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. ๐พ
โ The PawSteps team
Abbreviations used in this guide
| Short | Full document or legislation |
|---|---|
| SCOP | The SEND Code of Practice 2015 |
| CFA | The Children and Families Act 2014 |
| UNCRPD | The United Nations Convention on the Rights of Persons with Disabilities |
| UNCRC | The United Nations Convention on the Rights of the Child |
| TS | The Teachers' Standards 2011 |
| EAGE | Ensuring a good education for children who cannot attend school because of health needs (2013) |
| SCWMC | Supporting pupils at school with medical conditions (2015) |
| WTISA | Working together to improve school attendance (2024) |
| EA | The Equality Act 2010 |
| EAAS | The 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?โธ
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.
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?โธ
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.
3Do schools have to follow a process to identify SEN and a child's needs?โธ
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.100โ102).
- 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.
4I've paid for private assessments โ I've been told they "don't count". Is that true?โธ
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:
- 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.
- Share that statement with the professional who did the assessment and explain what you've been told.
- 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.
5Does a school need to have a SENCo?โธ
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.
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?โธ
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.
7The SENCo said "this year doesn't matter โ it's all repeated next year." Is that OK?โธ
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.
8Is it reasonable for lessons to be adjusted to my child's needs?โธ
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.
9What if the school refuses to put things in place for my child?โธ
If you believe your child has SEN and needs support, a calm, well-documented approach works best:
- 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.
- Request a meeting with the SENCo (and perhaps the class teacher) in the same email.
- Prepare. Write a list of any diagnoses, your child's areas of difficulty, your key concerns, and the support you want and why.
- 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 4โ6 weeks). Ask for a copy of any minutes.
- 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?โธ
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.
11Is my child entitled to an education if they are off sick?โธ
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.
12My child has SEN โ should she have an IEP?โธ
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.
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?โธ
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.
14Can my child be placed on a reduced timetable for several months?โธ
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.
15Can I tell Ofsted my views about the provision my child receives?โธ
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?โธ
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.
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.
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.