The SEND Code of Practice Explained: What Parents Need to Know

You will hear the phrase "SEND Code of Practice" quoted by SENCOs, local authority officers, and advocates. It underpins almost every decision made about children with special educational needs in England. Here is what it actually says and why it matters to you as a parent.

What the SEND Code of Practice Is

The SEND Code of Practice 2015 is statutory guidance that sets out how schools, local authorities, health services, and other organisations must implement Part 3 of the Children and Families Act 2014 (CFA 2014). It runs to 292 pages and covers everything from early years identification through to post-16 transition planning.

The critical word is "must." All maintained schools, academies, colleges, early years providers, and local authorities are legally required to "have regard to" the Code. That means they cannot ignore it or depart from it without a compelling legal reason. If a school or local authority acts in a way that contradicts the Code and cannot justify why, they are on legally shaky ground.

The Children and Families Act 2014: The Foundation

The Code sits on top of primary legislation. The Children and Families Act 2014 (CFA 2014) is the actual law. Part 3 of the Act created the current SEND framework, replacing the previous system of Statements of SEN.

Several sections of the Act are particularly important for parents:

Section 19 imposes a general duty on local authorities to have regard to the views, wishes, and feelings of children, young people, and parents throughout all decision-making. This is not a soft aspiration — it is a legal obligation. An LA that processes decisions without meaningfully consulting you is in breach of this duty.

Section 20 defines what constitutes special educational needs. A child has SEN if they have a "significantly greater difficulty in learning than the majority of others of the same age," or a disability that prevents them from using standard educational facilities. Importantly, Section 20(4) clarifies that a child does not have a learning difficulty simply because English is not their first language — English as an Additional Language is explicitly distinct from SEN.

Section 36(8) sets the legal test for triggering an EHC needs assessment: the child may have SEN and it may be necessary to provide an EHCP. The low threshold ("may") is intentional.

Section 42 places an absolute, non-delegable duty on the local authority to secure every piece of special educational provision specified in Section F of the EHCP. Financial constraints, staffing shortages, and administrative disputes with schools are not legally acceptable reasons for failing to deliver.

What the Code Requires from Schools

Chapter 6 of the Code deals with schools and is the section most directly relevant to parents of school-age children.

Schools must use their "best endeavours" to make provision for pupils with SEN, whether or not the child has an EHCP. They must:

• Follow the graduated approach (Assess, Plan, Do, Review) for all pupils receiving SEN Support
• Ensure the SENCO is a qualified teacher
• Publish an annual SEN Information Report on the school's website
• Involve parents meaningfully in planning and reviewing support
• Secure appropriate specialist advice when needed

The phrase "best endeavours" sounds strong, but it is also one of the most contested phrases in SEND practice. Schools have leaned on it to justify inadequate provision. Case law has progressively tightened what counts as genuine "best endeavours" — a school cannot simply say they tried.

What the Code Requires from Local Authorities

Chapter 9 covers the EHC needs assessment and plan process. It sets the statutory timelines (the 20-week deadline), the requirement for coordinated multi-agency assessment, and the specific legal requirements for each section of the EHCP.

Some of the most useful paragraphs for parents are in Chapter 9. Paragraph 9.69, for example, codifies the specificity standard for Section F: provision must be "detailed and specific" and "normally quantified" in terms of type, hours, frequency, and level of expertise required. This paragraph and the case law it reflects — particularly L v Clarke and Somerset CC — are the basis for challenging vague draft EHCPs.

Chapter 11 covers disagreement resolution, including mediation and the SEND Tribunal process.

Using the Code as a Parent

The Code is most useful to parents as a reference document when things go wrong. When a school fails to follow the APDR cycle properly, you can cite the relevant chapter. When a local authority issues a draft EHCP with vague Section F wording, you can cite paragraph 9.69. When an LA misses the 20-week deadline, you can cite the statutory timelines in Chapter 9.

The Code is publicly available on Gov.uk, and it is worth bookmarking Chapter 6 (schools) and Chapter 9 (EHC plans) as your primary references.

Where the Code falls short — and where many parents struggle — is in translating its legal requirements into practical action. Knowing that Section F must be "specific and quantified" is one thing. Actually pushing back on a draft plan, with the right language, at the right time, and knowing exactly what to ask for, is another.

The England EHCP & SEN Blueprint does that translation work — turning the Code's requirements into checklists, template letters, and a section-by-section plan review framework you can use immediately.

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