Your Rights Under the SEND Code of Practice: What Every Parent Should Know
When you are fighting for support for your child, it often feels like you are at the mercy of the school or Local Authority. In reality, the law is on your side more than you might realise. The SEND Code of Practice sets out the legal rights of children and young people with special educational needs, and it gives parents powerful tools to hold schools and Local Authorities accountable.
What is the SEND Code of Practice?
The SEND Code of Practice (2015) is statutory guidance. This means schools, nurseries, colleges, health bodies and Local Authorities must follow it. It covers children and young people from birth up to 25 years old and explains how support should be provided.
While it is not a piece of legislation itself, it is based on laws such as the Children and Families Act 2014 and the Equality Act 2010. If professionals fail to follow the Code, they may be acting unlawfully.
Key Rights Every Parent Should Know
1. The Right to Request an EHC Needs Assessment
You do not need the school’s permission to apply for an Education, Health and Care (EHC) Needs Assessment. As a parent, you can make the request directly to your Local Authority. They must consider your request and reply within six weeks.
2. The Right to Be Involved
The Code is clear: parents and children must be at the centre of decision-making. Meetings, plans and assessments should not happen behind closed doors. Your views, and your child’s views, must be taken into account at every stage.
3. The Right to Specific and Enforceable Provision
If an EHCP is issued, the provision in Section F must be specific and clear. Vague wording is not acceptable. You have the right to challenge an EHCP that does not properly describe the support your child needs.
4. The Right to Appeal
If the LA refuses to assess, refuses to issue an EHCP, or issues a plan that you believe is inadequate, you have the right to appeal to the SEND Tribunal. Many parents win at tribunal, because the law is clear.
5. Protection from Discrimination
Under the Equality Act 2010, schools and colleges must not discriminate against pupils with disabilities. They must make reasonable adjustments to ensure your child can access education fairly. This applies whether or not your child has an EHCP.
How to Use These Rights in Practice
Keep records: always put requests in writing and keep copies.
Know the deadlines: LAs have strict legal timeframes, such as the 20-week deadline for issuing an EHCP.
Challenge when needed: don’t be afraid to appeal. Many refusals are overturned when challenged.
Bring support: having an advocate or supporter with you in meetings can make sure your voice is heard.
Final Thoughts
The SEND Code of Practice is designed to protect your child’s right to an education that meets their needs. Knowing your rights means you can step into meetings with confidence, ask the right questions, and hold professionals to account.
You are not asking for special treatment. You are asking for the law to be followed.
