SEND and the Law
Please note:
Leeds Mencap are not legal experts; this page collates information about key SEND legislation, but we cannot and do not offer legal advice.
Introduction
The law provides protection to people with disabilities and promotes their rights and welfare. Key documents are:
The Equality Act (2010)
- Prohibits discrimination against individuals with disabilities in various aspects of their life, including employment, education, and access to goods and services.
- In education, the act requires that schools and universities make reasonable adjustments to ensure that students with disabilities are not at a disadvantage compared to their peers.
Read the full act here: Equality Act 2010
The Children and Families Act (2014)
Sets out a number of key provisions for children and young people with SEND, including:
- The right to an education that is appropriate to their needs, and that promotes their well-being and development
- The requirement for local authorities to carry out assessments of children's needs and to prepare education, health, and care plans (EHCPs) for those with the most complex needs
- The right to appeal against decisions made by local authorities regarding support and provision for children with SEND
- The requirement for schools to make reasonable adjustments to ensure that children with disabilities are not at a disadvantage compared to their peers
- The requirement for schools to designate a SENCO (Special Educational Needs Coordinator) to coordinate support for children with SEND.
Read the full act here: Children and Families Act 2014
SEND Code of Practice (2015)
A guidance document issued by the UK government that provides practical advice for schools, local authorities, and other organisations on how to support children and young people with special educational needs and disabilities (aged 0-25).
The SEND Code of Practice sets out the legal framework for how schools and local authorities should work together to identify and support children with special educational needs and disabilities, and it also provides guidance on how to involve parents and carers in the decision-making process.
The SEND Code of Practice covers a wide range of topics, including:
- The definition of special educational needs and disabilities
- The process for identifying and assessing children's needs
- The provision of support and services for children with special educational needs and disabilities
- The role of parents, carers, and young people in decision-making
- The responsibilities of schools and local authorities in meeting the needs of children with special educational needs and disabilities
- The transition process from early years to adulthood.
Some of the key principles of the SEND Code of Practice include:
- The importance of early identification and intervention for children with SEND
- The need for a person-centred approach that focuses on the individual needs of each child
- The importance of involving parents, carers, and young people in decision-making
- The requirement for schools and local authorities to work together to provide coordinated support and services
- The need for regular reviews and evaluations of progress and support.
Read the full document here: SEND code of practice: 0 to 25 years - GOV.UK
Education
Key duties of Local authorities (LAs):
LAs must:
- Identify and assess the SEND of children/young people in their area when they become aware that they have or may have SEND.
- Must think about the following when making decisions:
- the views, wishes and feelings of parents, children and young people
- the importance of parents, children and young people participating as fully as possible in decisions and being provided with the information and support necessary to enable participation in those decisions
- the need to support parents, children and young people in order to facilitate the child or young person’s development and to help them achieve the best possible educational and other outcomes.
- Ensure early years setting, schools and colleges support children’s SEND needs
- Carry out an education, health and care needs assessment, if a child/young person needs more support than a nursery, school or college can give. This assessment may lead to an education, health and care plan (EHC Plan) being produced. Once special educational provision has been detailed in an EHC Plan, the LA has a legal duty to provide it and failure to do so could result in a judicial review action and/or formal complaints.
- Publish a Local Offer containing information about all the services and support it expects to be available for children and young people with SEND for whom it is responsible.
(Children and Families Act 2014)
Educational Settings:
Nurseries, schools and colleges must:
- Identify and support children and young people with SEND. They should record what SEND they have identified; the provision being put in place and the outcomes they expect a child to achieve
- Use their best endeavours to support children and young people with SEND. This means doing everything that could reasonably be expected of them. They should apply for an EHC needs assessment if they cannot meet a child’s needs (parents/carers/young people also have a right to apply for an assessment themselves).
- Provide an inclusive education, making sure that children with SEND engage in the activities of the school together with children who do not have SEND
Transport:
LAs have particular duties towards some groups of children and young people who require home to school transport arrangements.
- Children under 5 – not automatically entitled to transport to an early years setting or school. LAs can however, use their discretion to make transport arrangements, for example to facilitate a child’s attendance at school, under Section 509A of the Education Act (EA) 1996.
- Children of school age – LAs are required to arrange free, suitable, home to school transport for children of school age who are ‘eligible’, to their nearest suitable qualifying school (section 508B of the Education Act (EA) 1996). Eligibility includes:
- Children with SEN, a disability or mobility problem
- Children attending school over the statutory walking distance from their home where the LA has not made suitable for the child to attend a nearer school
Support with transport to school includes:
- Provision of one or more escorts (whether alone or together with other children) when travelling to or from the relevant educational establishment
- Payment of the whole or any part of a person’s reasonable travelling expenses
- Payment of allowances in respect of the use of particular modes of travel
- Voluntary arrangements made by parents
From: Home-to-school travel - GOV.UK
- 16 – 19 year olds – no legal duty requiring a LA to provide free school or college transport to 16-19 year olds. However, LA must have a Transport Policy Statement which should say what transport arrangements the LA considers it necessary to make, to help young people to attend school or college. It is unlikely these arrangements will be free.
- Over 19s - the LA must make transport arrangements it thinks “necessary” to help with the attendance of adults receiving education at settings:
- Maintained or assisted by the LA and providing further and/or higher education,
- Within the further education sector.
Any transport arrangements provided under this duty must be free of charge.
What parents can do:
If you have concerns about your child’s provision and/or support, you can:
- Speak to the school SENDCo or Headteacher. Read Leeds Mencap’s ‘Tips for meeting with school about your child’ on our Supporting your child’s SEND Needs Information page.
- Contact Leeds SENDIASS (Special Educational Needs and Disability Information, Advice and Support Service) for advice and support
Additional support and resources:
This information is not affiliated with Leeds Mencap.
Please note: Irwin Mitchell Solicitors are corporate partners with Leeds Mencap.
Independent Provider of Special Education Advice - IPSEA has lots of advice and information about SEND and the Law, particularly around educational provision, tribunals etc. (IPSEA) Independent Provider of Special Education Advice
Factsheet from the Witherslack Group – an education provider for Children and young people with SEND: Getting Started With SEND Laws
Irwin Mitchell solicitors have a range of factsheets and letter templates about different aspects of SEND and the law: Factsheets & Template Letters | Irwin Mitchell Solicitors
Other Resources about meeting with school about support:
School support meeting (leeds.gov.uk)
Working_with_childs-school_I-A.pdf (autismeducationtrust.org.uk)
What SEN support can my child's school provide? - Support for Parents from Action For Children
Seven ways to support your child with SEND at school - BBC Bitesize
Additional support from Leeds Mencap
Follow us on Facebook to hear about our upcoming events.
Family Engagement and Support Workers who can offer advice, signposting and support and may be able to support you with school meetings
Lots of tips and resources on our website
Leeds Mencap offers a regular free legal clinic run by our Corporate Partner Irwin Mitchell Solicitors. Check our website for dates and book an appointment in person, by telephone or via video call.
