In some cases, the law has been updated since it came into effect. The links below are generally to the legislation 'home page' which should include updates. A green bar at the top of these pages, and on pages for specific provisions, confirms that they are up to date. If a red bar appears it will explain upcoming changes. You can also check whether the law you need has been updated on the government site which shows changes.

For all children and young people with special educational needs and disabilities, including those with EHC plans:

The law is contained in the following places:

• The Children and Families Act (“CAFA”) 2014 is statute law. It is legally binding which means that the LA and schools must comply with it or else they are acting unlawfully. Part 3 of the CAFA 2014 contains all the relevant sections about children and young people with SEN and disabilities. Section 100 of the CAFA 2014 contains schools’ duty to support pupils with medical conditions.
• The Special Educational Needs and Disability Regulations 2014 are the main set of Regulations underpinning the CAFA 2014. They are also legally binding.
• The Special Educational Needs (Personal Budgets) Regulations 2014. This is a special set of Regulations dealing with personal budgets and direct payments. See our page on personal budgets and direct payments for more information.
• The Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017 This sets out the SEND Tribunal’s powers to make recommendations about health and social care. See our page on extended appeals for more information.

Check here to see what changes have been made to the above Act and Regulations since they came into force.

The law is set out and expanded upon in SEN and Disability Code of Practice (the “Code”). This Code provides much more detail on the legal framework relating to special educational needs and disabilities. Wherever in the Code it says an LA, school or college must do something, then it is referring to compulsory obligations which are set out in the CAFA 2014 or the Special Educational Needs and Disability Regulations 2014. Wherever the Code says an LA or other entity should do something, this is statutory guidance. The Code is not law. If there is any difference in what the law (CAFA 2014 and regulations) and the Code says, the law takes precedence.

Disability discrimination

Exclusion from schools

Children out of school

Transport

Social care

Mental Capacity

Education records