Helping children and young people get educational provision and support that meets their needs means understanding SEND law and influencing SEND policy. 

Laws are the rules that govern how society works, by setting out clearly what individuals and organisations (such as local authorities or schools) must do. Laws apply to all citizens, can be enforced, and are applied by the courts and tribunals (including the SEND Tribunal) to make sure there is access to justice for anyone who needs it. 

The laws on support for children and young people with SEND define the rights and entitlements that children and young people and their parents/carers have. Understanding what the law says is the first step to getting the special educational provision and support a child or young person needs.  

Law vs policy...what's the difference?

It’s also important to understand the difference between law and policy: these things are not the same. 

A law is a set of rules, made by Parliament, that must be followed. For example, the Children and Families Act 2014 is a law. 

A policy is a statement of what an organisation (including the Government, opposition parties and individual local authorities) wants to achieve and how they intend to achieve it. For example, the Government’s SEND and Alternative Provision Improvement Plan is a policy. 

A policy may be enforced by a particular piece of legislation, but policy can never replace the law. 

A policy may also be a set of rules that an organisation has decided to use. A local authority can introduce a local policy that explains how they will carry out their legal obligations (such as a local SEND policy) – but it can’t introduce a policy that contradicts or overrides the law.

Stay in touch with us to find out about our policy work and how you can play a part in what we do. We’ll share updates via email on how we're addressing key issues in SEND law, as well as how you can help us to drive forward positive change in the SEND system.  Sign up here