Know Your Rights
Your legal rights at each stage of the EHCP process, with specific references to the SEND Code of Practice 2015 and Children and Families Act 2014.
initial concerns
Your child may not yet be on the school's SEN register, or the school may not have formally identified their needs. At this stage you are advocating for your child to be recognised as having SEN and for SEN Support to start under the graduated approach (assess, plan, do, review). You have rights to be heard, to records, and to ask the LA for an EHC needs assessment regardless of what the school decides.
Right to a meeting with the school SENDco
Schools must work in partnership with parents to identify and meet a child's special educational needs, and the SENCO is responsible for the day-to-day operation of SEN policy. You can ask for a meeting with the SENDco (SENCO) to raise concerns and discuss whether your child should be on the SEN register.
Email the school SENDco asking for a meeting; bring dated examples of your child's difficulties.
Right to be told if your child is on the SEN register
Where a school identifies a child as having SEN they must tell the parents and start the graduated approach (assess, plan, do, review). Equally, parents can raise concerns and ask the school to consider whether their child has SEN.
Ask in writing whether your child is on the SEN register; if not, ask the school to assess and add them so SEN Support can begin.
Right to request an EHC needs assessment
A parent, the young person, or a school/setting can request that the LA carry out an EHC needs assessment at any time. The LA cannot refuse to consider the request, and you do NOT need the school's agreement.
Write to the LA SEN team requesting an EHC needs assessment.
Right to access school records
You have the right to see all records the school holds about your child, including SEN Support plans, assessments, and meeting notes.
Request copies of all SEN-related records from the school in writing.
Right to an independent supporter
You can seek advice from your local SEND Information, Advice and Support Service (SEND IASS), which must provide free impartial advice.
Contact your local SEND IASS for free advice before requesting assessment.
Cross-cutting rights
Some rights apply across the whole EHCP journey, not just at one stage.
- Recording calls with the LA or school — your right under UK GDPR to record your own conversations, plus how to do it on Android, iPhone, and desktop.
Key Legislation
Children and Families Act 2014
The primary legislation establishing the EHCP system, rights to assessment, and the SEND Tribunal.
Read on legislation.gov.uk →SEND Code of Practice 2015
Statutory guidance that LAs, schools, and health bodies must follow when supporting children with SEN.
Read on gov.uk →