BRITAINDIRECT
My Power: Family & Community

SEND Support: Fight for Your Child

The system is designed to exhaust you into giving up. Here's how to outlast it and get your child the support they're legally entitled to.

The EHCP: Your Child's Legal Shield

An Education, Health and Care Plan (EHCP) is a legally binding document that sets out your child's special educational needs and the provision they must receive. Once finalised, the local authority and the school must deliver what it says — it's not a wish list, it's enforceable law.

The process starts with a needs assessment. You can request this yourself — you don't need the school's permission. Write to your local authority's SEND department and cite Section 36 of the Children and Families Act 2014.

The LA has 6 weeks to decide whether to assess. If they agree, the full process should take no more than 20 weeks from your request to a finalised EHCP. In practice, many LAs breach these timescales — which is another ground for appeal.

Key SEND Rights

  • Right to request assessment — parents can request an EHCP needs assessment at any time.
  • Right to appeal — if the LA refuses to assess, refuses to issue an EHCP, or you disagree with its contents.
  • Right to choose school — you can request a specific school, including independent specialist schools.
  • Right to mediation — free mediation is available before and during Tribunal proceedings.
  • Right to personal budgets — you can request a personal budget to arrange some provision yourself.

Know the Battlegrounds

Needs Assessment

The LA will gather evidence from school, health, and social care professionals. Submit your own evidence — parent views carry legal weight. Include any private assessments, and don't rely on the school's view alone.

SEND Tribunal

The SEND Tribunal is free to use and parents win the majority of cases. You can represent yourself, or use a free advocate from IPSEA or SOS!SEN. The Tribunal is less formal than a court and designed to be parent-friendly.

Illegal Exclusions

Schools cannot send your child home informally ("off-rolling"), reduce their timetable without agreement, or exclude them for behaviour linked to their SEND without proper procedures. If this happens, put your complaint in writing and contact the LA.

When the School Isn't Delivering

If your child has an EHCP and the school isn't providing what it says, that's a legal breach. Start with the SENCO (Special Educational Needs Coordinator). If nothing changes, escalate to the headteacher, then to the LA (who are legally responsible for ensuring the EHCP is delivered). If the LA fails to act, you can complain to the Local Government Ombudsman.

Getting Independent Evidence

Private professional reports (Educational Psychologists, Speech and Language Therapists, Occupational Therapists) are powerful evidence at Tribunal. They typically cost £500–£1,500 but can make the difference. Some charities offer funded assessments for families who can't afford them — ask IPSEA.

Essential Resources

SEND Parent's Action Checklist

Your child has legal rights. Here's how to make sure those rights are delivered.

Fight for Your Child's SEND Provision
Practical steps from first concerns to Tribunal — if needed.

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