When you're navigating the SEND system, it can feel like everyone else knows something you don't. The truth is they often do. Local authorities, schools, and NHS services don't always volunteer information that could help your child get the support they need.
This guide brings together some of the most useful, least-publicised rights and tips I share with families I support. Keep it, share it, and use it.
Rights & Assessments
• Parents can request an EHC needs assessment directly from the local authority - they do not need the school's permission or support to do this.
• If the LA refuses, they must give written reasons and parents have the right to appeal to the SEND Tribunal (SENDIST).
• You can ask for an emergency annual review at any time if circumstances change significantly - you do not have to wait for the scheduled one.
EHC Plans
• Section F of an EHC plan (the provision) must be specific and quantified. Vague wording like 'regular speech therapy' is not legally compliant and can be challenged.
• If the LA proposes to amend a plan, parents have 15 days to respond with their views before any changes are finalised.
• Named school preference: parents can name any school, including independent specialist schools, and the LA must consult that school before refusing.
Money & Funding
• Personal budgets can be requested for the provision in an EHC plan, including a direct payment that parents can manage themselves.
• Schools receive notional SEND funding (up to £6,000) from their general budget before the LA is obliged to contribute more. Parents can ask the school how this money is being spent on their child.
Health & Social Care
• SEND children are entitled to a social care assessment under the Children Act 1989. Many families never know to ask for one.
• Disabled children's services and short breaks (respite) funding exists in every LA but it is rarely advertised. Ask your local authority directly.
Practical & Process Tips
• Put everything in writing. Emails create a paper trail that phone calls do not...this matters if things go to appeal.
• Subject Access Requests (SARs) can be made to schools and LAs to see all records held about your child. They are free of charge and must be fulfilled within one month.
• If a school is not delivering what is written in Section F of the EHC plan, this is a legal breach. It can be reported to the LA and ultimately to the Local Government and Social Care Ombudsman.
Transitions
• EHC plans can continue up to age 25 if the young person is in education or training, they do not automatically end at 16 or 18.
• Planning for transition to adulthood should begin from age 13/14. Many families are only told about this much later, leaving them underprepared.
A Final Word
The SEND system can be complex and overwhelming but knowledge is power. You have more rights than you may have been led to believe, and you do not have to navigate this alone.
If you need support understanding your child's rights or challenging a decision, reach out to us at The SEN Advocate