Home›Guides & Information›Education & Learning›Understanding SEND: Rights & Support in Education

Understanding SEND: Rights & Support in Education

A child or young person may have Special Educational Needs (SEN) if they have a learning difficulty or disability that requires special educational provision beyond what is normally available.

About this guide

A child or young person may have Special Educational Needs (SEN) if they have a learning difficulty or disability that requires special educational provision beyond what is normally available.

Understanding SEND

England terminology: the four broad areas of need come from the SEND Code of Practice for England. They are useful categories for planning support, but a child's provision should be based on their individual needs, not only on a diagnosis or category.

A child or young person may have Special Educational Needs (SEN) if they have a learning difficulty or disability that requires special educational provision beyond what is normally available.

The SEND Code of Practice identifies four broad areas of need:

Communication and Interaction

Including:

  • Autism Spectrum Condition (ASC)
  • Speech and Language Difficulties
  • Social Communication Difficulties

Cognition and Learning

Including:

  • Dyslexia
  • Learning Disabilities
  • Moderate Learning Difficulties
  • Severe Learning Difficulties

Social, Emotional & Mental Health

Including:

  • ADHD
  • Anxiety
  • Trauma-related difficulties
  • Behaviour linked to unmet needs

Sensory and Physical Needs

Including:

  • Hearing Impairment
  • Visual Impairment
  • Multi-sensory Impairment
  • Physical Disabilities
  • Medical Conditions

Useful links:

SEN Support

No EHCP is required before SEN Support can start. Schools in England should use the graduated approach of assess, plan, do, review, involving the pupil and family. Where a pupil makes less than expected progress despite relevant support, specialist advice should be considered.

Most children with SEND receive support through SEN Support without needing an EHCP.

Schools should follow the:

Assess

Identify needs.

Plan

Agree support and outcomes.

Do

Provide interventions and support.

Review

Monitor progress and update support.

Parents and young people should be involved throughout this process.

Support may include:

  • Additional teaching support
  • Small group work
  • Specialist interventions
  • Assistive technology
  • Communication support
  • Emotional wellbeing support
  • Reasonable adjustments

SEND Support Plans

Schools often create support plans outlining:

  • Identified needs
  • Support provided
  • Targets and outcomes
  • Review dates
  • Responsible staff

Parents should request copies of plans and review notes.

Useful evidence includes:

  • Progress reports
  • Assessment results
  • Attendance data
  • Behaviour records
  • Professional reports
  • Medical evidence

Education, Health & Care Plans (EHCPs)

Important legal precision: an EHC plan is an England-specific statutory plan. It can continue up to age 25 where the statutory conditions remain met, but it does not automatically continue to age 25. Wales, Scotland and Northern Ireland use different systems.
Section F is enforceable against the local authority. Section 42 of the Children and Families Act 2014 requires the local authority to secure the special educational provision specified in Section F of an EHC plan.

An EHCP is a legal document for children and young people aged 0–25 whose needs cannot be met through ordinary SEN Support.

An EHCP may include:

Education Needs

  • Learning support
  • Specialist teaching
  • Therapy support

Health Needs

  • Medical support
  • Therapy provision

Social Care Needs

  • Family support
  • Short breaks
  • Personal care support

EHCPs are legally enforceable.

Local authorities must secure the educational provision specified in Section F of an EHCP.

Useful links:

EHCP Needs Assessments

Key statutory timescale: the local authority must normally tell the parent or young person whether it will carry out an EHC needs assessment within 6 weeks of receiving the request, subject to the statutory exceptions. If a plan is to be issued, the full process should normally be completed within 20 weeks.

Parents, schools or young people over compulsory school age can request an Education, Health and Care Needs Assessment.

An assessment may be appropriate where:

  • Progress remains limited despite support
  • Needs are complex
  • Specialist provision is required
  • Multiple professionals are involved

Evidence often includes:

  • School reports
  • Educational psychologist assessments
  • Medical evidence
  • Therapy reports
  • Attendance records
  • SEND support documentation

Parents can request assessments directly from their local authority.

Find your local authority:

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

EHCP Reviews

EHCPs should remain accurate and reflect current needs.

Reviews should consider:

  • Educational progress
  • Health needs
  • Social care needs
  • Placement suitability
  • Outcomes achieved
  • Additional support required

Parents and young people should receive review paperwork before meetings and have opportunities to contribute.

EHCP Annual Reviews

Annual review timing: an EHC plan must normally be reviewed at least every 12 months. The local authority must normally communicate its decision to maintain, amend or cease the plan within 4 weeks of the review meeting.

By law, EHCPs must normally be reviewed at least once every 12 months.

Annual Reviews should:

  • Assess progress
  • Consider professional advice
  • Update outcomes
  • Review provision
  • Consider placement suitability

Parents should:

  • Submit written views
  • Review evidence carefully
  • Request amendments where needed
  • Keep copies of all documents

EHCP Appeals

Appeal deadline – England: the SEND Tribunal must normally receive an appeal within 2 months of the date on the local authority's decision letter, or 1 month from the mediation certificate, whichever is later.

Parents and young people may appeal decisions relating to:

  • Refusal to assess
  • Refusal to issue an EHCP
  • Contents of the EHCP
  • School placement
  • Ceasing an EHCP

Useful links:

SEND Tribunal Process

Mediation: in most EHC appeals a parent or young person must contact a mediation adviser first. If the appeal is only about the school or institution named in Section I, mediation consideration is not required.

The SEND Tribunal is independent from local authorities.

Appeals commonly involve:

  • Refusal to assess
  • Refusal to issue plans
  • Provision disputes
  • Placement disputes

Good evidence includes:

  • Professional reports
  • Educational assessments
  • Medical evidence
  • School records
  • Expert witness reports
  • Parent evidence

Tribunal decisions are legally binding.

Useful support:

Autism & School

Autistic children may need support with:

  • Communication
  • Sensory processing
  • Predictability
  • Social interaction
  • Anxiety management

Helpful adjustments may include:

  • Visual timetables
  • Quiet spaces
  • Structured routines
  • Sensory accommodations
  • Reduced transitions

Useful links:

ADHD & School

Children with ADHD may experience difficulties with:

  • Attention
  • Organisation
  • Impulse control
  • Emotional regulation

Support may include:

  • Movement breaks
  • Seating adjustments
  • Task chunking
  • Visual reminders
  • Flexible approaches to learning

Useful links:

Dyslexia Support

Dyslexia may affect:

  • Reading
  • Spelling
  • Writing
  • Processing speed

Support may include:

  • Phonics interventions
  • Assistive technology
  • Extra exam arrangements
  • Alternative learning methods

Useful links:

Dyspraxia Support

Dyspraxia may affect:

  • Coordination
  • Organisation
  • Handwriting
  • Planning tasks

Support may include:

  • Occupational therapy
  • Adapted equipment
  • Alternative recording methods

Useful links:

Learning Disabilities

Children with learning disabilities may require:

  • Specialist teaching
  • Adapted curriculum
  • Additional support staff
  • Personalised learning plans

Useful links:

Sensory Impairments

Children with hearing or visual impairments may need:

  • Specialist equipment
  • Communication support
  • Adapted resources
  • Qualified specialist teachers

Useful links:

Physical Disabilities

Schools should work to remove barriers to participation.

Support may include:

  • Accessible classrooms
  • Mobility support
  • Personal care arrangements
  • Adapted equipment
  • Specialist transport

Useful links:

School Accessibility

Schools must plan to improve accessibility for disabled pupils.

Accessibility may include:

  • Physical access
  • Curriculum access
  • Communication access
  • Information in alternative formats

Useful links:

Reasonable Adjustments

Equality Act 2010: schools must make reasonable adjustments for disabled pupils where the statutory duty applies. This duty is separate from SEN Support and EHCP duties, so a child does not need an EHCP before reasonable adjustments can be required.

Under equality law, schools have duties to make reasonable adjustments for disabled pupils.

Examples include:

  • Extra time
  • Rest breaks
  • Adapted materials
  • Flexible timetables
  • Specialist equipment
  • Communication support

Adjustments should be individual and evidence-based.

SEND Complaints

Choose the correct route. A school complaint, local-authority complaint, SEND Tribunal appeal, disability discrimination claim and Ombudsman complaint deal with different decisions and remedies. Using only a complaint route can risk missing a tribunal appeal deadline.

Concerns should usually be raised through:

Step 1

School SENCO.

Step 2

Headteacher.

Step 3

School complaints process.

Step 4

Governors or Academy Trust.

Step 5

Local Authority.

Step 6

Tribunal or Ombudsman where appropriate.

Useful links:

SEND Advocacy

Advocacy helps families understand and exercise their rights.

Advocates can:

  • Attend meetings
  • Explain processes
  • Help prepare evidence
  • Support appeals
  • Challenge unlawful decisions

Useful services:

SENDIASS

Independent Information, Advice and Support Services:

https://councilfordisabledchildren.org.uk/information-advice-and-support-services-network

IPSEA

https://www.ipsea.org.uk/

SOS!SEN

https://www.sossen.org.uk/

Contact

https://contact.org.uk/

Legal Rights

Core England legislation: Part 3 of the Children and Families Act 2014 and the SEND Regulations 2014 contain the main EHC plan framework. Equality Act duties sit alongside SEND law. The SEND Code of Practice is statutory guidance and should be read with the legislation.

Children, young people and families may have rights under:

  • Children and Families Act 2014
  • Equality Act 2010
  • SEND Regulations
  • Human Rights Act 1998
  • Education Acts
  • Data Protection legislation

Rights may include:

  • Appropriate educational provision
  • Participation in decisions
  • Access to assessments
  • Appeals and complaints
  • Freedom from discrimination
  • Reasonable adjustments
  • Access to information

Evidence Standards

Strong evidence is often essential.

Keep:

  • School reports
  • EHCP documents
  • Emails
  • Attendance records
  • Behaviour records
  • Medical evidence
  • Therapy reports
  • Professional assessments
  • Meeting notes
  • Review paperwork

Create a timeline showing:

  • Dates
  • Concerns raised
  • Support requested
  • Responses received
  • Impact on the child
  • Outcomes sought

Evidence should be factual, organised and child-focused.

Accountability & Escalation

If support is not being provided:

  1. Raise concerns with the school.
  2. Request written responses.
  3. Escalate through complaints procedures.
  4. Contact SENDIASS.
  5. Seek specialist advice.
  6. Use mediation where available.
  7. Appeal to the SEND Tribunal where appropriate.
  8. Escalate to Ombudsman services when relevant.

Always keep copies of correspondence and decisions.

Quick Help Directory

SEND Information

https://www.gov.uk/government/publications/send-guide-for-parents-and-carers

SEND Code of Practice

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

EHCP Information

https://www.gov.uk/children-with-special-educational-needs/extra-SEN-help

EHCP Appeals

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

SEND Tribunal

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

SENDIASS

https://councilfordisabledchildren.org.uk/information-advice-and-support-services-network

IPSEA

https://www.ipsea.org.uk/

SOS!SEN

https://www.sossen.org.uk/

Contact

https://contact.org.uk/

Equality Rights

https://www.gov.uk/government/publications/equality-act-2010-advice-for-schools

School Complaints

https://www.gov.uk/complain-about-school

Ombudsman

https://www.lgo.org.uk/

Key Message

SEND support should be based on the child's individual needs, strengths and aspirations. Children, young people and families have important legal rights, including the right to participate in decisions, challenge unlawful decisions, access support and seek accountability when educational needs are not being met. Early intervention, strong evidence, informed advocacy and understanding of legal rights can significantly improve outcomes for children and young people with SEND.

Current law & 2026 update

What Is SEND Law Now – and What Is Only Proposed?

The current statutory SEND and EHC plan system in England still operates under Part 3 of the Children and Families Act 2014, the SEND Regulations 2014 and the SEND Code of Practice: 0 to 25 years.

Do not treat the 2026 SEND reform consultation as current law. The Department for Education's “SEND reform: putting children and young people first” consultation closed on 18 May 2026. It contains proposed future changes. The consultation itself does not remove current EHC plan, Section F, assessment, appeal or Equality Act rights.
England statutory timescales

Key EHC Plan Timescales

6 weeks

The local authority must normally decide whether it will carry out an EHC needs assessment within 6 weeks of receiving the request, subject to the statutory exceptions.

16 weeks

Following the assessment process, the authority should normally tell the parent or young person by week 16 whether it intends to issue an EHC plan.

20 weeks

Where a plan is issued, the whole process from request to final EHC plan should normally take no more than 20 weeks, subject to the statutory exceptions.

At least 15 days

A parent or young person must normally be given at least 15 days to make representations on a draft EHC plan and request a particular school or institution.

12-month review

EHC plans must normally be reviewed at least every 12 months. Some children under 5 require more frequent consideration under the SEND framework.

4 weeks after review meeting

The local authority should normally notify the parent or young person whether it will maintain, amend or cease the plan within 4 weeks of the review meeting.

Official 2026 data

How Many Children & Young People Have SEND?

Department for Education statistics show the scale of identified SEND in England. The school census and the EHC plan collection measure slightly different populations, so the figures should not be mixed without understanding the definitions.

1,319,780 pupils in England recorded with SEN Support in 2025/26
538,547 pupils in schools recorded with an EHC plan in 2025/26
718,838 active EHC plans across the wider 0–25 population at January 2026
46.1% of relevant new plans were issued within the statutory 20-week timeframe during 2025
In the 2025/26 school census, 14.8% of pupils were recorded with SEN Support and 6.0% with an EHC plan. DfE says more than 1.8 million pupils in England had identified SEN.
Appeals & tribunal

SEND Tribunal – Current Appeal Forms & Help

The First-tier Tribunal (Special Educational Needs and Disability) is independent of the local authority. It can hear specified EHC plan appeals and disability discrimination claims relating to schools.

SEND35

Used for specified appeals about EHC plans. HMCTS updated the form page on 9 February 2026. An online appeal service is also available.

SEND35

SEND35A

Used to appeal a refusal to secure an EHC needs assessment. The GOV.UK service was updated on 5 March 2026 to add the online service.

SEND35A

Disability Discrimination

The SEND Tribunal also has forms for parents and young people making school disability discrimination claims under the Equality Act.

All SEND Tribunal Forms

Appeal Deadline

For EHC appeals, the tribunal must normally receive the appeal within 2 months of the decision letter or 1 month from the mediation certificate, whichever is later.

Official Appeal Guide
Personal budgets

EHC Plan Personal Budgets & Direct Payments

A parent or young person can ask the local authority to identify a personal budget when an EHC plan is being prepared or reviewed. This identifies money that may be used to secure some provision in the plan.

A personal budget does not automatically mean the family receives cash. Depending on the arrangements, provision may be delivered through a direct payment, an arrangement managed by the local authority or another organisation, or a combination.

UK nations

SEND / Additional Needs Across the UK

EHCPs apply to England. Do not use English EHC plan terminology as if it were the legal system throughout the UK.

England – SEND & EHC Plans

England uses SEN Support and EHC plans under the Children and Families Act 2014 and SEND Regulations 2014.

England SEND Guidance

Scotland – Additional Support for Learning

Scotland uses the Education (Additional Support for Learning) (Scotland) Act 2004 framework. Education authorities must identify, provide for and review additional support needs. A refreshed Code of Practice was published in February 2026.

Scotland – Additional Support 2026 Code of Practice

Northern Ireland – SEN

Northern Ireland has its own SEN legislation and Code of Practice, including the Education (Northern Ireland) Order 1996, SENDO 2005 and the Special Educational Needs and Disability Act (Northern Ireland) 2016.

Northern Ireland SEN Northern Ireland SEN Code
Official sources

Key SEND Law, Guidance & Help