Understanding your child or young person's rights
Navigating the world of Special Educational Needs and Disabilities (SEND) can feel daunting, whether you're new to the journey or a seasoned parent carer facing new challenges. At SEND Assist, we believe that understanding the law is your most powerful tool. This page is designed for every parent carer who needs clarity, reassurance, and practical knowledge to advocate effectively for their child or young person.
Frequently asked questions about SEND law
Many parent carers encounter confusion, delays, or even misinformation when dealing with the SEND system. This section addresses the most common worries, from understanding the difference between local policy and statutory law, to knowing your rights when legal timescales are missed, and how to verify information from education, health, and social care services. Get answers that empower you.
Does local authority policy override SEND law?
No, local authority policies, while important for local operations, cannot override the statutory duties and rights outlined in the Children and Families Act 2014 and the SEND Code of Practice. Always refer to the law first.
How can I ensure the information I receive from services is accurate?
Keep detailed records of all communications. Ask for information in writing and refer to the appropriate section of the Children and Families Act part 3 (link above). If in doubt, seek advice from SEND Assist. Remember, you have a right to accurate information.
Where can I find the official SEND law documents?
The primary legal framework is the Children and Families Act 2014, supported by the SEND Code of Practice: 0-25 years and Equality Act 2010. Links to legislation here:
What should I do if the local authority misses statutory deadlines?
If statutory timescales are missed, you should immediately raise this with the local authority, preferably in writing.
Quick check for legal timescales:
- Decision whether to assess - within 6 weeks from receipt of request to assess
- Total legal timescale for Education, Health and Care Needs assessment (EHCNa) - 20 weeks from initial request to issuing an EHCP (unless some specific exceptions apply)
- Decision whether to issue an Education Health & Care plan - within 15 weeks, from point of request
- Parent carers must be given 15 calendar days to review a draft EHCP and make comment, including requesting a school
- Annual Reviews are a process, not just a meeting! The process must be completed within 12 weeks,
You can also explore formal complaints procedures, which every Local Authority should have in place. Please have a conversation with SEND Assist, to see how we can help you.