Needs Coordinator.

They usually help coordinate:

• SEND support
• Support plans
• Evidence gathering
• Communication with parents
• Referrals to specialists
• Reviews of progress

Parents and carers may ask to speak to the SENCO where they believe a child needs additional support.

Education, Health and Care Plans

An Education, Health and Care Plan is often called an:

EHCP

An EHCP is a legal document for children and young people with special educational needs who require support beyond what is normally available through ordinary school SEND support.

An EHCP may set out:

• The child or young person's needs
• Special educational provision required
• Health needs linked to SEND
• Social care needs linked to SEND
• Outcomes
• Placement or school named
• Support arrangements

Who Legally Decides An EHCP?

A very important point is that the school does not legally decide whether an EHCP is issued.

The Educational Psychologist does not legally decide.

An internal EHCP panel does not legally decide.

The Local Authority is the legal decision-maker.

Under Part 3 of the Children and Families Act 2014, the Local Authority has statutory duties to consider

assessment requests, conduct assessments, decide whether to issue an EHCP, secure provision in an EHCP, and review or amend EHCPs. Even where a panel makes recommendations, 

legal responsibility remains with the Local Authority.

EHCP Needs Assessments

A parent, young person, school or other professional may request an Education, Health and Care Needs Assessment.

The legal test is important.

The Local Authority must consider whether:

• The child or young person has or may have special educational needs; and
• They may need special educational provision through an EHCP.

The threshold is based on “may”, not certainty.

EHCP Timescales

SEND regulations create important timescales.

In many cases, the EHCP process should be completed within 20 weeks from the initial request, unless specific exceptions apply. The SEND Regulations and Code of Practice set out assessment, consultation and review requirements.

Duty To Secure EHCP Provision

One of the strongest duties is the duty to secure provision in Section F of an EHCP.

If support is written into Section F, the Local Authority must secure that special educational provision.

This means the council cannot simply blame the school if legally specified EHCP support is not delivered.

EHCP Reviews

EHCPs should be reviewed regularly.

Reviews may consider:

• Progress
• Changing needs
• Placement suitability
• Support being delivered
• Outcomes
• Transition planning

Parents, carers and young people should normally be involved.

Challenging EHCP Decisions

Families may challenge decisions such as:

• Refusal to assess
• Refusal to issue an EHCP
• Contents of an EHCP
• Special educational provision
• Named school or placement
• Ceasing to maintain an EHCP

Appeals can be made to the Special Educational Needs and Disability Tribunal where appeal rights apply.

SEND Tribunal Appeals

The First-tier Tribunal SEND handles appeals against Local Authority SEND decisions.

It is independent of the council.

A tribunal may consider whether the council applied the law correctly, considered the evidence properly, and reached a lawful decision.

Families can use the SEND35 appeal form for many EHCP appeals.

Evidence For SEND Cases

Useful evidence may include:

• School reports
• SENCO records
• Educational Psychologist reports
• Speech and Language Therapy reports
• Occupational Therapy reports
• CAMHS records
• Medical letters
• Attendance records
• Behaviour records
• Parent views
• Child or young person's views
• Previous support plans

Evidence should be organised, dated and clearly linked to the child's needs.

School Admissions

School admissions involve applying for a school place.

Local Authorities usually coordinate admissions for many schools, although some schools are their own admission authority.

Admissions may include:

• Reception applications
• Secondary school transfer
• In-year applications
• Specialist placements
• School preference forms

Parents should check deadlines carefully.

School Admission Appeals

If a child is refused a school place, parents may have a right of appeal.

Admission appeal panels are independent.

Government guidance says admission authorities must give at least 10 school days’ notice of the hearing, and appeals must usually be heard within 40 school days of the deadline for making an appeal.

School Transport Support

Local Authorities may have duties relating to home-to-school transport.

Transport support may be relevant where a child cannot reasonably access school because of:

• Distance
• Disability
• SEND
• Mobility needs
• Safety
• Lack of suitable route

Government statutory guidance sets out what local authorities must do to comply with school travel law.

Attendance Services

Local Authorities may be involved where children are missing education or experiencing attendance difficulties.

Attendance concerns should be handled carefully, especially where absence is linked to:

• SEND
• Anxiety
• Mental health
• Bullying
• Disability
• Medical needs
• Unmet provision
• Safeguarding concerns

Families should provide evidence where attendance difficulties relate to health, SEND, trauma, bullying or unmet support needs.

Children Missing Education

Councils have responsibilities regarding children who are not receiving suitable education.

This may include children who are:

• Not on a school roll
• Missing from education
• Unable to attend due to illness
• Without suitable provision
• Moving between areas

Early action is important.

Reasonable Adjustments In Education

Disabled children and young people should not be placed at a disadvantage because of disability.

Reasonable adjustments may include:

• Accessible classrooms
• Modified communication
• Assistive technology
• Adjusted behaviour policies
• Extra time
• Sensory support
• Medical support arrangements
• Flexible approaches where appropriate

Advanced Claimant Protection

Families should remember:

The Local Authority Is Legally Accountable

Where an EHCP decision is made, the legal responsibility sits with the council, even if an internal panel was involved.

Ask For Decisions In Writing

Written decisions are essential for appeals and complaints.

Request The Legal Test Applied

Ask the council to explain what legal test was used and what evidence was considered.

Keep Evidence Organised

Create folders for medical, school, professional, attendance, communication and tribunal documents.

Challenge Inaccuracies Promptly

Incorrect records can affect decisions.

Do Not Rely Only On Verbal Advice

Ask for confirmation in writing.

Complaints & Escalation

Depending on the issue, families may be able to:

• Speak to the school SENCO
• Contact the Local Authority SEND team
• Request review or reconsideration
• Use mediation advice where relevant
• Appeal to the SEND Tribunal
• Make a council complaint
• Escalate maladministration to the Local Government and Social Care Ombudsman
• Raise data protection concerns with the ICO
• Seek legal advice where urgent rights are affected

Common SEND Problems

Families commonly report:

• Delayed EHCP assessments
• Refusals to assess
• Refusals to issue EHCPs
• Vague EHCP wording
• Support not being delivered
• Disagreements about school placement
• Transport refusals
• Poor communication
• Failure to consider professional evidence
• Attendance enforcement where needs are unmet

Each case should be considered on its own facts and evidence.

Evidence Standards Handbook

Good SEND and education records may include:

✓ Timeline of events

✓ School emails

✓ SENCO notes

✓ EHCP documents

✓ Professional reports

✓ Medical evidence

✓ Attendance records

✓ Behaviour logs

✓ Meeting notes

✓ Complaint responses

✓ Tribunal papers

Good records can be invaluable if disputes arise later.

Useful Resources

SEND Code of Practice:

https://www.gov.uk/government/publications/send-code-of-practice-0-to-25

Appeal an EHCP decision:

https://www.gov.uk/appeal-ehc-plan-decision

SEND Tribunal:

https://www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability

School admissions:

https://www.gov.uk/schools-admissions

School admission appeals:

https://www.gov.uk/schools-admissions/appealing-a-schools-decision

Home-to-school travel guidance:

https://www.gov.uk/government/publications/home-to-school-travel

Find your local council:

https://www.gov.uk/find-local-council

IPSEA:

https://www.ipsea.org.uk

Contact:

https://contact.org.uk

Local Government & Social Care Ombudsman:

https://www.lgo.org.uk

SEND & Education Checklist

✓ Speak to the school early.

✓ Ask for SENCO involvement.

✓ Keep copies of all reports and emails.

✓ Request decisions in writing.

✓ Understand EHCP legal tests.

✓ Submit evidence clearly.

✓ Watch statutory deadlines.

✓ Challenge inaccurate records.

✓ Appeal where rights apply.

✓ Keep the child or young person's needs at the centre.

Key Message

SEND and education systems can be complex, but children and young people have important rights to suitable education, fair assessment, reasonable adjustments, and support based on their individual needs.

Local Authorities are legally responsible for EHCP decisions and must follow the Children and Families Act 2014, SEND Regulations, statutory guidance, equality duties and public law principles. Families should keep strong evidence, request written decisions, understand appeal rights, and seek support early where education needs are not being properly met.