SEN and disability law
When we talk about SEN and disability law, we are referring to the law in England which protects the rights of children and young people with SEN and disabilities to access the best possible educational and other outcomes. This is not just about children and young people with statements or EHC Plans - it is about all children and young people with SEN and disabilities.
SEN and disability law is contained in various places. Often the best place to start is with the SEND Code of Practice. This contains law as well as guidance on how and when a child or young person will need additional support.
If you want to look at the law in more depth, you can read our SEN and disability law FAQs and/or follow the links below:
For the new law implemented on 1st September 2014:
- The Children and Families Act 2014 – Part 3;
- The Special Educational Needs and Disability Regulations 2014 (amended twice in September 2014 and March 2015) - the main set of Regulations underpinning the Act);
- The Special Educational Needs (Personal Budgets) Regulations 2014 - special set of Regulations dealing with personal budgets and direct payments;
- The Children and Families Act 2014 (Transitional and Savings Provisions) (No.2) Order 2014 (amended with effect from 1st September 2015) – special set of Regulations dealing with transition from statements and learning difficulty assessments to EHC plans.
For the law which still applies to children with statements of SEN:
- The Education Act 1996 – Part IV
- The Education Act 1996 - Schedule 27
- Education (Special Educational Needs) (England) (Consolidation) Regulations) 2001
- SEN Code of Practice 2001
For the law relating to Disability Discrimination:
For the law relating to Exclusion from schools:
- Education Act 2011
- Education (Provision of Full time Education for Excluded Pupils (England) Regulations 2012
- Exclusion from maintained schools, Academies and pupil referral units in England
SEN and disability law has also developed through case law. Follow this link to read some landmark cases in SEN and disability law which still remain important today.