If a child or young person has SEN but does not have an EHC plan or a statement of SEN, they are still entitled to the support necessary to meet their needs. All mainstream nurseries, schools or colleges should provide support through SEN Support. The FAQs below provide more information on what this means in each setting. They must also use their best endeavours to ensure the child or young person receives the support they need.

If a child or young person has an EHC Plan, the nursery, school or college must do their best to deliver the special educational provision specified in Section F. If they cannot do this, the LA, which has a direct duty to the child or young person to secure the provision they need, must provide the nursery, school or college with the resources (finances or expertise) to do so.

Whether or not they have an EHC plan, the school or college must tell you if your child or young person has been identified as having SEN, they must identify their needs to the best of their ability and they must put the right support in place to make sure they progress and achieve specified outcomes. All this information should be documented in a clear record that should be available to you on request.

Nurseries must involve parents with decisions around special educational provision. Schools should meet with parents at least three times a year to discuss the record kept of the pupil’s SEN and progress. Colleges should involve the student and (particularly where the student is aged 16-18) their parents in decisions around the support they receive for their SEN.