Yes.

As we explain on our ‘best endeavours’ duty page, certain settings must do everything that could reasonably be expected of them to put in place special educational provision for their pupils with special educational needs (SEN).

This is a legal duty, which comes from section 66 of the Children and Families Act 2014.

This duty applies to all children and young people with SEN in those settings. It does not require parental consent or for both parents to agree.

If the school has identified that a pupil has SEN, it must do everything it can to meet that child or young person’s SEN – even if a parent disagrees.

Statutory guidance called the Code sets out how schools should meet this duty, by making SEN Support, involving specialists and making EHC needs assessment requests where appropriate.

The Code says:

“Where a pupil is identified as having SEN, schools should take action to remove barriers to learning and put effective special educational provision in place” (paragraph 6.44)

The Code is clear that parents should be involved in identifying needs and planning support, as well as in reviewing progress. Parents should also always be involved in any decision to involve specialists (paragraph 6.59 of the Code).

If a parent has concerns about the school making SEN Support, involving specialists or making an EHC needs assessment request, they can raise this with the school who should listen to their concerns.

A parent can refuse to agree to a specialist meeting their child to provide an assessment of needs, for example. However, the school must still meet its legal duty if the pupil has SEN and may decide to still involve a specialist to provide advice to it even if they don’t directly work with the child.

If there is a conflict between parents as to their child’s education, government advice sets out how schools should respond.