Every state school in England has a legal duty to identify and support children with special educational needs or disabilities. Support ranges from in-class adjustments to a formal Education, Health and Care plan. Understanding the system helps parents advocate effectively for their child.
What does SEND mean?
SEND stands for Special Educational Needs and Disabilities. A child has SEN if they have a learning difficulty or disability that makes it significantly harder for them to learn than most children of the same age, or if they need special educational provision not normally provided for children their age.
SEND covers a wide range of needs, including:
- Cognition and learning — such as dyslexia, dyscalculia, moderate or severe learning difficulties
- Communication and interaction — such as autism spectrum conditions, speech and language difficulties
- Social, emotional and mental health — such as ADHD, anxiety-related school refusal
- Sensory and physical needs — such as visual impairment, hearing impairment, physical disability
A diagnosis from a doctor or specialist is helpful but not required for a school to provide SEN support. The school's duty is based on the child's needs, not on whether they hold a formal diagnosis.
What is the SEND Code of Practice?
The SEND Code of Practice (2015, updated 2023 in part) is a statutory document that sets out how schools, local authorities and health services must support children with SEND in England. All state schools are legally required to follow it. Independent schools are not bound by it in the same way, though many choose to align with its principles.
The Code defines a graduated approach to identifying and meeting needs, often described as Assess, Plan, Do, Review:
- Assess — the school gathers information about the child's strengths and difficulties
- Plan — the school agrees what support will be put in place and what the expected outcomes are
- Do — the support is delivered, often led by the class teacher with guidance from the SENCO
- Review — progress is evaluated, usually termly, and the plan is adjusted
What are the two levels of SEND support?
| Level | Name | What it means in practice |
|---|---|---|
| Level 1 | SEN support | School-funded, school-arranged adjustments: targeted teaching, in-class support, specialist programmes |
| Level 2 | Education, Health and Care (EHC) plan | Statutory plan for children with more complex needs; legally binding on the school and local authority |
Most children with SEND receive support at Level 1 (SEN support) without ever needing an EHC plan. An EHC plan is reserved for children whose needs cannot reasonably be met by the school acting alone.
Who is the SENCO and how do they help?
Every state school must have a Special Educational Needs Coordinator (SENCO). In secondary schools the SENCO must be a qualified teacher. Their role is to:
- Advise class teachers on strategies for supporting individual pupils
- Coordinate the school's SEN support provision
- Liaise with parents, external specialists and other agencies
- Manage applications for EHC needs assessments and maintain existing EHC plans
The SENCO is your first point of contact if you are concerned about your child's learning. Most schools welcome early conversations — you do not need to wait for a crisis before reaching out.
What is an EHC plan and how do you get one?
An Education, Health and Care (EHC) plan is a legal document that describes a child's needs across education, health and social care, and sets out exactly what support they must receive. It replaces the old Statement of Special Educational Needs.
The EHC plan process:
- Request a needs assessment — either the school or the parents can ask the local authority for an EHC needs assessment. Put the request in writing.
- Assessment decision — the local authority has 6 weeks to decide whether to carry out an assessment.
- Assessment — if agreed, the authority gathers reports from school, health professionals and (usually) an educational psychologist.
- Draft plan — within 16 weeks of the original request, the authority issues a draft EHC plan for parents to review and comment on.
- Final plan — issued at 20 weeks. Names the school that will provide the support.
The entire process from request to final plan must take no more than 20 weeks. Parents have the right to request an annual review of the plan and can appeal to the SEND Tribunal if the local authority refuses to assess or disagrees with the support specified.
What can parents do if the school is not meeting their child's needs?
If you feel the school's SEN support is insufficient, these steps often help:
- Request a meeting with the SENCO and ask specifically what is in your child's SEN support plan
- Ask to see the Assess, Plan, Do, Review record and the planned outcomes
- If concerns persist, contact the local authority's SEND Information, Advice and Support Service (SENDIASS) — every local authority has one and it is free to parents
- Consider requesting an EHC needs assessment if the school acknowledges that standard provision is insufficient
You cannot be fobbed off with "the school doesn't do EHC plans" — only the local authority decides whether to initiate an assessment, and you can apply directly.
Does SEND support continue into secondary school?
Yes. SEND support does not stop at the end of primary school. When a child transitions from primary to secondary, the secondary school receives the pupil's SEN support records and (where one exists) their EHC plan. A transition review meeting is standard practice before the move. Parents should contact the SENCO at the new school before September of Year 7 to confirm that support arrangements are in place.
EHC plans remain in force through secondary school and can continue into further education and training up to age 25 if needed.
Frequently asked questions
Does my child need a diagnosis before the school will help?
No. Schools can and should put SEN support in place based on observed needs, without waiting for a formal diagnosis. A diagnosis from a paediatrician, psychologist or speech and language therapist can unlock additional support and strengthen an EHC application, but the school's duty to support begins when a need is identified — not when a letter arrives.
Can a school refuse to provide SEND support?
State schools cannot refuse to identify and support children with SEN — it is a legal duty under the Children and Families Act 2014. If a school is not meeting your child's needs, contact the local SENDIASS service or the DfE's Complaints team. Independent schools are not bound by the same legal framework, which is why it is important to ask directly about SEND provision before choosing an independent school.
What is the difference between SEN support and an EHC plan?
SEN support is funded and arranged by the school within its own budget, and covers a wide range of adjustments and targeted provision. An EHC plan is a statutory document issued by the local authority, is legally binding and is used when a child's needs are more complex than a school can meet unaided. Children with an EHC plan also have priority at oversubscribed schools named in their plan.
How do I find my local SENDIASS?
Search "SENDIASS" plus your local authority name online, or visit the Council for Disabled Children website (councilfordisabledchildren.org.uk), which maintains a directory of all SENDIASS services. These services are free to parents, confidential and independent of the local authority — they can help you understand your rights and prepare for meetings.
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