When a child has SEND, (Special Educational Needs and Disabilities), families may initially find themselves researching a maze of information that falls under the umbrella of SEND law.
Whilst striving to champion your child’s needs, you may wonder what SEND law is and what it represents for your child.
We hope the following information clarifies the essentials of SEND law and makes it feel more accessible.
- If your child has significant needs, the first key area might be to understand is the EHCP process.
- The SENCO at your child’s school will advise you about initial steps, re how to request an EHC assessment form.
- Your child’s school may create an IEP (Individual Education Plan), also known as a ILP/PLP.
- If your child is granted an EHCP, the Local Authority, (LA) is bound to its terms by law.
Thomas Emmett, Head of Education at Birkett Long LLP, advises parents that “it is important to be aware of the law relating to children and young people with special educational needs and disabilities. The law has developed through legislation, regulations and case law developed by tribunals and courts. There is also statutory guidance.”
“The Children and Families Act 2014 is really important legislation for parents/carers and young people. A key statutory guidance document that sits alongside the Children and Families Act 2014 is the SEND Code of Practice. Local authorities, schools, academies and further education institutions (amongst others) must have regard to the SEND Code of Practice.
The Special Educational Needs and Disability Regulations 2014 is a notable regulation for parents/carers and young people.”
A link below from the IPSEA (Independent Provider of Special Education Advice) website will summarise all the acts in this article, and lead you to the full documents.
As you start to process legal information, surround yourself with SEND support groups including:
- IPSEA
- Special Needs Jungle
- Birkett Long Solicitors
- SENDIASS (Information and Support Service)
Thomas explains that “the law refers to a ‘child’ or ‘young person’ and it may be helpful to parents to understand the distinction. A ‘child’ is a person of compulsory school age and below, whilst a ‘young person’ is a person over compulsory school age but under 25. ‘Compulsory school age’ means any age between 5 and 16.”
Thomas adds that “it is helpful for parents to know that EHC plans are required by law to have certain sections and the content of some of those sections must meet certain legal requirements. For example, Section E of an EHC plan specifies the outcomes sought for a child or young person. Outcomes should be specific, measurable, achievable, realistic and time bound (SMART). The law states that the sections of an EHC plan must be kept separate. Overall, an EHC plan should allow someone who does not know the child or young person to understand their needs and the special education provision required to meet their needs.”
What Are SEND Legal Procedures During and After an EHCP is Granted?
As the LA decide, you can empower yourself by:
- Engaging with Professionals: Work closely with teachers, health professionals, and educational psychologists to identify/address your child’s needs.
- Seek Support: Reach out for help from the organisations mentioned above. Join a social media support group as an additional prop.
If you are granted an EHCP, check that you:
- Fully understand the provision.
- Agree that it covers your child’s needs.
- Work closely with your child’s DO (Designated Officer) whose name will be on the EHCP.
- Keep in touch with other professionals involved.
- Mention any concerns as early as possible to your DO by email.
- Prepare for annual reviews with progress reports and amendments required for the EHCP.
- Talk to a legal representative if you are concerned about how your child’s EHCP is being applied in school.
What Can I do if my Child’s EHCP is Refused?
- Read the reasons to understand the LA’s view.
- Follow the given timeline to respond to their decision.
- Talk to a legal specialist about choosing mediation or a tribunal. Mediation can initially be very helpful and can overturn a decision.
- If mediation is unsuccessful, request a tribunal via SENDIST (Special Educational Needs and Disability Tribunal).
- Connect with your support groups on how to prepare for the tribunal process.
What About Children without an EHCP?
Schools have a responsibility to highlight and support a child’s SEND, with or without an EHCP.
The are many voluntary groups/charities that help SEND families; please see the links below.
Your LA has a legal duty to help all SEND children. Reach out to them to connect with specialist professionals.
Keep an organised paper trail record of meetings/reports/emails that highlight your child’s challenges, and any help received to date. If you have a conversation about your child on the phone, follow it up with an email to confirm the details of your communication.
Talk regularly to your child’s teacher and the school SENCO to discuss the potential inclusion of an IEP, to identify your child’s challenges and set targets.
Always remember: You are your child’s number one voice. Keep that in mind as you also gather evidence, and communicate freely and regularly. It may sometimes feel like a long process but take help from others whenever you need it and most importantly, look after yourself.
Useful Websites:
https://www.specialneedsjungle.com/
https://www.empoweringsendfamilies.co.uk/
https://www.birkettlong.co.uk/
https://www.birkettlong.co.uk/sectors/education-law/education-lawyers-parents-guardians-and-young-people/special-educational
https://www.kids.org.uk/sendiass-home/
https://www.ipsea.org.uk/
https://www.ipsea.org.uk/sen-and-disability-statute-law-regulations-and-guidance
Please note: The information provided within this blog is written by SENsational Tutors and is for general information purposes only. We appreciate that every person is unique and any advice/experiences mentioned within the content of each blog may not be reflective of your own personal experience. All information on the site is provided in good faith and is for educational informational purposes only. It is not a substitute for professional advice. Before taking any actions based upon such information, we encourage you to consult with appropriate professionals.
