UK SEND law gives parents, children, and young people specific legal rights. The Children and Families Act 2014 and SEND Code of Practice 2015 establish the framework for EHC Plans, school duties, local authority obligations, and tribunal rights. This page is a reference guide — not legal advice.
UK SEND Law & Regulations
Understanding your rights is the first step to getting the support your child needs. This page covers the key legislation, your statutory rights, important timelines, and how to challenge decisions.
Your Key SEND Rights
Right to Assessment
Any parent can request an EHC needs assessment. The LA must respond within 6 weeks.
Right to Be Involved
Parents and young people must be involved in all decisions about SEND support.
Right to Choose School
Parents can express a preference for which school their child attends.
Right to Appeal
Decisions can be appealed to the SEND Tribunal within 2 months.
Right to Mediation
Free mediation is available before tribunal proceedings.
Right to Personal Budget
Parents can request a personal budget for some provisions in the EHCP.
Right to Annual Review
EHCPs must be reviewed at least annually. Parents can request a review at any time.
Right to Transition Planning
Preparation for adulthood must begin from Year 9 (age 13-14).
Statutory Timelines
Key Legislation
Children and Families Act 2014
PrimaryThe primary legislation governing SEND in England. Part 3 establishes the framework for EHC needs assessments, plans, and the duties of local authorities, schools, and health bodies.
Read full legislation →SEND Code of Practice 2015
PrimaryStatutory guidance for organisations that work with and support children and young people with SEND. Covers age 0-25.
Read full legislation →Equality Act 2010
PrimaryProhibits discrimination against people with disabilities. Requires schools to make reasonable adjustments and provide auxiliary aids.
Read full legislation →SEND Regulations 2014 (SI 2014/1530)
RegulationsThe detailed regulations that support the Children and Families Act 2014, including assessment timelines, plan content requirements, and review procedures.
Read full legislation →Mental Capacity Act 2005
RelatedRelevant for young people aged 16+ with SEND who may lack capacity to make decisions about their education and care.
Read full legislation →Care Act 2014
RelatedEstablishes the framework for adult social care. Relevant for young people with SEND transitioning to adult services at age 18-25.
Read full legislation →Chronically Sick and Disabled Persons Act 1970
RelatedSection 2 requires local authorities to provide services for disabled children and adults. Referenced in EHCP Section H1.
Read full legislation →Data Protection Act 2018 (UK GDPR)
DataGoverns the processing of personal data including special category data (health, SEN information). Trisende is fully compliant with a maintained DPIA.
Read full legislation →Frequently Asked Questions
What law governs EHCPs in the UK?
Education Health and Care Plans are governed by the Children and Families Act 2014 (Part 3) and the SEND Code of Practice 2015. Local authorities have a legal duty to assess and provide for children with special educational needs under this framework.
What are a parent's rights under SEND law?
Parents have the right to: request an EHC needs assessment, be involved in the assessment process, express a preference for school placement, appeal to the SEND Tribunal if they disagree with a decision, and request mediation before tribunal.
What is the statutory timeline for an EHCP?
Local authorities must complete the entire EHC needs assessment and issue a plan within 20 weeks. This includes 6 weeks to decide whether to assess, 10 weeks for assessment, and 4 weeks to issue the draft plan.
What are the 2026 SEND reforms?
The UK government is reforming the SEND system, transitioning EHCPs to Individual Support Plans (ISPs). The reforms aim to improve consistency, reduce bureaucracy, and ensure children receive the right support earlier. Trisende helps prepare for this transition now.
Can I appeal an EHCP decision?
Yes. You can appeal to the First-tier Tribunal (Special Educational Needs and Disability) if the local authority refuses to assess, refuses to issue an EHCP, or you disagree with the content of the plan. You must consider mediation first (except for placement disputes).
What duties do schools have under SEND law?
Schools must: identify children with SEND, provide SEN Support as a first step, appoint a SENCO, involve parents in decisions, make reasonable adjustments (Equality Act 2010), and deliver provisions specified in an EHCP/ISP.
How Trisende Helps You Exercise Your Rights
• EHCP to ISP Conversion — AI converts your EHCP to the 2026 ISP format, identifying gaps and weak provisions
• Statutory Deadline Tracking — automated monitoring ensures the LA meets its legal timelines
• Evidence Timeline — tribunal-ready chronological evidence with export to PDF
• Document Library — secure storage of all SEND documents with version history
• Care Network — multi-guardian accountability ensuring all responsible adults are informed
This page is for informational purposes only and does not constitute legal advice. For specific legal questions about your child's SEND rights, contact IPSEA, SOS!SEN, or your local SENDIASS service. For platform enquiries: support@sencare.tech.