No.

Parents often tell us they've been informed that a child must have a formal diagnosis — or be a set number of years "behind" — before they can be recognised as having SEN. That isn't what the law says. SEN is defined by whether a child needs special educational provision, not by a label or a gap measured in years.

In short: a diagnosis can be helpful, but it is not a legal requirement for a child to be recognised as having SEN or to receive support.

Yes.

We sometimes hear that schools have said there is "little they can do", that they "only support academic needs", or that other children are "struggling more". Responses like these sit at odds with schools' legal duties. Both schools and local authorities have clear obligations towards children with SEN.

It is also worth looking at Article 3 of the UNCRC and Articles 7 and 24 of the UNCRPD.

Yes — the "assess, plan, do, review" cycle.

For provision to be suitable and effective, needs should be identified early and support should be planned, delivered and then honestly evaluated. Repeating the same intervention for months or years with little progress helps no one — support should change in response to how your child is actually doing.

Where a child is identified as having SEN, schools should put SEN Support in place: a four-part cycle that is personalised, specific and regularly revisited (SCOP, pp.100–102).

• Assess — clearly identify the child's needs, through assessment, observation, conversations and, where needed, referrals to and reports from specialists.
• Plan — agree the support, expected impact and a review date, involving the parent, teacher, SENCo and (where appropriate) the child. Communicate the plan clearly to parents.
• Do — put the plan into action. The class teacher keeps responsibility for the pupil's planning, progress and attainment.
• Review — evaluate the impact against the agreed date, share findings with parents, and feed this back into the next round of assessing and planning.

If the assessment was done properly, it counts.

If an assessment has been carried out by someone with the necessary qualifications, using the correct procedures and (where relevant) belonging to the appropriate professional bodies, then it is valid evidence. The law does not say who an assessor has to be employed by. It's worth remembering that many schools and local authorities also commission independent assessors themselves.

If you're told a private assessment doesn't count, you could:

1. Ask the person refusing it to put their decision and reasoning in writing (a "position statement") to you and to the professional who carried out the assessment.
2. Share that statement with the professional who did the assessment and explain what you've been told.
3. Ask that professional to respond in writing, confirming the validity of their work.

As always, do your research on any professional you choose to assess your child.

Yes — mainstream schools must have one.

A SENCo (Special Educational Needs Co-ordinator) is a key point of contact for parents — someone to listen, advise, plan and help map a way forward. We hear from families who are told the SENCo is "never available", that the school "doesn't have one", or that there's "no point" talking to them. Some parents of secondary-age children have never met the SENCo at all. That isn't acceptable. Schools can share a SENCo, but having one is a legal requirement, and the school should organise itself so the SENCo has time to do the role properly.

Tip: if you can't reach the SENCo, put your request for a meeting in an email so you have a record. If there's no proper response, email the head teacher next, then ask for the Chair of Governors and the SEN governor, or contact your local authority's SEN department.

Broadly, the SENCo makes sure children with any kind of SEN can access and enjoy the curriculum and school life, and that their needs are met so they can reach their potential. In practice this means co-ordinating and monitoring support, working closely with pupils and parents, engaging with outside professionals, and keeping track of provision and progress.

No — this is not acceptable.

Every child is entitled by law to an appropriate education, and identifying and meeting needs early really matters. No child should be expected to sit through a year while their education passes them by — the impact on learning, and on emotional and mental wellbeing, can be significant and long-lasting.

Yes.

Some parents are told a teacher "doesn't have time" to adapt lessons, or lacks the strategies to teach their child. Adapting teaching to meet pupils' needs is a core professional expectation, not an optional extra.

If you believe your child has SEN and needs support, a calm, well-documented approach works best:

1. Ask for the reasons in writing. Email the SENCo asking why additional support isn't being put in place, and request a reply within, say, five school days. This gives you a record.
2. Request a meeting with the SENCo (and perhaps the class teacher) in the same email.
3. Prepare. Write a list of any diagnoses, your child's areas of difficulty, your key concerns, and the support you want and why.
4. At the meeting, work calmly through your list. For any support offered, ask who will deliver it, how often, how impact will be monitored and by whom, how it will be recorded and shared, and set a review date (perhaps 4–6 weeks). Ask for a copy of any minutes.
5. If still refused, put your concerns to the head teacher and ask them to ensure appropriate provision is made. You can use the school's formal complaints procedure if needed.

Going further, if needed, you could contact your local authority (and its complaints procedure), your local MP, Ofsted, or the Department for Education. In some cases you may also have grounds to appeal to the SEND First-tier Tribunal on the basis of disability discrimination.

Every local authority must publish a Local Offer — this isn't optional. It brings together, in one place, information about the services expected to be available to support children with SEN and/or a disability in the area. Many families don't realise that the local authority also has a duty to involve children and parents in planning, publishing and reviewing it.

Yes.

When a child is too unwell to attend school, they should still be able to access suitable education. Sometimes schools and local authorities each say it's the other's responsibility — putting your requests in email helps you prove what was asked and when.

Children with SEN should have provision put in place, but the law doesn't fix the format in which it's written down. Schools use different names — Individual Education Plans (IEPs), Personal Support Plans, One Page Profiles, One Plans, Pupil Passports and others. What matters is that the support is agreed, recorded and shared with you.

So you are fully entitled to ask for details of all the support being put in place, the review dates, and how you can support the plan at home.

Schools have a legal duty to support pupils with medical conditions.

Comments like "we don't have to use healthcare plans anymore" or "we only do them as a favour" conflict with the law. There should be a clear process for what happens once medical needs are known, who is responsible, and how staff are trained.

Only as a temporary, agreed, time-limited measure — not a long-term solution.

For some children a part-time timetable can genuinely help — a smaller amount of time where they can succeed, build confidence and ease anxiety. But it must be progressive, agreed with parents, and time-limited. It should never be used to manage behaviour, and it isn't a long-term fix.

Yes — at any time.

You don't have to wait until a school is being inspected to share your views with Ofsted, though you should raise your concerns with the school first through its complaints procedure. See the Ofsted website for how to do this.

If your child meets the Act's definition of disability, they are very likely protected — including for things like lessons, general provision, and school trips.

What protection means. It is unlawful for a school to discriminate against or victimise a pupil: in how it provides education; in how it gives access to a benefit, facility or service; by not providing education or access; or by subjecting the pupil to any other detriment. This covers everything the school provides — including extracurricular and leisure activities, after-school and homework clubs, sports and off-site trips.

Positive action. Some parents are told it would be "unfair" to adjust an event or process for a disabled child. In fact, positive action makes it lawful to treat a disabled child more favourably where this helps put them on a more level playing field with children who are not disabled.

It's a detailed assessment carried out by the local authority (LA) to work out a child or young person's education, health and care needs, and whether those needs call for support through an EHC Plan. The LA gathers advice from a range of people — including you — and considers it all together.

• A child's parent or carer.
• A young person aged 16–25 themselves.
• A school, college or setting the child attends.
• Anyone else can bring a child to the LA's attention (for example a health or early-years professional), and the LA can also decide to assess on its own.

Tip: put your request in writing (email is ideal) so you have a dated record. Include your child's difficulties, any diagnoses or reports, and why you think school-based SEN Support isn't meeting their needs.

The threshold is deliberately low.

The LA does not need to be certain your child needs an EHC Plan to agree to assess. It only has to consider that the child may have SEN and may need provision through a plan. Your child does not have to be a set number of years "behind", and there is no rule that they must have tried a fixed number of interventions first.

A decision to assess within 6 weeks; the whole process within 20 weeks.

• By week 6The LA must tell you whether or not it will carry out an assessment.
• Weeks 6–12If it agrees, the LA gathers advice from education, health and care professionals — and from you.
• By week 16The LA decides whether it will issue an EHC Plan, and tells you either way.
• Weeks 16–20If a plan is agreed, you receive a draft. You have at least 15 days to comment and to ask for a particular school.
• By week 20The LA issues the final EHC Plan (where one is agreed).

These timescales are set in law. If they slip without good reason, it's reasonable to chase in writing and, if needed, to complain.

A refusal is not the end of the road. When the LA declines to assess (or, later, declines to issue a plan), it must tell you about your right to appeal and about mediation.

• You can appeal to the SEND First-tier Tribunal — see Chapter 4.
• You generally have two months from the decision letter (or one month from a mediation certificate, whichever is later) to lodge an appeal.
• Many refusals are overturned on appeal, so don't be discouraged — gather your evidence and get support. PawSteps is here to help.

Strong requests usually include a clear picture of need and of what's already been tried:

• Any diagnoses and professional reports (including private assessments — see Chapter 1, Q4).
• The school's SEN Support records: what's been put in place, for how long, and the impact.
• Attainment and progress data, and examples of your child's difficulties day to day.
• Your own account, and your child's views where possible.

Every plan is set out in the same lettered sections (A–K), so you always know where to look:

• AThe views, interests and aspirations of your child and you.
• BYour child's special educational needs.
• CHealth needs related to their SEN or disability.
• DSocial care needs related to their SEN or disability.
• EThe outcomes your child is working towards.
• FThe special educational provision — the actual support. This is the part the LA has a firm legal duty to deliver.
• GHealth provision.
• HSocial care provision.
• IThe placement — the name/type of school or setting.
• JDetails of any personal budget.
• KThe advice and information gathered (the appendices).

Section F is the support your child must actually receive.

Good provision in Section F should be specific and quantified — how much, how often, and by whom (for example "X hours per week of Y, delivered by a qualified Z"). Vague wording like "access to" or "opportunities for" is hard to hold anyone to. The reason it matters is that the LA has an absolute legal duty to secure the provision in Section F.

Yes — you have the right to request one.

When a plan is being drafted, you can ask for a specific school or setting — mainstream or special, maintained, academy or certain others. The LA must name your preferred school unless a limited set of exceptions applies.

You can also ask for a mainstream place; a child with an EHC Plan must be educated in a mainstream setting unless that is against your wishes or incompatible with the efficient education of others (and reasonable steps can't prevent that).

An EHC Plan must be reviewed at least every 12 months (an "annual review"). For children under five, the guidance suggests reviewing more often — around every six months — so support keeps pace with rapid change.

An annual review looks at whether the outcomes and provision are still right, gathers everyone's views (including yours and your child's), and can lead to the plan being kept as-is, amended, or ceased. If the plan is amended or the LA proposes to cease it, you have the right to appeal (see Chapter 4).

Yes — the provision in Section F is not optional.

Because the LA must secure the provision in Section F (Section 42), that support should be in place and delivered as written. If it isn't happening, keep a record, raise it in writing with the SENCo and head teacher, and escalate to the LA. Persistent failure to deliver can be challenged — Chapter 4 sets out the routes, including complaints and, in some cases, the courts.

Mediation is a voluntary, informal meeting (often by phone or video) with an independent mediator, to try to resolve a disagreement with the LA without going to Tribunal. It's free to you.

Before appealing most EHC decisions, you must contact an independent mediation adviser to discuss whether mediation might help. You don't have to go ahead with mediation — but you do need a mediation certificate to register your appeal (except where your appeal is only about the school named, or that no school is named, in which case a certificate isn't required).

The First-tier Tribunal (SEND) is independent of the LA and hears appeals about EHC decisions, including:

• A refusal to carry out an EHC needs assessment (or re-assessment).
• A refusal to issue an EHC Plan after assessment.
• The content of a plan — Section B (needs), Section F (provision) and Section I (placement).
• A decision to cease (stop) maintaining a plan.

You usually have two months from the LA's decision letter, or one month from the date of the mediation certificate, whichever is later. The Tribunal can also make non-binding recommendations about health and social care in some cases.

1. Keep records. Save every letter and email, and put requests and concerns in writing so there's a clear trail.
2. Be specific. Say what decision you disagree with, why, and what you want instead — backed by reports and evidence.
3. Get support early. PawSteps can help you understand the deadlines and prepare your case.
4. Mind the deadlines. Appeals are time-limited — diarise the date on your decision letter.
5. Stay calm and factual. Panels and mediators respond best to clear, evidence-based points.

Different problems have different routes:

• A school's actions or provision — use the school's complaints procedure, then the governing body.
• How the LA handled things — use the LA's complaints procedure, then the Local Government & Social Care Ombudsman.
• Disability discrimination by a school — a claim can be made to the SEND Tribunal (generally within six months).
• Wider concerns — you can raise matters with Ofsted, the Department for Education, or your MP.

You don't have to do this alone. PawSteps is here to help you understand your rights, prepare for meetings, and take the right next step at the right time — whether that's a letter, a request, or getting ready for an appeal.

Reaching out early often makes the whole process calmer and clearer. Explore the rest of this guide, and get in touch with PawSteps whenever you need a hand.

The First-tier Tribunal (SEND) is an independent national court, completely separate from your local authority. It doesn't split the difference or negotiate — it reviews the evidence and decides what the law requires, effectively stepping into the LA's shoes.

It can feel intimidating, but the framework is built around your child's needs. According to published tribunal statistics, the great majority of appeals decided at a hearing go in the parent's favour — so a refusal really isn't the end of the road. If you appeal an educational section (B, F or I), you can also ask the Tribunal to make recommendations on the health (C & G) and social care (D & H) parts.

Under budget pressure, LAs sometimes give reasons that simply aren't lawful. Common ones to challenge:

• "They're not far enough behind" or "their grades are too high" — there's no such legal test.
• "The school hasn't spent £6,000 of its own budget yet" — not a lawful reason to refuse to assess.
• "We won't assess without a diagnosis" — a diagnosis isn't required (see Chapter 1).

The only legal test for an assessment is whether the child may have SEN and may need provision through a plan. If you're refused on one of these grounds, appeal — most such refusals are overturned.

Two very common problems have specific remedies:

• Section F not delivered (the TA hours or therapy aren't happening): the LA remains legally responsible for securing it, even if the school says it's short-staffed. Keep a record and escalate.
• Unlawful delay past the 6-week or 20-week deadlines: chase in writing, then use the routes below.

Your remedies include:

• A "working document": during a content appeal you can ask for a shared, tracked version of the plan that you and the LA edit back and forth — this often settles the dispute before the hearing.
• Judicial Review: a High Court route to force an LA to meet a clear legal duty (such as missed statutory deadlines or failure to deliver Section F).
• The Local Government & Social Care Ombudsman (LGSCO): for delays, poor communication or maladministration — it can't rewrite a plan, but it can order the LA to pay compensation for missed education or distress.

Yes — you have a legal right to request one.

Once the local authority (LA) issues a draft EHC Plan, you have at least 15 days to comment and to ask for a particular school or setting. You can request a mainstream or special school, and certain types of college. The LA must then consult the school you've named before finalising the plan.

The LA must name your preferred school unless one of a small number of legal exceptions applies. It can't simply refuse because it would prefer somewhere else.

If the LA relies on one of these exceptions, it should explain clearly why — and you can challenge that reasoning (see Chapter 4).

There is a strong right to mainstream education.

A child or young person with an EHC Plan must be educated in a mainstream setting unless that goes against your wishes, or is incompatible with the efficient education of others — and even then only where there are no reasonable steps the school and LA could take to prevent that incompatibility.

Yes. If you believe a special school is right for your child, you can request one at the draft stage, and the same Section 39 tests apply. A common myth is that a child "can't go to a specialist school because they have a mainstream plan" — the plan's contents can be changed, and placement is decided against the legal tests, not by a label already on the draft. If a special school is what your child needs, make the case with evidence (reports, the level of support required, why mainstream can't meet the need).

Not on its own.

Every child is entitled to a suitable education, and simply saying a school is "full" or "has no spaces" is not, by itself, a lawful reason to leave a child without a place or provision. The LA has to work to the legal tests in Section 39 — and importantly, once a maintained school or academy is named in an EHC Plan, that school has a legal duty to admit the child, even if it is otherwise full.

So "we're full" and "there aren't enough spaces" are not the end of the conversation. Ask for the decision and reasoning in writing, and get advice before accepting it.

The school placement is Section I of the plan, and it is one of the parts you can appeal. If the final plan names a school you don't agree with — or refuses your preferred school — you can appeal Section I to the SEND First-tier Tribunal (see Chapter 4). As always: keep everything in writing, gather your evidence, and mind the two-month deadline.

• Ask the LA to put its reasons in writing.
• Line up evidence for why your preferred school is suitable and can meet need.
• Consider mediation, then appeal Section I if needed.

EOTAS is not the same as elective home education. With elective home education, you choose to take responsibility for your child's learning and generally fund it yourself. With EOTAS, the local authority agrees that a mainstream or special school building would be inappropriate — often because of severe medical needs, significant school-related trauma, or profound sensory overwhelm — and it must arrange and fund an alternative package.

Under an EOTAS package, the child keeps their EHC Plan, but no school is named in Section I — instead Section I states "EOTAS". The support the child needs is set out in Section F, and the local authority must arrange and fund it.

Because the whole package is built around the individual child, it can be very flexible. Examples include:

• Private, professional tutors delivering learning at home or in the community.
• Specialist online schooling platforms.
• Therapies such as Occupational Therapy, Speech & Language Therapy, or animal-assisted / therapeutic-riding sessions (see Chapter 10).
• Memberships to sports centres or clubs to build social interaction and confidence.

The local authority can pay providers directly from its central SEN budget, or transfer funds to you through a Section J personal budget / direct payment so you can arrange and book the support yourself (see Chapter 3, Section J, and Chapter 8).

For a child with severe school trauma, very high anxiety or burnout, sitting with a home tutor straight away is often impossible. Gentle, child-led animal-assisted sessions can act as a low-demand bridge — a way to re-learn how to engage, follow simple routines and regulate the nervous system before more formal learning restarts.

This kind of provision — for example at Pets on the Green in Warlingham — can be built into an EOTAS package or funded via a Section J personal budget. Chapter 10 explains how to word it so it counts as educational provision.

Targets understanding language, expressing language (including communication boards / AAC), and social communication. Because speech and communication are so central to learning, SLT is almost always treated as educational provision in Section F — the LA funds the therapist to work with the child, and to train staff.

Targets fine motor skills (handwriting, scissors), gross motor skills (balance, coordination), executive functioning, and sensory processing. If a child can't sit at a desk, hold a pen, or stay in a classroom because of sensory overload, OT is needed to access education — so it belongs in Section F.

Targets mobility, muscle tone and physical access. If it's purely medical rehabilitation it sits in Section G (NHS). If it's needed so the child can take part in PE or move safely around school, it should be written into Section F.

Neuro-affirming CBT (adapted so it doesn't encourage masking), play therapy and creative-arts therapies. Usually funded under Section G (NHS / CAMHS) where treating a diagnosed condition — but can move into Section F where, for example, school anxiety is causing complete school refusal.

Animal-assisted interventions (therapeutic riding / hippotherapy, equine-assisted learning, therapy dogs) are frequently funded through a Section J personal budget, or written directly into an EOTAS package, as a way to re-engage a young person who has experienced severe school trauma. Hydrotherapy sits in Section G if via an NHS pool, or Section F if part of a special school's curriculum. (See the feature below.)

Schools can suspend (fixed-term) or permanently exclude a pupil, but only the head teacher can decide it, only for disciplinary reasons, and it must be lawful, reasonable and fair — with a proper process and your right to make representations to the governing board.

The key point: any time your child is sent home or prevented from attending for behaviour reasons, it is a suspension or exclusion and must be formally recorded as one — with the reason and length given to you in writing.

If it isn't recorded, it's unlawful.

Schools sometimes ask you to collect your child early, keep them home for a "cooling-off" period, or say they "can't cope today". If this is happening because of behaviour and it isn't being recorded as a suspension, it's an unlawful ("informal" or "unofficial") exclusion. The same applies to a part-time timetable used to manage behaviour rather than as a short, agreed, reviewed step (see Chapter 1, Q14).

Under the Equality Act 2010, schools must make reasonable adjustments so a disabled child isn't put at a substantial disadvantage (see Chapter 1, Q16). Punishing or excluding a child for behaviour that is linked to their disability — without having made those adjustments — may be unlawful disability discrimination.

1. Document everything. Keep a dated log of every time your child is sent home, collected early or isolated, with the reason given, and save all emails.
2. Ask for it in writing. If you're asked to collect your child, ask the school to confirm in writing whether it is being recorded as a suspension, and why.
3. Check the adjustments. Ask what reasonable adjustments are in place for the behaviour they're concerned about.
4. Escalate. Raise it with the SENCo and head teacher, then the governing board, using the school's complaints procedure if needed.
5. Challenge if needed. You can make representations about a suspension/exclusion, and consider a disability-discrimination claim to the Tribunal (Chapter 4).

PawSteps can help you word the emails and work out your next step — you don't have to face this alone.