September is a genuine opportunity. It's the start of a fresh academic year, and it's a natural moment to check that your child is getting everything they're entitled to. Here's what to keep an eye on, and what your rights are if things aren't going to plan.
Support should be in place from day one
If your child has an Education, Health and Care (EHC) plan, this is the most important thing to know: everything set out in Section F (the special educational provision) must be delivered from the very first day of term. Not "once we've recruited a teaching assistant," not "in a few weeks when we're settled," not "if the budget allows." From day one. The local authority has an absolute legal duty to secure the provision in Section F. It's a strong duty, and it doesn't disappear because a school is short-staffed or still getting organised. The school delivers a lot of this provision day to day, but the ultimate responsibility sits with the local authority. So if something isn't happening, they need to know, and they need to fix it. In these first few weeks, it's worth quietly checking: is each piece of support in Section F actually happening?
If the support isn't happening
If you spot gaps, don't panic, and don't assume it's just teething trouble that will sort itself out. Do this instead:
a) Keep a simple diary - Note what should be happening and what actually is, day by day. A few lines in a notebook or a note on your phone is enough. This record is powerful if you need to escalate later.
b) Raise it in writing - Start with the school's SENCO but put your concerns in an email so there's a clear trail. If it isn't resolved quickly, contact the local authority directly because it's their duty to secure the provision, they can't simply point back at the school.
c) Be specific - "My son isn't getting his support" is easy to deflect. "Section F says 15 hours of adult support per week and my son has had none since term began on X date" is much harder to ignore.
A missing morning here or there is one thing, but an ongoing failure to deliver the provision in an EHC plan is a serious matter…it means the local authority isn't complying with the law. If it drags on, there are formal routes to put it right, and that's exactly the kind of thing an advocate can help you with.
When your child can't get into school at all
Sometimes September brings a harder situation: no school place, a placement that's broken down, or a child who simply can't attend right now. If your child is of compulsory school age and isn't receiving a suitable education, the local authority has a separate duty to arrange suitable alternative education. This applies whether the reason is illness, a gap between placements, or something else. Your child should not be left with nothing while things are sorted out.
Is this a "phase transfer" year? Diarise it now
Here's one that catches many families out. If your child is due to move between phases of education next September…for example, from primary to secondary, or from school to a post-16 college…then the law requires their EHC plan to be reviewed and amended in good time, with firm deadlines:
15 February** for most transfers (including primary to secondary)
31 March** for a move from secondary school to a post-16 institution
To hit those deadlines, the annual review meeting usually has to be held early in the autumn term…this term, in other words. That's what gives everyone time to name the right setting and, if you disagree with the choice, to appeal in time for the next school year. If your child is in a transfer year and no review has been arranged yet, it's worth chasing the local authority now rather than waiting.
A few habits worth building this term
Put important things in writing. Friendly conversations at the school gate are lovely, but emails create a record.
a) Keep everything in one place - A folder (paper or digital) for your child's plan, reports, and correspondence saves enormous stress later.
b) Build the relationship - Most SENCOs and teachers genuinely want your child to thrive. Going in as partners, with your paperwork in order, tends to get the best results.
You don't have to do this alone
September can feel like a lot but you have real rights on your side, and you're allowed to insist on them. If you're not sure whether your child is getting what they're entitled to, or you've hit a wall with your local authority, that's exactly what I'm here for.
Get in touch at contact@thesenadvocate.com and let's make sure this is the year your child gets the support they deserve.