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Understanding SEND Rights for Children in the UK

  • Writer: Team Tutor Connect
    Team Tutor Connect
  • Jun 2
  • 4 min read

Updated: Jul 14


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Navigating the world of Special Educational Needs and Disabilities (SEND) can feel like wandering through a maze for many parents in the UK. The complexity of the system can sometimes leave parents overwhelmed.


However, understanding SEND rights for children aged 4 to 18 empowers you to advocate for your child and create a supportive environment for their unique needs. This post aims to clarify essential rights under the SEND framework, offering guidance as you navigate this important aspect of your child's educational journey.


What is SEND?


SEND stands for Special Educational Needs and Disabilities, referring to children who have significant difficulties learning compared to their peers or who have disabilities affecting their access to education. The SEND Code of Practice serves as a guideline that outlines the responsibilities of schools, Local Authorities, and other organisations in supporting these children.


Determining whether your child has SEND is crucial. Common areas of challenge include:


  • Communication and Interaction: For example, a child with autism may struggle with social interactions.

  • Cognition and Learning: Some children may have specific learning disabilities, like dyslexia, affecting their reading skills.

  • Social, Emotional, and Mental Health: Children facing anxiety may find it hard to engage in classroom settings.

  • Sensory or Physical Needs: This includes children with conditions that might limit their mobility, requiring tailored support.


Recognising these needs is vital for obtaining the appropriate assistance, which can significantly impact your child's success.


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SEND Rights in the UK


The Legal Framework


In the UK, SEND rights for children are protected by several key laws, most notably the Children and Families Act 2014. This act emphasises inclusion and children’s best interests.

Parents are encouraged to actively participate in the education process, working with schools to ensure their children receive support. According to a report by the Department for Education, approximately 14% of pupils in England have SEND, highlighting the importance of effective advocacy.


  1. The Right to an Education


All children, including those with SEND, have a legal right to free education, supported by the Education Act 1996 and the Equality Act 2010. If your child is identified with SEND, schools must make reasonable adjustments to accommodate their needs. For instance, schools might use visual aids for children with learning difficulties or provide a quieter classroom atmosphere for those with anxiety.



  1. The Right to an Education Health and Care Plan (EHCP)


A key right for children with SEND is the ability to request an Education Health and Care Plan (EHCP). This is crucial for children whose needs exceed what standard school services can provide.


An EHCP details your child's educational needs, required support, how this support is funded, and appropriate school placements. Parents can request an assessment from their Local Authority, or schools can initiate this process. The Local Authority must complete this assessment within 20 weeks.


  1. The Right to a Needs Assessment


Regardless of an EHCP, every child has the right to a needs assessment. Educational professionals evaluate your child's strengths and challenges in a school setting. This assessment identifies specific needs and helps ensure the right support is in place.


  1. The Right to Participate in Decision-Making


Parents of children with SEND have the right to actively participate in decisions about their child's education. This involvement allows you to have a say in the support, placements, and individual needs of your child.


Building a strong relationship with the school fosters effective communication. Regular discussions can keep you informed and involved in decision-making.


  1. The Right to Information


Schools are required to provide clear information regarding their SEND policy, support opportunities, and ways parents can engage with these services. Don't hesitate to ask your school about implementing their SEND policy and how it affects your child.



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How Parents Can Advocate for Their Children


  1. Building Relationships with Schools


Creating a solid partnership with your child’s school is crucial. Effective communication builds a supportive environment beneficial for everyone involved. Aim to meet with teachers regularly to align on your child's goals and progress. A shared vision can enhance your child’s educational experience.


  1. Gathering Evidence


When advocating for your child, well-documented evidence strengthens your case for additional resources or support. Keep track of your child's progress, relevant assessments, and written communication. This information proves invaluable when applying for an EHCP or questioning school decisions.


  1. Connecting with Other Parents


Engaging with fellow parents of children with SEND can provide support, share experiences, and exchange effective strategies. Joining local SEND groups or forums creates a community where you can feel understood and find helpful resources.


  1. Professional Support


In some scenarios, seeking help from external professionals specializing in SEND can be invaluable. Educational psychologists, advocacy groups, and charities offer insights and support when you're feeling overwhelmed. These experts navigate the complexities of SEND, helping you advocate for your child more effectively.


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What to Do If Things Go Wrong


  1. Understand Your Rights


If you feel your child's needs are not being met, understanding your rights is crucial. Being well-informed allows you to advocate effectively. Refer to your child's EHCP, the SEND Code of Practice, and other relevant guidelines when seeking support.


  1. Negotiation and Mediation


Often, open communication resolves conflicts. Schedule meetings with school staff to address any concerns collaboratively. Aim for cooperation rather than confrontation to foster positive outcomes. If discussions fail, consider independent mediation services to assist in resolving disputes with educational institutions.


  1. Complaints Procedure


If all else fails, know that schools have a complaints procedure for parents. The specifics may vary by institution, but document all concerns and actions taken. Use the complaints process as a last resort, but it can be effective when necessary.



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