Local authority conduct in SEND Tribunal appeals Expand JF, R (on the application of) v London Borough of Croydon and the Special Educational Needs and Disability Tribunal [2006] EWHC 2368 (Admin): The local authority’s role in a SEND Tribunal appeal is to assist the SEND Tribunal by making all of the relevant information available, including information which is unhelpful to its own case. LM v Birmingham City Council (SEN): [2026] UKUT 127 (AAC): This case adds weight to an argument that the LA should make sure the working document incorporates sections A and E as well as the sections under appeal. The Upper Tribunal said those are ideal spots to capture what might motivate a young person and potential outcomes in terms of skills and employment and there are clear risks of a tribunal having insufficient regard to a young person’s aspirations and the outcomes which they and those supporting them consider appropriate if it does not have these sections before it to provide context for what it has to decide. London Borough of Hillingdon v AP and SP [2024] UKUT 388 (AAC): Local authorities (LAs) have duties to help the SEND Tribunal deal with appeals justly and fairly. This includes avoiding delay, cooperating, and placing all of their cards on the table. LAs need to properly prepare, this may involve raising points or options with the SEND Tribunal during the appeal rather than trying to introduce alternatives to the SEND Tribunal naming the parent’s choice of school after its made its decision to argue that it should have decided differently. PS v LB of Wandsworth (SEN): [2025] UKUT 239 (AAC): This case reminds us that if a parent’s conditional right to a section 38(3) CFA school can be dislodged under section 39(4) CFA 2014 on appeal, and neither party asks the SEND Tribunal to consider an alternative school, then the SEND Tribunal will name an appropriate type of placement. This does not mean that afterwards an LA can simply agree to remove the name of a child on the roll of their special school without consulting with their parents as a result. It also reminds us that: if parents or young people are concerned that the setting they want named may not be, and/or they feel strongly opposed to the placement proposed by the LA, they should put forward an alternative setting for the SEND Tribunal to consider naming when the SEND Tribunal makes decisions, it can do so on the reasonable expectation that the LA will comply with its legal duties, and we must all take care when using AI-generated content, as this is not always reliable.
My child is struggling at school and the school has suggested I home educate them. I do not want to home educate my child - do I have to do this? Are there other options? Expand The law says parents of compulsory school age children must make sure their child gets a suitable education. This means it is suitable for their age, ability, aptitude and any special educational needs (SEN) they have. Whilst parents must make sure their child receives a suitable education, they can choose how their child receives it. Parents can choose to send their children to school, or they can decide to educate them otherwise, at home for example. Deciding to home educate a child can be a big step and it is a personal decision. There is no duty on a local authority (LA) to help home-educating parents or to fund provision for home-educated children with SEN. For some children, elective home education is the right step for them and their families, but it isn’t for every child or their parent. No parent should feel under pressure from a school or an LA to home educate their child, and no school or LA can force a parent to agree to home educate a child. If you feel your child’s SEN are not being met by their school and you feel you have no other choice but to remove them, or if you feel under pressure to home educate when this is not something you want to do, you can take action. Remind the school of its legal duties Remind the governing body (or its equivalent) of your child’s school of its legal duty to make sure the school is doing all that it can to put in place the special educational provision required to meet your child’s SEN. This duty is called the ‘best endeavours’ duty and you can use our template letter to make sure this duty is being met. The school must also make sure they do not discriminate against disabled children and must put in place reasonable adjustments to avoid disadvantage. If your child does not have an EHC plan, ask for an EHC needs assessment An EHC needs assessment is an investigation into a child’s education, health and care needs, what provision is required to meet them, and what outcomes are to be expected as a result of that provision. It is the gateway to an EHC plan, a legal document which carries important duties and rights. You can request an EHC needs assessment at any time, including if you feel your child’s school isn’t meeting their SEN, if you have been asked to consider home education, or if you are already home educating your child. Your LA must agree to this request if your child has or may have SEN and may need special educational provision in accordance with an EHC plan. You can use our template letter and resources to help you make your request. If you child has an EHC plan, consider if the EHC plan needs changing If your child already has an EHC plan but you are coming under pressure to home educate them, or you feel the school cannot meet your child’s SEN, then it might be that: your child’s SEN have changed, and Section B needs to be updated the special education provision your child requires is missing from Section F Section F is vague, meaning that your child isn’t receiving what they need or how they need it, and Section F needs to be more specific you want a different school named in Section I, or you think it is inappropriate for your child’s special educational provision to be delivered in a school meaning they need to be educated otherwise than in a school, and Sections B, F, and/or I need to be amended. Whenever your child’s EHC plan is in draft form you have the right to request that a particular nursery, school or college is named in the EHC plan. Your LA must agree to (and on appeal, the SEND Tribunal must order) your placement request unless limited reasons apply. For example, you may think your child needs a special school placement, and you have the right to request a maintained special school, a special academy school, a non-maintained special school or section 41 school is named. You can check the status of a school online to see if it is one you have the right to request. On the other hand, you may feel that no school is suitable for your child, because it is inappropriate for their special educational provision to be delivered in a nursery, school or college. Your LA can arrange for their provision to be made otherwise, such as at home, and the SEND Tribunal can order this too. This is different to elective home education, as here your LA will be responsible for continuing to secure and fund that provision (unlike the case with elective home education). If your child’s EHC plan has been recently issued, you can appeal its contents to the SEND Tribunal and try to have it changed that way. You can also use your right to mediation to say what changes you would like made to the plan and see if agreement can be reached. If you don’t have a right of appeal or mediation, you can try to have the EHC plan changed at the next annual review, or ask for an early statutory review if that is some time away.
I have been told my child will be excluded unless I decide to home educate them. Is this right? Expand No. Whenever a pupil is made to leave, or forbidden from attending a maintained school or academy, on disciplinary grounds, this must be done in accordance with the law and statutory guidance on exclusions. The statutory guidance is clear that pressurising a parent into elective home education to avoid exclusion is an example of what it calls “off rolling”. This is when an unlawful exclusion is carried out and it leads to the child being removed from the school’s register (because the parent wants to avoid the exclusion, so agrees to elective home education). “A further example of off-rolling would be exercising undue influence over a parent to remove their child from the school under the threat of a permanent exclusion and encouraging them to choose Elective Home Education or to find another school place.” (paragraph 21) If you feel under pressure to home educate your child to avoid an exclusion, or you have already agreed to home educate your child in this situation, you can take action against the school. You may also want to tell Ofsted. It considers any evidence of off-rolling and is likely to judge a school as inadequate if there is evidence that pupils’ names have been removed from the school admission register due to the school encouraging a parent to remove their child, and leaders have taken insufficient action to address this. Tell your local authority too, so it is aware that this is happening in its area. Guidance for local authorities on elective home education confirms that “Schools should not seek to persuade parents to educate their children at home as a way of avoiding an exclusion....” (paragraph 10.5). If your child is now out of education as a result of the school’s unlawful exclusion, you should contact your local authority and request that suitable alternative education is put in place. We have a template letter you can use to help you.
I home educate my child because I felt I had no other choice. I want them to return to school, but with the support they need. What can I do? Expand The decision to home educate a child should always be a genuinely free choice, but we know that many families opt for home education because they feel their child’s special educational needs (SEN) weren’t being met by their school, or because there isn’t a school suitable for their child. If you are home educating your child because you felt their SEN weren’t being met in school, or you had no other choice, you can take action. If your child does not have an EHC plan Go on school visits to see which school you think would suit your child’s SEN and ask to speak with the SENCO. Check what the school’s SEN information report says (you should be able to find this on its website) to see what support it offers children with SEN. A school must not refuse to admit your child with SEN because it does not feel able to cater for those needs. A mainstream school must also do all that it can to put in place the special educational provision your child's SEN requires. If you are concerned that your child’s SEN will not be supported in their new setting, or that your child needs (or might need) more or different support than the school provides, you can request an EHC needs assessment. An EHC needs assessment is an investigation into a child’s education, health and care needs, what provision is required to meet them, and what outcomes are to be expected as a result of that provision. It is the gateway to an EHC plan, a legal document which carries important duties and rights. You can request an EHC needs assessment at any time, including when your child is being home educated. You do not need to wait for them to be in school. You can use our template letter and resources to help you make your request. You can read more about what you can do when looking for a new school for your child on our website. If your child has an EHC plan Tell your local authority (LA) that you no longer want to electively home educate your child and check when the next annual review is. If the next annual review is a while away, ask for an early statutory review. If you want them to go to a particular nursery, school or college, use the annual review process to ask for changes to be made to the EHC plan and for a setting (or different setting) to be named. You have the right to request: a maintained school or nursery school an academy an institution in the further education sector a non-maintained special school, or a section 41 school or college is named in your child’s EHC plan whenever the plan is in draft form (such as following an annual review where your LA made a decision to amend the plan). Once you have found a school or college you like, check online to see if it is one that you have the right to request. You can also ask for an independent setting to be named. The other option you have is to consider whether your child needs to be educated otherwise than in a school, but not as elective home education. Some families feel that no nursery, school or college would be appropriate for their child due to their SEN and the special educational provision they require. This is different to elective home education, which is meant to be a genuine free choice. Section 61 of the Children and Families Act 2014 allows an LA to arrange for some or all special educational provision set out in Section F of the EHC plan to be made otherwise than in an early years, school, or post 16 setting if the LA agrees it would be inappropriate for provision to be made in such a setting. This is sometimes called ‘EOTIS’. If you feel no nursery, school or college would be appropriate for your child and do not want such a placement (or type of one) named in Section I, or that your child needs a part-time EOTIS package alongside some school attendance, please read our information about this, tell your LA, and ask it to amend the EHC plan. If your LA: refuses to name the setting you want in Section I names a setting (or type) in Section I you do not agree with names a setting when you think no setting should be named in Section I, and/or issues an amended EHC plan and you don’t agree with its contents, you can mediate and/or appeal this to the SEND Tribunal.
I have told my local authority that I do not want to home educate my child anymore. What help should my local authority give whilst I look for a school place? Expand If your child is of compulsory school age then they must receive a suitable full-time education. Parents can decide whether their child gets this education by attending school, or otherwise (such as by home education). However, home education must be elective – that is, parents cannot be forced to home educate their child. You have decided that home education is no longer right for your child, but your child is currently without a school place. If any child of compulsory school age is not receiving education because: illness is preventing them from being able to attend school they have been permanently excluded from school, or for any other reason (such as their parent no longer choosing to home educate them), then under section 19 of the Education Act 1996, your local authority (LA) must make sure that suitable, full-time alternative education is put in place for them. This education must be full-time unless a reduced level of education would be in your child’s best interests because of their physical or mental health. It must also be suitable for your child’s age, ability, aptitude, and special educational needs (SEN). You can use our template letter to ask your LA to put this temporary education in place until your child starts back at school. For children with no school place, education must be provided immediately.
Health care provision in Section G of an EHC plan Expand R(A) v North Central London Integrated Care Board [2024] EWHC 2682 (Admin): The responsible commissioning body (usually the local ICB) has an absolute duty to arrange the health care provision set out in Section G of an EHC plan under section 42(3) of the Children and Families Act 2014. It cannot simply ask someone else to put it in place, it must make sure it has in fact been put in place. If it hasn’t been put in place, it must take further reasonable steps to arrange it.
My child has an EOTIS package. What can I do to get help with transport? Expand Some children are eligible for free transport from their local authority (LA) under the Education Act 1996. However, the transport duties in this Act do not apply to children or young people receiving all of the special educational provision in their EHC plan otherwise than in a nursery, school or college. That said, you can still ask your LA for help with transport for the following reasons: 1. Duty to secure special educational provision Remind your LA that it has a duty under section 42(2) of the Children and Families Act 2014 to secure all the special educational provision set out in Section F of your child or young person’s EHC plan. You cannot be required to provide any of that special educational provision unless you have voluntarily agreed to. If your child or young person needs transport to access their special educational provision (such as their therapy sessions, outdoor education group, or tuition centre, for example) ask for transport to be provided as part of the LA’s duty to secure special educational provision. You should mention that without transport being provided your child or young person cannot access the provision, and this means the LA has not secured their provision in breach of its legal duty to. If you receive from your LA a direct payment for you to arrange and commission the delivery of your child’s special educational provision, your LA is deemed to have ‘secured’ the provision in making this payment. So, it is important to make sure the payment is sufficient to also cover the costs of transport if this is needed. 2. LA’s power to do things that help it meet its duties Your LA also has a power to do anything (including spending money) which is “calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions.” This power is set out in section 111(1) of the Local Government Act 1972. This means that your LA has the ability and power to provide transport to make sure it complies with its duty under section 42(2) of the Children and Families Act 2014 to secure the special educational provision in your child or young person’s EHC plan. What to include when you ask for transport When you ask for transport to and from where your child or young person receives the special educational provision in their EHC plan, you should: explain why the LA should agree to your request, by referring to section 42(2) of the Children and Families Act 2014 and section 111(1) of the Local Government Act 1972 as set out above provide your LA with a weekly timetable of your child or young person’s activities, so it can see where your child needs collecting from and to, and when, and say what transport arrangement for your child or young person would be suitable, including in respect of their special educational needs. For example, if in Section F of their plan it says your child needs 1:1 support at all times, then you should explain to your LA that your child will also need this support during their journeys to and from their various providers.
My child has been permanently excluded, and I am going to challenge the decision. I want the exclusion to be deleted from their school record. Is this possible? Expand It is possible, but only in certain situations. If your child has been permanently excluded, the governing body must meet to consider this and will decide whether your child should be reinstated (allowed back to school). If they think the decision to permanently exclude your child was made lawfully, reasonably, and fairly, they will uphold the head teacher’s decision to exclude. Following this, you can ask for an independent review panel (IRP) to review the governing body’s decision not to reinstate your child. If the IRP decides that the governing body’s decision was faulty, it can tell the governing body to reconsider its decision. If the governors decide your child should be reinstated (whether following their meeting or following a direction by an IPR to reconsider), this will not lead to the exclusion being deleted from your child’s record. Instead, the record should be updated with the outcome, and the related paperwork will be attached their educational record. However, there are a few ways in which the exclusion can be deleted from their record. One way is by making a claim for disability discrimination in the SEND Tribunal. If it agrees that the exclusion was discriminatory, the SEND Tribunal can order that the record of the exclusion is removed (known as expunged). You can make this claim if you think your child: is disabled and was unfairly excluded, or isn’t disabled but was discriminated against because the school followed a policy which unfairly disadvantages them in the same way as it disadvantages disabled pupils. Another way this could happen is if you apply for the decision to be judicially reviewed by a court. The judge could use their discretion to make an order that the exclusion is removed from the record. So, if you want the exclusion deleted from your child’s records in either of these situations, you should ask for this when you make your claim/application so that it is considered part of the order that you are seeking. Please be aware that you can bring a claim of disability discrimination to the SEND Tribunal against any type of school, including an independent school. However, you can only ask the courts to judicially review a decision made by a public body. This means you cannot ask a court to judicially review a decision to exclude made by an independent school or non-maintained special school, for example.
My child keeps being put in isolation. The school has not formally excluded them yet but has said my child is at risk of being excluded. What can I do? What should the school be doing? Expand Increasingly, schools are using isolation, a serious sanction, as a behavioural management tool. It is often the step before either an exclusion or an off-site direction, and involves a child being confined to a behavioural unit, or being kept apart from their classmates for disciplinary reasons. What the school should do Your child’s school should only be using isolation when necessary and for serious disciplinary reasons. Time out of the classroom should be limited, and only at the instruction of a member of staff (page 22 of behaviour guidance for schools). It should also only be used once other behavioural strategies in the classroom have been attempted, unless the behaviour is so extreme as to warrant immediate removal (pages 22-23 of the guidance). If your child keeps being placed in isolation, ask the school’s SENCO or their teacher what other strategies have been put in place, and why they did not work. Any sanction in school, including the use of isolation, must be lawful, reasonable, and proportionate and fair. By law, the school must consider whether there are any special considerations relevant to its use (which includes your child’s age, special educational needs (SEN) and any disability). Make clear what special considerations you think apply. All schools must make sure they do not discriminate and put in place reasonable adjustments for disabled children and young people. The school should review the support (or lack of) your child is receiving: The behaviour guidance says schools should consider whether frequently removed pupils may benefit from additional and alternative approaches, a pastoral review or investigation by the SENCO, or whether specific departments or teachers may require more support (page 24). Head teachers and teachers should also consider whether any assessment of underlying factors of disruptive behaviour is needed, and make sure that the Children and Families Act 2014, the Equality Act 2010, and The SEND Regulations 2014 are complied with. The statutory exclusions guidance says: “Where a school has concerns about the behaviour, or risk of suspension and permanent exclusion, of a pupil with SEN, a disability or an EHC plan it should, in partnership with others (including where relevant, the local authority), consider what additional support or alternative placement may be required. This should involve assessing the suitability of provision for a pupil’s SEN or disability.” (paragraph 56). The Code says: “Persistent disruptive or withdrawn behaviours do not necessarily mean that a child or young person has SEN. Where there are concerns, there should be an assessment to determine whether there are any causal factors such as undiagnosed learning difficulties, difficulties with communication or mental health issues.” (paragraph 6.21). What you can do If you think your child has SEN but is currently without any support, ask the school to follow an ‘assess, plan, do and review’ process to identify and support their needs. This is called SEN Support. If your child is already receiving SEN Support, ask for a review of their support plan, to make sure all of their SEN have been identified, and the right provision (and at the right level) is being put in place. You can refer to the above guidance when you make either of these requests. If you think the school can and should be doing more to meet your child’s needs, you can use our template letter to alert them to this. Again, remind the school what the guidance says. You can also ask your local authority (LA) to carry out an EHC needs assessment for your child. Your LA must agree to this if your child has or may have SEN, and they may need support through an EHC plan. You can explain that the school cannot provide the support they need and highlight the number of times they have been put in isolation. You can use our template letter and resources to help you. If your child already has an EHC plan, ask for changes to be made to it at the next annual review. If that is some time away, ask for an early annual review. A child being at risk of exclusion is a good reason to ask for an early annual review. You might also want to take action against the school if you feel these incidents (or one of them) have been unlawful, unreasonable, and disproportionate and unfair. This could include making a claim for disability discrimination to the SEND Tribunal (for example, if you think the school failed to make reasonable adjustments for your disabled child).
When can a school remove a pupil's name from the school's register? Expand A school can only remove a child’s name from its admission register in certain situations. These are set out in regulation 9 of The School Attendance (Pupil Registration) (England) Regulations 2024. This means that a school can only remove the name of a child from its register when one of these situations applies. Here is a summary table describing some situations and whether the name of a child of compulsory school age can be removed from the register: If Then A child’s EHC plan no longer names their current mainstream school, and they have not been registered at another school. This could be because their EHC plan has been amended and now names: only a type of school, or a different school which the child has not been registered at the school cannot remove their name from its register on this basis. However, this may impact the delivery of the special educational provision set out in the EHC plan. This will depend on your individual circumstances. Please take advice if you need support on this. A child has been permanently excluded from their school the school must remove their name from its register on this basis. A parent has written to their child’s mainstream school to explain that their child will be receiving elective home education from a particular day (and there is no school attendance order naming that school) the school must remove their name from its register on this basis. A child attended an independent school but has left and is no longer a pupil of that school the independent school must remove their name from its register on this basis. A child is attending a special school, named in their EHC plan, but the parent wants to electively home educate them the special school cannot remove their name from its register unless the local authority has agreed to it (or the Secretary of State has agreed, if the local authority has refused).
After appealing sections B, F, and I of my child’s EHC plan, my local authority agreed to make all the changes I wanted to sections B and F. Can I continue with my appeal as I am still unhappy about placement? Expand Yes. Please see below to learn more about what will need to happen next, and what options are available to you. Sections B and F As you and your local authority (LA) have reached agreement on these sections (special educational needs and provision), the various changes which have been agreed should be accurately and fully recorded in the working document. Please check that all the changes you wished to see are reflected in that document. If not, go back to your LA with another version of the working document with any missing amendments now included. Once you and the LA are happy the working document is complete with all the agreed changes, make that your final version of the document. Section I You can continue with the remainder of your appeal. For example, if the LA refused to name the particular school you requested for your child, you can still ask the SEND Tribunal to look at the evidence and decide what school is to be named. The SEND Tribunal has confirmed that if section I becomes the only remaining issue during the course of an appeal, the parties can ask for a Judicial Alternative Dispute Resolution (JADR) hearing. JADR involves a SEND Tribunal judge confidentially discussing the appeal with you and the LA, highlighting to both parties the strengths and weaknesses of their arguments, and seeing if agreement can be reached. Please see our further information on what JADR is, and what to expect from a JADR hearing. If the SEND Tribunal thinks there is a possibility of an agreement being reached it is more likely to agree to your request for JADR. The SEND Tribunal is also keen to manage its volume of appeals and has seen that matters are often resolved in these types of hearings. You might want to ask for JADR if, for example, your hearing date is some time away because if agreement is reached you won’t need to go to a full hearing. If you want to make a request for JADR having agreed Sections B and F, you should use the Request for Change form to do this and: explain on the form that the parties have reached agreement on all remaining issues except for Section I attach the final agreed version of the working document as explained above, to show the SEND Tribunal what agreement the parties have reached on Sections B and F, and ask for a JADR hearing in respect of the remaining issue, Section I. The SEND Tribunal is likely to allow your request for JADR if it is happy with the changes the parties have agreed regarding Sections B and F and it sees there is a possibility of an agreement being reached regarding Section I. It is much less likely to agree to your request if it considers Sections B and F should not be specified in the manner agreed between the parties, or if there is a not possibility of an agreement being reached regarding Section I at that time. If a JADR hearing goes ahead and agreement is reached, the judge attending the JADR hearing will draft a consent order which will be sent to both you and the LA. This should provide an order in respect of: Sections B and F as set out in the final working document provided to the SEND Tribunal when the JADR request was made, as long as the SEND Tribunal is happy with the changes agreed between the parties, and the agreement reached on Section I in the JADR hearing. Once this consent order is issued, it is legally binding and the LA will have to meet specific deadlines set out in law. JADR is a voluntary process however, so if you would prefer to wait until your hearing date and not take part in such a process, that’s fine you can. If you are not sure about whether to ask for JADR, or want more advice on JADR you can book an appointment to speak with us.
The Case Directions say that my local authority needs to get my child’s views as part of our appeal. What does my local authority need to do? Expand When a parent makes a SEND Tribunal appeal about their child, the local authority’s (LA) response to the appeal must include the views of the child about the issues raised by the appeal, or the reason the LA has not gathered the child’s views. This is required under procedural rules about how appeals are managed by the SEND Tribunal (rule 21(2)(e)). How LAs need to do this is set out in judicial guidance. The LA must ask someone to help your child express their views who: is trusted by your child and usually with whom they have an existing relationship, such as a teacher or social worker, and understands how your child can best communicate effectively (whether through word, writing, electronic means, sign or drawing, for example). If you are unhappy with how your LA plans to gather your child’s views, or how this has been done, you should raise it with the LA and remind them of what the judicial guidance says.
Obtaining an EHC plan Expand This bite-sized e-learning course explains the process for obtaining an education, health and care (EHC) plan. It introduces the key legal tests and steps involved, providing an introductory overview. Format: Online, self-paced Duration: Around 40 minutes Includes: Short videos, interactive quizzes and online resources Find out more What you’ll learn This course introduces you to the process of obtaining an EHC plan, covering: The legal test for an EHC needs assessment What should happen in an EHC needs assessment Understanding the legal test for issuing an EHC plan Please note: this course relates the law as it applies in England. Different legislation applies in Wales and Scotland. Who is this course for? This course is designed for: Parents and carers of children and young people with SEND Professionals advising families of children and young people with SEND Anyone wanting a clear overview of this area of the law Buy now Want to learn more? This is a bite-sized course. If you’re looking for something more in-depth, or if you complete this and want to build your knowledge further, you may be interested in our in-depth e-learning courses, which cover key areas of SEND law in greater detail. View our other training courses
What an EHC plan should contain Expand This bite-sized e-learning course gives a clear overview of the contents of an education, health and care (EHC) plan. It’s ideal if you require an introduction to EHC plans, or if you’d like a refresher to strengthen your understanding. Format: Online, self-paced Duration: Around 40 minutes Includes: Interactive quizzes and online resources Find out more What you’ll learn This course introduces you to the key information about the contents of an EHC plan, covering: The different sections of an EHC plan and what each must include The importance of specificity, with key case law Draft EHC plans, including making changes to a draft plan and naming a school What to do if you’re not happy with the contents of a final EHC plan Please note: this course relates the law as it applies in England. Different legislation applies in Wales and Scotland. Who is this course for? This course is designed for: Parents and carers of children and young people with SEND Professionals advising families of children and young people with SEND Anyone wanting a clear overview of this area of the law Buy now Want to learn more? This is a bite-sized course. If you’re looking for something more in-depth, or if you complete this and want to build your knowledge further, you may be interested in our in-depth e-learning courses, which cover key areas of SEND law in greater detail. View our other training courses
Addressing non-implementation of special educational provision Expand This bite-sized e-learning course explains what to do if the special educational provision (SEP) in an education, health and care (EHC) plan is not being delivered. It covers the legal duties on local authorities and schools and the steps families can take if provision is not being made. Format: Online, self-paced Duration: Around 40 minutes Includes: Short videos, interactive quizzes and online resources Find out more What you’ll learn By the end of this course, you’ll understand: The local authority’s legal duty to secure the special educational provision set out in Section F of an EHC plan Why EHC plans must be specific and clear What to do if special educational provision is not being made The “best endeavours” duty on schools, colleges and nurseries Please note: this course relates the law as it applies in England. Different legislation applies in Wales and Scotland. Who is this course for? This course is designed for: Parents and carers of children and young people with SEND Professionals advising families of children and young people with SEND Anyone wanting a clear overview of this area of the law Buy now Want to learn more? This is a bite-sized course. If you’re looking for something more in-depth, or if you complete this and want to build your knowledge further, you may be interested in our in-depth e-learning courses, which cover key areas of SEND law in greater detail. View our other training courses
Ceasing to maintain an EHC plan Expand This bite-sized e-learning course explains what happens when a local authority decides to cease to maintain an education, health and care (EHC) plan. It provides clear guidance on the law, the procedures that must be followed, and what families can do if they disagree with the decision. Format: Online, self-paced Duration: Around 40 minutes Includes: Short videos, interactive quizzes and online resources Find out more What you’ll learn This course covers: What the law says about ceasing to maintain an EHC plan The process a local authority must follow when ceasing to maintain an EHC plan How to appeal to the SEND Tribunal if you disagree with a cease to maintain decision What to expect at a SEND Tribunal hearing, and what happens afterwards Please note: this course relates the law as it applies in England. Different legislation applies in Wales and Scotland. Who is this course for? This course is designed for: Parents and carers of children and young people with SEND Professionals advising families of children and young people with SEND Anyone wanting a clear overview of this area of the law Buy now Want to learn more? This is a bite-sized course. If you’re looking for something more in-depth, or if you complete this and want to build your knowledge further, you may be interested in our in-depth e-learning courses, which cover key areas of SEND law in greater detail. View our other training courses
Exclusion from school Expand Pupils with special educational needs (SEN) are more likely to be excluded/suspended than their peers without SEN. This bite-sized e-learning course gives a clear and practical overview of the law and guidance on exclusion from school, explaining the duties of schools and local authorities and the processes that must be followed. Format: Online, self-paced Duration: Around 40 minutes Includes: Short videos, interactive quizzes and online resources Find out more What you’ll learn This course covers: The duties schools and local authorities have in relation to exclusion Directing pupils off-site to improve behaviour What happens after both a fixed period exclusion/suspension, and a permanent exclusion The rules relating to exclusion in independent schools and further education Please note: this course is intended for families in England. Different legislation applies for families in Wales and Scotland. Who is this course for? This course is designed for: Parents and carers of children and young people with SEND Professionals advising families of children and young people with SEND Anyone wanting a clear overview of this area of the law Buy now Want to learn more? This is a bite-sized course. If you’re looking for something more in-depth, or if you complete this and want to build your knowledge further, you may be interested in our in-depth e-learning courses, which cover key areas of SEND law in greater detail. View our other training courses
Understanding home to early years setting, school or college transport Expand Supporting children and young people with special educational needs and disabilities (SEND) to receive the education they are entitled to also means understanding their legal rights to home-to-early years setting, school or college transport. This bite-sized e-learning course gives a clear and practical overview of the law and guidance on transport for children and young people with SEND. Format: Online, self-paced Duration: Around 40 minutes Includes: Short videos, interactive quizzes and online resources Find out more What you’ll learn This course introduces you to the legal entitlements children and young people with SEND have to travel arrangements, covering: The law and statutory guidance that apply Transport for children under compulsory school age Transport for compulsory school-age children, including who qualifies as an “eligible child” and what counts as a “relevant educational establishment” Transport for young people aged 16–25 Applying for travel arrangements and challenging transport decisions What the law says about transport for children and young people receiving education otherwise than in school Please note: this course relates the law as it applies in England. Different legislation applies in Wales and Scotland. Who is this course for? This course is designed for: Parents and carers of children and young people with SEND Professionals advising families of children and young people with SEND Anyone wanting a clear overview of this area of the law Buy now Want to learn more? This is a bite-sized course. If you’re looking for something more in-depth, or if you complete this and want to build your knowledge further, you may be interested in our in depth e-learning courses, which cover key areas of SEND law in greater detail. View our other training courses
My child’s EHC plan annual review is coming up and their school is arranging the meeting. I would like their therapist to provide information to the school before the meeting, and to attend it. Is this possible? Expand Yes, it is possible. Under The SEND Regulations 2014, before an annual review meeting takes place the person organising it must get information from: you the head teacher of the setting an LA SEND officer a health care professional which the responsible commissioning body (usually the ICB) has identified as someone who can provide advice about health care provision about your child, and an officer from the LA’s social care team. These people must also all be invited to attend the annual review meeting (but don’t have a duty to attend). The regulations do not say that a particular person within healthcare who is working with your child must provide information (or be invited). However, if you want a particular healthcare professional such as your child’s therapist to attend, firstly check to see what your child’s EHC plan says and: If: Then: Section F of the plan includes provision that your child’s therapist attends annual review meetings and contributes information beforehand your local authority (LA) must secure this (or be in breach of section 42(2) of the Children and Families Act 2014) Section F of the plan does not include this provision and is silent as to information being obtained before, and attendance at, annual review meetings ask: the school to ask the therapist to provide information and to attend, using its ‘best endeavours’ duty (if this duty applies) (although it cannot make the therapist agree to this), or the health service yourself if the therapist can be the professional it identifies as the person from whom information must be provided and attendance be invited. If you do this, explain why it is important for that person to contribute and be invited (for example, because they have been closely working with your child and know their needs well), and for Section F to be amended as part of this annual review to specify that the therapist will provide information prior to and be invited to annual review meetings, and how much time should be allocated for both providing information and attending meetings.
My child does not have a school place and my local authority has failed to arrange alternative education. I have complained to it about this. Does this mean now I cannot use the judicial review process? Expand Making a complaint may mean that you can no longer use the judicial review process. Judicial review involves a court looking at the decision of a public body and deciding whether it was made in a lawful, fair and reasonable manner. It is used when the matter is urgent and cannot be resolved any other way. Sometimes, following a local authority’s (LA) complaints procedure will not be a realistic and effective way of solving the issue. For example, when an LA is acting unlawfully, the issue is serious and urgent and the complaints process would take too long to resolve it. If you have made a complaint, this process will have started which suggests there is another way of resolving the matter and/or that the matter is not urgent. However, please get legal advice from a solicitor as soon as possible to see whether, in your situation, judicial review may still be available as a remedy. This might be because for example the situation was not urgent before but has become urgent since you made your complaint.
My child has an EHC plan which names a school. However, the school is refusing to admit them. Can schools refuse to admit children with EHC plans? What can I do? Expand You can take action. When a child or young person has an EHC plan which names: a maintained school or nursery school in England an Academy an institution within the further education sector in England a non-maintained special school in England, or a section 41 setting then that setting must admit them. This is set out in section 43 of the Children and Families Act (CFA) 2014. There is no duty here for an independent setting to admit your child or young person. Action you can take - school What action you can take against the school depends on whether the setting is a public body, and whether the matter is urgent and cannot be resolved any other way. It might be that a process called judicial review can be used. This involves a court looking at the decision of a public body and deciding whether it was made in a lawful, fair and reasonable manner. It is used as a last resort, when the matter is urgent and cannot be resolved any other way (such as by making a complaint because the process would take too long for such an urgent and serious matter). However, as a course of action judicial review is not always available. Here we explain what action may be appropriate, depending on the circumstances. Judicial review may be appropriate if: if and then your child or young person has named on their EHC plan: a maintained nursery or school an academy, or an institution in the further education sector the matter is urgent and cannot be resolved otherwise judicial review may be an appropriate course of action. Please see our page on judicial review for more information. your child or young person has named on their EHC plan: a maintained nursery or school an academy, or an institution in the further education sector the matter is not urgent and can be resolved otherwise, such as by making a complaint judicial review may not be an appropriate course of action. Please see our page on complaining to/about a setting for more information. However, judicial review will not be available if: if then your child or young person has named on their EHC plan: a non-maintained special school, or a section 41 setting judicial review will not be available. These settings are not public bodies and their decisions and acts cannot be reviewed in this way. You can however make a complaint about a breach of the section 43 CFA 2014 duty. Please see our page on complaining to/about a setting for more information. your child or young person has named on their EHC plan an independent setting. judicial review will not be available. These settings are not public bodies and their decisions and acts cannot be reviewed in this way. There is no duty to admit your child, so contact your local authority to see what action, if any, it can take against such a setting. You can also express your views to the school about its refusal to admit and ask it to reconsider. Action you can take - local authority Special educational provision If your child has an EHC plan, your local authority (LA) has the absolute duty to secure the special educational provision specified in Section F of their EHC plan. If the school’s actions (refusing to allow your child to attend school) mean your child is without this special educational provision, you should take action by alerting the LA to the matter. You can use our template letter to help you. If that does not resolve things, take legal advice on judicial review if the matter is urgent and cannot be resolved otherwise. Alternative education If your child is of compulsory school age and the school’s actions (refusing to allow your child to attend school) mean your child is without a suitable full-time education, then you should request that your LA puts in place suitable, alternative education. You can use our template letter and information to help you.
I'm appealing because I'd like an independent school named in section I of my child’s EHCP. I'd like to send my child to the school and pay the fees whilst I wait for the appeal. If successful, will the SEND Tribunal order my LA to pay me back? Expand Generally speaking, no. With long waits for SEND Tribunal hearings, it is understandable you may wish to do this, however it is important your decision is made with the knowledge the SEND Tribunal is highly unlikely to order your LA to refund you for this type of cost, even if your appeal is successful. Unlike in other areas of law, the general rule in a SEND Tribunal appeal is "no costs", meaning SEND Tribunal orders are not generally ended with a direction for one party to pay another’s costs. A party can apply for something called a “costs order”, but the circumstances under which the SEND Tribunal can make one are limited - the other party would have to have behaved extremely unreasonably. However, just because one party is successful in a case does not mean it was unreasonable for the other party to defend it - a party is entitled to defend a weak case. Costs orders are therefore the exception rather than the rule and in our experience are rare. Where the SEND Tribunal does see fit to make a costs order, it is able to order costs which are “incidental to” the appeal. We would typically expect this to mean costs which are directly associated with appealing, such as legal fees or the cost of a witness attending the appeal hearing. There is currently no case law to tell us whether costs “incidental to” a SEND Tribunal appeal could include the type of costs you have asked about. However, existing case law does tell us that when deciding whether to order costs, the SEND Tribunal can only consider conduct during the appeal itself and not any conduct which occurred before the appeal was registered. This means the simple fact your LA decided not to name the school in the EHC plan in first place would not warrant it being ordered to pay you back, even if the SEND Tribunal decides this was the wrong decision and orders the school to be named. Could I complain to the LGSCO, to see if it will recommend for me to be reimbursed? No, the Local Government and Social Care Ombudsman (LGSCO) would not be able take on a complaint of this kind. As explained on its website, the LGSCO cannot deal with complaints about issues which can be appealed to the SEND Tribunal, or about issues which have already been appealed.
If my appeal is successful, will the SEND Tribunal order my LA to pay me back for the costs I have incurred? Expand Unlike in other areas of law, the general rule in a SEND Tribunal appeal is "no costs", meaning SEND Tribunal orders are not generally ended with a direction for one party to pay another’s costs. A party can apply for a “costs order” but the circumstances under which it can or will do so are limited - the other party would have to have behaved extremely unreasonably. However, just because one party is successful in a case does not mean it was unreasonable for the other party to defend it - a party is entitled to defend a weak case. Costs orders are therefore the exception rather than the rule and in our experience are rare. If the SEND Tribunal does see fit to make a costs order, it is able to order costs which are “incidental to” the appeal. We would typically expect this to mean costs which are directly associated with appealing, such as legal fees or the cost of a witness attending the appeal hearing. Even if your appeal is successful, the SEND Tribunal is highly unlikely to order your LA to refund you for costs incurred by you choosing to pay for the special educational provision you think should be in your child's EHC plan whilst you wait for an appeal about the content of the EHC plan to be heard, or pay an independent school’s fees so your child can attend whilst you wait for the SEND Tribunal to decide whether that school should be named in their EHC plan. Could I complain to the LGSCO, to see if it will recommend for me to be reimbursed? No, the Local Government and Social Care Ombudsman (LGSCO) would not be able take on a complaint of this kind. As explained on its website, the LGSCO cannot deal with complaints about issues which can be appealed to the SEND Tribunal, or about issues which have already been appealed.
I'm appealing because section F of my child’s EHC plan should contain provision for speech and language therapy. I want to pay privately whilst I wait for my appeal to be heard. If successful, will the SEND Tribunal order my LA to pay me back? Expand Generally speaking, no. With long waits for SEND Tribunal hearings, it is understandable you may wish to do this, however it is important your decision is made with the knowledge the SEND Tribunal is highly unlikely to order your local authority (LA) to refund you for this type of cost, even if your appeal is successful. Unlike in other areas of law, the general rule in a SEND Tribunal appeal is "no costs", meaning SEND Tribunal orders are not usually ended with a direction for one party to pay another’s costs. A party can apply for something called a “costs order”, but the circumstances under which the SEND Tribunal can make one are limited - the other party would have to have behaved extremely unreasonably. However, just because one party is successful in a case does not mean it was unreasonable for the other party to defend it - a party is entitled to defend a weak case. Costs orders are therefore the exception rather than the rule and in our experience are rare. Where the SEND Tribunal sees fit to make a costs order, it is able to order costs which are “incidental to” the appeal. We would typically expect this to mean costs which are directly associated with appealing, such as legal fees or the cost of a witness attending the appeal hearing. There is currently no case law to tell us whether costs “incidental to” a SEND Tribunal appeal could include the type of costs you have asked about. However, existing case law does tell us that when deciding whether to order costs, the SEND Tribunal can only consider conduct during the appeal itself and not any conduct which occurred before the appeal was registered. This means the simple fact your LA decided not to include the provision in the EHC plan in first place would not warrant it being ordered to pay you back, even if the SEND Tribunal decides this was the wrong decision and orders the provision to be included. Could I complain to the LGSCO, to see if it will recommend for me to be reimbursed? No, the Local Government and Social Care Ombudsman (LGSCO) would not be able take on a complaint of this kind. As explained on its website, the LGSCO cannot deal with complaints about issues which can be appealed to the SEND Tribunal, or about issues which have already been appealed.
My LA is carrying out an EHC needs assessment for my child in year 6. I’ve heard that EHC plans for year 6 must be reviewed and amended by 15 February. Will the LA review and amend it straight away? What if it isn’t issued until after 15 February? Expand Local authorities (LAs) have a legal duty to review and amend an education, health and care (EHC) plan before a child or young person transfers from one phase of education to another, following a legal process. For a transfer from primary to secondary school, the annual review must be completed and, where necessary, EHC plan updated, by 15 February in the year of transfer. For those transferring from secondary school to a post-16 institution, the EHC plan must be reviewed and amended by 31 March in the year of transfer. These are long stop deadlines, and the duty to review (and where necessary amend) EHC plans, are set out in Regulation 18 of The Special Educational Needs and Disability Regulations 2014 They are strict legal deadlines and do not contain any exceptions. However, the situation can be tricky if the first EHC plan is due to be (or has been issued) close to these deadlines. Here we explain what the LA must do, and what you should do when you receive the draft EHC plan: If Then an LA issues a first EHC plan in a child's last year before a phase transfer well before the February 15/ March 31deadline, and it has only named a setting (or type) for the remainder of the current academic year regulation 18 will apply. The LA will be required to review (and if necessary amend) the newly issued EHC plan by the relevant legal deadline to name the setting, or type of setting, the child or young person will attend from the following September. You can take action if your LA has missed, or is likely to miss, the deadline. If Then an LA is due to issue a first EHC plan in a child's last year before a phase transfer too close to the February 15/March 31 deadline to be able to lawfully review and amend the plan by the deadline Parents and young people should make requests for a particular setting for both the current and next academic year when they receive the draft EHC plan. The LA must name the: current setting, or the setting (or type) it is intended they attend until the end of the academic year, and the name, or type, of setting the child or young person will attend from the following September when it issues the final EHC plan. If it does not name the setting (or type) for the next academic year in the new education phase, you can appeal (and mediate) this. You should ask the SEND Tribunal to prioritise this appeal as an appeal involving Section I for a child or young person due to move to a new phase of education. If Then an LA is due to issue a first EHC plan in a child's last year before a phase transfer after the February 15/ March 31 deadline regulation 18 won't apply as the deadlines referred to in that regulation will have passed by the time the plan is issued. When making their placement requests, parents and young people in this situation should ask their LA to name: the current setting, or the setting (or type) they want the child or young person to attend until the end of the academic year), and the setting they want the child or young person to attend from September in the issued EHC plan. If it does not name the setting (or type) for the next academic year in the new education phase, you can appeal (and mediate) this. You should ask the SEND Tribunal to prioritise this appeal as an appeal involving Section I for a child or young person due to move to a new phase of education.
Should a school provide SEN Support or make an EHC needs assessment request as part of its ‘best endeavours’ duty even if a parent disagrees with the school? Expand 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.
Should families continue with appeals now that the Schools White Paper 'Every child achieving and thriving' has been published? Expand Unless and until new law is made and in force, families should continue to exercise their legal rights. And, more importantly, no body with duties under the current legal framework (for example, the Children and Families Act 2014, the Education Act 1996 and the Equality Act 2010) should stop complying with those duties. All of IPSEA’s pages are up to date and reflect the current law. If you need support, please contact us.
Delays in EHC needs assessments Expand W, R (On the Application Of) v Hertfordshire County Council [2023] EWHC 3138 (Admin): The LA had 20 weeks from the date of receiving the original request to carry out an EHC needs assessment to issue the final EHC plan, and was late in doing so. The High Court emphasised the strict obligations in The SEND Regulations 2014, seeing these as hard edged legal duties which will be breached every time an EHC plan is issued late unless exceptions in the Regulations apply. JSC (A Child, By Her Litigation Friend, JKC), R (On the Application Of) v Cambridgeshire County Council [2026] EWHC 68 (Admin): This case confirms that the legal deadlines set out in The SEND Regulations 2014 for the completion of EHC needs assessments are mandatory. Unless limited exceptions apply, local authorities will be acting unlawfully if they fail to meet them and staff shortages are not a lawful reason.
Will the SEND Tribunal still apply the current law to appeals registered now? Expand Unless and until any new legislation comes into force, the current legal framework applies and will be applied by the SEND Tribunal. You can find out more on our appealing to the SEND Tribunal pages.
When might the law change now the Schools White Paper, 'Every child achieving and thriving', has been published? Expand Every new law is subject to scrutiny before coming into force, following a process. At the start of the process, the government will publish a ‘bill’. A bill is a proposed law which is introduced into Parliament. No legal change will take effect until the bill has been debated (which includes considering amendments), approved by each House of Parliament (the Commons and the Lords), and has received Royal Assent. Only then does a bill become law, known as an ‘act’. Even once passed into law, not all acts take immediate effect. Sometimes they do not commence until a later period. We may not see some elements of legislative change until 2030 if recent speculative comments are correct. You can find out more about the legislative process online.
My local authority has said it is keen to adopt SEND reforms early. Can it do this? Expand Your local authority (LA) must continue to act lawfully. All bodies with duties under the Children and Families Act 2014 and The SEND Regulations 2014, Education Act 1996 and Equality Act 2010 for example must make sure their decisions and processes are in line with the legal frameworks. They must not jump the gun and act unlawfully when adopting new processes or policies.
Have any legal tests or thresholds changed following the Schools White Paper? Expand No. The Schools White Paper sets out a series of proposals the Government is considering. It does not change the law. Your local authority (LA), and the SEND Tribunal, must continue to apply the law found in the Children and Families Act 2014, The SEND Regulations 2014, the Education Act 1996 where it applies, and the Equality Act 2010 where relevant. It must also continue to apply case law and have regard to the Code. On appeal, you should continue to show with evidence why the legal test for an EHC needs assessment or for an EHC plan has been met, for example, or why the legal test has not been met in a cease to maintain appeal, for example. You can find more information on appeals on our website.
Can the SEND Tribunal still order a setting to be named in an EHC plan? Expand Yes. The SEND Tribunal on appeal has the power to order a local authority (LA) to name a setting, or type of setting, in an EHC plan. It can also agree that a child or young person should receive their education otherwise than in a nursery, school or college (sometimes called EOTIS, or EOTIC) if it would be inappropriate for their special educational provision to be made in such a setting. You can learn more about how to ask for a particular setting or EOTIS on our website. The Government has proposed in the Schools White Paper that the SEND Tribunal have the power to order an LA to name a school removed. However, that is a proposal, not law, and until the law is changed (if it is) then the SEND Tribunal continues to have this power. You can continue to ask for a particular setting to be named in any appeal involving Section I (placement), and we have information to help you.
Is my local authority’s duty to put in place suitable, alternative education changed by the Schools White Paper? Expand No. Your local authority (LA) still has a legal duty to secure suitable, full-time alternative education for any child of compulsory school age who is not receiving education because: illness is preventing them from being able to attend school they have been permanently excluded from school, or of any other reason, under section 19 of the Education Act 1996. You can find more information on temporary education and a template letter you can use to request it on our website.
I have a privately instructed Occupational Therapy (‘OT’) report which I would like to submit as evidence in an appeal to the SEND Tribunal, but it does not comply with the new rules on evidence. I have not yet submitted my appeal, what should I do? Expand In this situation you can explain clearly in the ‘Reasons for appeal’ section of the SEND 35 appeal form why the OT report is relevant to your appeal, for example because it supports the changes you are requesting to Sections B and F of the EHC plan, and that (if applicable) you are unable to obtain any other OT report at this stage. Once your appeal has been registered, you can then use the SEND 7 ‘Request for Change’ form process explained here to request permission from the SEND Tribunal to admit the OT report in full, and if this is not acceptable, to admit those pages of the OT report which support the changes you are requesting to Sections B and F of the EHC plan.
My child is in Year 9 with an EHC plan. How can I make sure that their EHC plan reflects what they want to do as they get older and who can provide advice on this? Expand You can do this during the annual review process. The SEND Code of Practice, 2015 (paragraph 8.9 to 8.12) makes it clear that in annual reviews from Year 9 onwards, LAs must include a focus on preparing for adulthood. The planning must be based on the individual’s "aspirations and abilities, what they want to be able to do when they leave post-16 education or training and the support they need to achieve their ambition". In terms of who can provide advice and information, this can be any professional who is involved with the child or young person and familiar with their needs and can include the educational setting the child or young person attends as well as social care and health care professionals. It is also a good idea to check your LA’s ‘SEND Local Offer’ for details of any teams you can contact for advice and support with preparation for adulthood and independent living and ask them to contribute to the annual review process. Please see our Annual reviews in Year 9 and beyond page for more information.
I've received my child’s draft EHC plan. Section F (where I expected to see the special educational provision) is vague. My LA says it's fine, as the school will detail the provision in a separate document following the White Paper. Is that right? Expand No. Local authorities (LAs) must follow the law. The Schools White Paper contains proposals which are open to consultation. It does not change the law. EHC plans must specify a range of things, including special educational provision. This is set out in section 37(2) Children and Families Act 2014, regulation 12 of The SEND Regulations 2014 and case law. The law says that provision cannot be left to the school to decide. Please see our What should be in the sections relating to education (Sections B and F) page for more information. You can learn more about an LA’s duty to specify special educational provision on our website. If you are unhappy with how your child’s special educational provision has been specified in the final EHC plan, you can take action.
My local authority says it wants to press ahead with the proposals set out in the Schools White Paper. It has sent to me a list of schools to choose from. Do I have to pick one of these schools? Expand No. The law has not changed. The plans set out in the Schools White Paper are simply proposals. They are not law. Your local authority (LA) must continue to apply the law, including in respect of placement for children and young people with EHC plans. You can read about your rights to request a particular school or other setting to be named in an EHC plan on our website.
My child has an EHC plan. As a family we are going abroad for a while for my work. We are planning on coming back to our area. What will happen to their EHC plan whilst we are abroad? Expand Before we answer the question, let’s look at the law that applies when a child has special education needs and an EHC plan is in place for them. When is an LA responsible for a child with special educational needs? A local authority (LA) is responsible for children and young people who: have been identified by the LA or brought to its attention have or may have special educational needs, and are in its area. This is set out in section 24 of the Children and Families Act (CFA) 2014. When can an LA decide to cease to maintain an EHC plan? When there is an EHC plan in place, an LA cannot decide to cease to maintain (stop) it unless one of two grounds applies. These are that either 1) the LA is no longer responsible for the child or young person, or 2) the LA decides it is no longer necessary for the plan to be maintained (section 45 CFA 2014). Even if one of those grounds does apply, the LA does not have to cease to maintain the plan and can decide to continue maintaining the plan. The LA may decide to cease to maintain the plan but does not have to. Can a child be ‘in the LA’s area’ even if they temporarily leave it? Yes. If your child is due to temporarily leave the area, your child will not be physically in the LA’s area. However, your child may still be what’s called ‘ordinarily resident’ in the LA’s area. If so, the LA remains responsible for your child, and this means it cannot decide to cease to maintain the EHC plan. Recent case law has made clear that if a child or young person with an EHC plan goes abroad or to a different part of England, even for lengthy periods of months or years, they can be considered ‘ordinarily resident’ in the LA’s area. This will depend on the facts in each situation. If you are keeping your house in the area whilst you are away, the job abroad is for a fixed termed contract, you will return to the LA’s area for schooling, this all suggests that your child may be ‘ordinarily resident’ in the area. What can the LA do whilst you are out of the country? Your LA must maintain your child’s EHC plan if your child is ‘ordinarily resident’ in the LA area. While you are away and making suitable alternative arrangements for your child’s education, the LA can decide to “pause” or “freeze” your child’s EHC plan until you return. For this reason, before you travel it’s a good idea to let your LA know: when you are moving away why your child remains ‘ordinarily resident’ – point out all the facts showing you intend to return to the LA’s area, and if you can, when you intend to return to its area. If you need more support, please contact us for advice.
I'm appealing to the SEND Tribunal. Before making its decision, the LA didn't contact me or ask for my views. Is there a legal process the LA must follow before making decisions? What can the SEND Tribunal do if the process was not followed? Expand Before making certain decisions, a local authority (LA) must follow required legal processes, such as consulting with a parent or young person. These decisions are: a decision not to secure an EHC needs assessment, or a needs re-assessment for a child or young person a decision not to issue an EHC plan where an EHC plan is maintained for a child or young person, decisions about: the special educational needs as specified in the plan the special educational provision specified in the plan, or the school or other institution (or type) named in the plan a decision not to amend or replace an EHC plan it maintains for a child or young person following a review or re-assessment, or a decision to cease to maintain (stop) an EHC plan. Recent case law confirms that if an LA makes one of these decisions without following the correct legal process, the SEND Tribunal can decide that the LA’s decision is invalid and set it aside. This will depend on the seriousness and significance of the LA’s procedural faults. When you make your appeal, you should: explain why the relevant legal test has (or has not, if relevant) been met, and detail any procedural faults in the LA’s decision-making process, and what impact that had on your appeal form so that the SEND Tribunal is made aware and include any evidence you have. If you have already submitted your appeal, you can do this when you submit further evidence. If you need more support, please contact us for advice.
My child has been removed from class numerous times when he's experiencing emotional dysregulation and he is sent to a room where staff stand outside so he can't leave until he is calmer. They're calling this isolation. Is this right? Expand A: No. In this situation, the school should be classifying this removal as seclusion (a safety measure), and not isolation (a punishment or penalty). Schools have a range of tools available to them to support pupils and maintain discipline or safety. All of these tools need to be used in compliance with legal duties, including the Equality Act 2010. Some of these tools are sanctions (punishments), which are used in response to breaches of school behaviour policies for example. This can include isolation, suspension and permanent exclusion. Others are safety measures, such as seclusion. Guidance for schools on the use of isolation explains that isolation (which it calls removal) may be used as a response to serious misbehaviour (page 23). It is where a pupil, for serious disciplinary reasons, is required to spend a limited time out of the classroom at the instruction of a member of staff. Seclusion is different. It is a safety measure where a pupil is separated from others (except from staff) and either their exit is obstructed/prevented or they believe they will be punished if they leave the place. It is used when they are experiencing high levels of emotional or behavioural dysregulation, and acting without intent. The guidance on isolation says staff should ensure that pupils are never locked in the room of their removal. There may be exceptional situations in which it is necessary to physically prevent a pupil from leaving a room in order to protect the safety of pupils and staff from immediate risk, but “this would be a safety measure and not a disciplinary sanction” (page 24 of the guidance on the use of isolation). Guidance on the use of safety measures, called Restrictive interventions, including use of reasonable force, in schools (effective from 1 April 2026), recognises that that when a pupil is experiencing high levels of emotional or behavioural dysregulation: they may be confined to a place away from others and prevented from leaving this approach should only be used as a safety measure to protect others from harm, and the pupil is not acting with intent. Seclusion, as defined in the guidance, is not a disciplinary response to deliberate or wilful misbehaviour (page 8 of the restrictive interventions guidance). Here is a quick summary of the difference between isolation and seclusion: Isolation Seclusion Staff instructs a pupil to spend a limited time out of the classroom. Pupil is separated from others (except from staff) and either they cannot leave the place or they believe they will be punished if they leave. Used in response to deliberate or wilful behaviour. Used when a pupil is experiencing high levels of emotional or behavioural dysregulation and others need to be kept safe. The focus is to enable the pupil to continue with their learning. The focus is to enable the pupil to regulate their emotions. The behaviour policy should explain the principles the school uses to decide the length of time isolation may last for. As soon as the immediate risk of harm has reduced, the pupil should be allowed to leave. The school should inform parents on the same day if isolation is used. The school must follow the recording and reporting rules if seclusion is used. Repeated use of isolation may mean the pupil is at risk of more serious sanctions, such as suspension or permanent exclusion. Repeated use of seclusion should not place a pupil at risk of disciplinary sanctions. We have more information on isolation and seclusion on our website, and you can get in contact if you need more support.
My child is experiencing challenges keeping themselves emotionally regulated at school. The school is sending them home to calm down, which at first I agreed it could do. However, is this lawful? What can I do? Expand ‘Informal’ or ‘unofficial’ exclusions, such as sending a pupil home to cool off, are unlawful even if you agree to it. The statutory guidance on exclusions says an “informal or unofficial exclusion, such as sending a pupil home ‘to cool off’, is unlawful when it does not follow the formal school exclusion process and regardless of whether it occurs with the agreement of parents.” (paragraph 20). We also have information on our website about informal exclusions. You can take action to remind the school what the statutory guidance says about unlawful exclusions. Your child might be experiencing these challenges because they have special educational needs which are not being met, and if so there are further steps you can take. Rather than send your child home to calm down, the school should be doing all that it can to secure the provision your child requires to meet their special educational needs. This is called the ‘best endeavours’ duty and we have more information on this on our website. You could use our template letter to remind the school of its duties. If your child does not have an EHC plan you could also consider requesting an EHC needs assessment, so your child’s needs and the provision required to meet them are properly understood. You can use our template letter to make that request too. If your child already has an EHC plan and is experiencing these challenges, it might be that the plan needs changing. You can appeal the contents of it if recently issued, or ask for changes at the next annual review (or ask for an early review if that is some time away).