SEND Parent Rights in England: What the Law Actually Gives You
Most parents navigating the SEND system in England discover their legal rights incrementally — and usually too late, after a local authority has already made a decision that should have involved them from the start. The Children and Families Act 2014 gives parents far more statutory power than local authorities typically acknowledge. Knowing those rights precisely is the foundation of effective advocacy.
You Do Not Need the School's Permission to Apply for an EHCP Assessment
This is one of the most consequential and underused rights in the system. Under Section 36(1) of the Children and Families Act 2014, a parent can request an Education, Health and Care needs assessment directly from the local authority — without the school's involvement, agreement, or endorsement.
Schools sometimes act as gatekeepers, telling parents they will only support an EHCNA application if they are confident the child will qualify, or that the child needs to fail more obviously before applying. None of that is legally accurate. You can write directly to your local authority's SEND team today, independently, citing Section 36(1) CFA 2014, and request the assessment yourself.
The LA must then apply a two-part legal test: does the child "may have" SEN, and "may it be necessary" for provision to be made via an EHCP? The threshold is deliberately low. If you have any medical reports, diagnostic letters, or SENCO notes suggesting your child has needs and is not progressing adequately, that threshold is very likely met.
Your Right to Express a Preference for a Specific School
Once an EHCP is being finalised, Section 39 of the Children and Families Act 2014 gives you the legal right to request that a specific school — whether maintained, academy, or Section 41 non-maintained special school — be named in Section I of the plan.
The LA must name your preferred school unless it can prove one of three statutory exceptions: the school is unsuitable for your child's age, ability, aptitude, or SEN; your child's attendance would be incompatible with the efficient education of other pupils; or the placement would be an inefficient use of resources compared to an equally suitable alternative.
The burden of proof for these exceptions sits with the local authority, not with you. You do not have to prove your preferred school is best. The LA has to prove its own choice is genuinely equivalent.
Your Right to a Copy of Everything
Under the SEND Code of Practice and the Data Protection Act 2018, you are entitled to copies of all documents held about your child. This includes:
- All professional advice submitted to the LA during the EHCNA process (Educational Psychology reports, SALT reports, OT reports, paediatrician advice)
- The draft and final EHCP
- Any correspondence between the LA and the school about your child
- Internal LA notes and records — these can be requested via a Subject Access Request under the UK GDPR
Many parents are surprised to discover what exists in their child's LA file. Internal communications sometimes contain candid admissions about the child's needs that the LA has declined to include in the EHCP. This material can be powerful in a Tribunal appeal.
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Your Right to Disagree — and to Have That Disagreement Resolved
Section 19 of the Children and Families Act 2014 establishes foundational principles that bind every local authority in England. These principles require the LA to specifically have regard to:
- The views, wishes, and feelings of the child and their parents
- The importance of the family participating as fully as possible in decision-making
- The need to support the child to achieve the best possible educational and other outcomes
These are not aspirational guidelines. They are legally enforceable duties. If a local authority has reached a decision about your child's EHCP without meaningfully consulting you — or if it has systematically ignored professional advice you have submitted — it may have failed its Section 19 obligations, which undermines the lawfulness of the decision itself.
When you disagree with an LA decision about the EHCP, you have structured legal routes:
- Mediation: For disputes about a refusal to assess, a refusal to issue an EHCP, or the contents of Sections B and F, you must first obtain a mediation certificate. Contact a Mediation Information and Advice Service (MIAS).
- SEND Tribunal: The First-tier Tribunal adjudicates EHCP disputes. You have two months from the date of the LA's decision letter (or one month from the mediation certificate, whichever is later) to register an appeal.
- Section I appeals: If the only issue is which school is named in Section I, mediation is not required. You can go straight to Tribunal.
Your Right to a Personal Budget
If your child has an EHCP, Section 49 of the Children and Families Act 2014 gives you the right to request a personal budget. A personal budget quantifies the cost of the provision in Section F and enables you to take greater control over how that provision is commissioned — including, in some cases, receiving direct payments to commission services yourself (such as private occupational therapy).
You can request a personal budget at any EHCP review. The LA must consider the request seriously and can only refuse on specific grounds.
Your Right to Enforce Provision That Is Already in the EHCP
Once an EHCP is finalised, Section 42(2) of the Children and Families Act 2014 places an absolute, non-delegable legal duty on the local authority to secure every piece of provision specified in Section F. "Absolute" means there are no excuses — not funding cuts, not staff shortages, not school reorganisation. If Section F says your child gets 1:1 speech therapy twice a week, the LA must ensure it happens.
When provision is not being delivered, escalate in writing immediately: cite Section 42 CFA 2014, document the missed sessions with dates, and set a deadline for rectification. If the LA fails to comply, the Local Government and Social Care Ombudsman can investigate and order financial compensation. In urgent cases — particularly where a child is receiving no education at all — judicial review may be appropriate.
Annual Reviews and Your Right to Seek Amendments
The EHCP must be reviewed at least annually. At the Annual Review, you have the right to request amendments to any section of the plan. If the LA decides not to amend, it must issue a formal notice of its decision, which triggers your right of appeal to the Tribunal if you disagree.
Do not treat Annual Reviews as rubber-stamp exercises. Use them to update Section B with current professional advice, tighten vague language in Section F, and ensure the school named in Section I remains appropriate as your child's needs evolve.
Approximately 1.3 million pupils in England are currently on SEN Support without an EHCP, and 638,745 active EHCPs were recorded as of January 2025. The system is under severe pressure — but the legal framework remains enforceable for parents who know precisely where to apply it.
The England SEND Tribunal Playbook gives you the exact template letters, escalation frameworks, and evidence checklists to enforce every one of these rights without relying on an LA to inform you of what you are entitled to.
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