๐Ÿพ PAWSTEPS ยท SEN SUPPORT

SEN Support Hub for Parents

A plain-English guide to your child's rights to special educational needs (SEN) support in England โ€” what the law says, and how to ask for the help your child is entitled to.

A word from PawSteps

In England there are well over 1.6 million children recorded as having special educational needs (SEN), and more than 430,000 children and young people with an Education, Health and Care Plan (EHCP). The real number of children who would benefit from support is almost certainly higher โ€” many parents tell us their child has never been added to the SEN register at all.

Every child with SEN is entitled โ€” both morally and legally โ€” to the support they need to access a suitable education, to flourish and to reach their potential. Yet so many families tell us that getting that support feels like a constant, exhausting battle. Parents describe asking for assessments or provision and being met with delay, resistance or what feels like a lack of interest. They tell us they feel unheard, disbelieved, blamed, or very much alone.

We also hear, far too often, that parents are given information that simply isn't true. Statements such as "teachers don't have time to adjust their lessons", "a child has to be years behind before anything can happen", "you must name a mainstream school in an EHCP", or "if your child is too ill to attend, no one has to provide any education" are not correct. Your child's rights are written into law.

This hub exists to help you secure the provision your child is entitled to. For each common question, you'll find a clear answer alongside the specific laws and statutory guidance that back it up, so you can point to them with confidence. Use it in whatever way helps you and your child most.

You know your child best. Stay strong โ€” and keep asking. ๐Ÿพ
โ€” The PawSteps team

โš ๏ธ Important: This is general information to help you understand your child's rights and have informed conversations with your school or local authority. It is not legal advice and does not replace advice from a qualified professional. It focuses on England; other UK nations have their own rules. For personalised support, PawSteps is here to help.

Abbreviations used in this guide

ShortFull document or legislation
SCOPThe SEND Code of Practice 2015
CFAThe Children and Families Act 2014
UNCRPDThe United Nations Convention on the Rights of Persons with Disabilities
UNCRCThe United Nations Convention on the Rights of the Child
TSThe Teachers' Standards 2011
EAGEEnsuring a good education for children who cannot attend school because of health needs (2013)
SCWMCSupporting pupils at school with medical conditions (2015)
WTISAWorking together to improve school attendance (2024)
EAThe Equality Act 2010
EAASThe Equality Act 2010 and Schools (2014)

Chapter 1 โ€” SEN provision: your questions answered

1Does my child need a diagnosis to be considered as having SEN, or to be on the SEN register?โ–ธ

No.

Parents often tell us they've been informed that a child must have a formal diagnosis โ€” or be a set number of years "behind" โ€” 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.

The law โ€” CFA, Section 20A child or young person has special educational needs if they have a learning difficulty or disability that calls for special educational provision to be made for them. A child of compulsory school age (or a young person) has a learning difficulty or disability if they have significantly greater difficulty in learning than most others of the same age, or a disability that prevents or hinders them from using the facilities generally provided for others of the same age in mainstream settings. (A child is not regarded as having a learning difficulty solely because the language they are taught in differs from the language spoken at home.)

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.

2Does my child have a right to SEN provision?โ–ธ

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.

The law โ€” SCOP, p.25High-quality teaching that is differentiated and personalised will meet the individual needs of the majority of children. Some children need provision that is additional to or different from this โ€” that is special educational provision under Section 21 of the CFA. Schools must use their best endeavours to make sure such provision is made for those who need it.
The law โ€” SCOP, p.92All children and young people are entitled to an appropriate education โ€” one suited to their needs that promotes high standards and the fulfilment of potential, enabling them to achieve their best, become confident individuals living fulfilling lives, and make a successful transition into adulthood. Every school is required to identify and address the SEN of the pupils it supports.
The law โ€” CFA, Section 66(2)If a registered pupil or student has special educational needs, the appropriate authority must use its best endeavours to secure that the special educational provision called for by those needs is made.

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

3Do schools have to follow a process to identify SEN and a child's needs?โ–ธ

Yes โ€” 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 โ€” 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.100โ€“102).

  • Assess โ€” clearly identify the child's needs, through assessment, observation, conversations and, where needed, referrals to and reports from specialists.
  • Plan โ€” 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 โ€” put the plan into action. The class teacher keeps responsibility for the pupil's planning, progress and attainment.
  • Review โ€” evaluate the impact against the agreed date, share findings with parents, and feed this back into the next round of assessing and planning.
The law โ€” SCOP, p.94All schools should have a clear approach to identifying and responding to SEN. Identifying need at the earliest point, and then making effective provision, improves long-term outcomes for the child.
4I've paid for private assessments โ€” I've been told they "don't count". Is that true?โ–ธ

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.

The law โ€” SCOP, pp.102โ€“103Where a pupil continues to make less than expected progress despite evidence-based support matched to their needs, the school should consider involving specialists. Where assessment indicates that support from specialist services is required, children should receive it as quickly as possible.
5Does a school need to have a SENCo?โ–ธ

Yes โ€” mainstream schools must have one.

A SENCo (Special Educational Needs Co-ordinator) is a key point of contact for parents โ€” 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.

The law โ€” SCOP, p.108The SENCo must be a qualified teacher working at the school. Governing bodies of maintained mainstream schools and proprietors of mainstream academies must ensure there is a qualified teacher designated as SENCo. The school should ensure the SENCo has sufficient time and administrative support to carry out the role effectively.
The law โ€” CFA, Section 67(2)The appropriate authority must designate a member of staff (the "SEN co-ordinator") as having responsibility for co-ordinating provision for pupils with special educational needs.

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.

6What does (or should) a SENCo do?โ–ธ

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.

The law โ€” SCOP, p.108The SENCo has day-to-day responsibility for the operation of SEN policy and the co-ordination of support for individual pupils with SEN, including those with EHC plans. The SENCo provides professional guidance to colleagues and works closely with staff, parents and other agencies, and should be aware of the provision in the Local Offer.
7The SENCo said "this year doesn't matter โ€” it's all repeated next year." Is that OK?โ–ธ

No โ€” 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 โ€” the impact on learning, and on emotional and mental wellbeing, can be significant and long-lasting.

The law โ€” SCOP, p.94The benefits of early identification are widely recognised: identifying need at the earliest point and then making effective provision improves long-term outcomes for the child or young person.
The law โ€” CFA, Section 66(2)The appropriate authority must use its best endeavours to secure that the special educational provision called for by a pupil's needs is made.
8Is it reasonable for lessons to be adjusted to my child's needs?โ–ธ

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.

The law โ€” SCOP, p.99Teachers are responsible and accountable for the progress and development of the pupils in their class, including where pupils access support from teaching assistants or specialist staff. High-quality teaching, differentiated for individual pupils, is the first step in responding to pupils who have or may have SEN.
The law โ€” Teachers' Standards, pp.11โ€“12A teacher must adapt teaching to respond to the strengths and needs of all pupils; know when and how to differentiate appropriately; understand how a range of factors can inhibit learning and how to overcome these; and have a clear understanding of the needs of all pupils, including those with SEN and disabilities.
9What if the school refuses to put things in place for my child?โ–ธ

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 4โ€“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.

10What is the Local Offer?โ–ธ

Every local authority must publish a Local Offer โ€” 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.

The law โ€” SCOP, p.59Local authorities must publish a Local Offer setting out, in one place, information about provision they expect to be available across education, health and social care for children and young people in their area who have SEN or are disabled โ€” including those without an EHC plan.
The law โ€” CFA, Section 30A local authority in England must publish information about the provision it expects to be available, both within and outside its area, for children and young people who have special educational needs or a disability.
11Is my child entitled to an education if they are off sick?โ–ธ

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 โ€” putting your requests in email helps you prove what was asked and when.

The law โ€” EAGE, pp.6โ€“7Children unable to attend school because of health needs should be able to access suitable, flexible education appropriate to their needs. Local authorities are responsible for arranging suitable full-time education for children of compulsory school age who would not otherwise receive it because of illness โ€” whether or not the child is on a school roll, and whatever type of school they attend. Where full-time education isn't in the child's best interests for health reasons, part-time education should be arranged in their best interests. Provision should still aim for good attainment, particularly in English, maths and science.
The law โ€” EAGE, p.5Local authorities should not withhold or reduce provision because of cost (meeting the child's needs and providing a good education must be the deciding factors), nor operate rigid lists of conditions or inflexible policies that leave children without suitable education.
12My child has SEN โ€” should she have an IEP?โ–ธ

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 โ€” 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.

The law โ€” SCOP, p.101Where a pupil is given SEN support, the parents must be formally notified. The teacher and SENCo should agree, with the parent and pupil, the adjustments, interventions and support, the expected impact and a clear review date. Parents should be fully aware of the planned support and, where appropriate, plans should seek parental involvement to reinforce progress at home.
The law โ€” CFA, Section 68(2)The appropriate authority must inform the child's parent (or the young person) that special educational provision is being made.

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.

13My child has medical needs โ€” does the school have to put a healthcare plan in place?โ–ธ

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.

The law โ€” CFA, Section 100(1)The appropriate authority for a school must make arrangements for supporting pupils at the school with medical conditions.
The law โ€” SCWMC, pp.4, 7, 12, 17Pupils with medical conditions should be properly supported so they have full access to education, including trips and PE. The governing body must ensure arrangements are in place so these children can enjoy the same opportunities as any other child, that the policy clearly sets out everyone's roles, and that any staff providing support have received suitable training.
The law โ€” SCOP, p.94The CFA places a duty on maintained schools and academies to support pupils with medical conditions. Where children also have SEN, provision should be planned and delivered in a co-ordinated way with the healthcare plan.
14Can my child be placed on a reduced timetable for several months?โ–ธ

Only as a temporary, agreed, time-limited measure โ€” not a long-term solution.

For some children a part-time timetable can genuinely help โ€” 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.

The law โ€” WTISA, p.25All pupils of compulsory school age are entitled to full-time education suitable to their age, aptitude and any SEN. Only in very exceptional circumstances, where it is in the pupil's best interests, might a temporary part-time timetable be used to meet individual needs โ€” for example where a medical condition prevents full-time attendance. A part-time timetable should not be used to manage behaviour.
The law โ€” WTISA (continued)A part-time timetable should have the agreement of both school and parent, a clear aim as part of the pupil's wider support or reintegration plan, regular review dates involving the pupil and parents, and a proposed end date after which full-time education is expected โ€” extendable only through review, and only in limited cases (such as a long-term health condition) for a prolonged period.
15Can I tell Ofsted my views about the provision my child receives?โ–ธ

Yes โ€” 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.

16Is my child protected under the Equality Act 2010?โ–ธ

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

The law โ€” EA, Section 6 (what counts as a disability)A person has a disability if they have a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

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 โ€” including extracurricular and leisure activities, after-school and homework clubs, sports and off-site trips.

The law โ€” EAAS, p.26 (reasonable adjustments)Where something a school does places a disabled pupil at a disadvantage compared with other pupils, the school must take reasonable steps to avoid that disadvantage. Schools are expected to provide an auxiliary aid or service for a disabled pupil where it is reasonable and would alleviate a substantial disadvantage.
The law โ€” SCOP, p.93All schools have duties under the Equality Act 2010 towards disabled children and young people. They must make reasonable adjustments, including the provision of auxiliary aids and services, to prevent them being put at a substantial disadvantage.

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.

๐Ÿ“Œ This is Chapter 1 of a larger guide. It covers SEN provision. Further chapters โ€” for example on EHC needs assessments, EHCPs, school placement and the Tribunal โ€” can be added in the same PawSteps style. The information here reflects the law and statutory guidance as summarised for parents; always check the current version of each document, as guidance is updated from time to time.