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.
assessment underway
The LA is gathering advice from education, health, and care professionals. Your parental views are a legal requirement. You have the right to submit your own evidence.
Parental views are a legal requirement
The LA must seek and have regard to the views, wishes and feelings of the child's parent. Your parental views are one of the most important pieces of evidence.
Write detailed parental views covering your child's needs, what works, and what you want.
Child's views must be sought
The LA must also seek and have regard to the child's views. These can be in any format (written, drawn, video).
Help your child express their views in whatever way works best for them.
Right to submit your own evidence
You can submit any evidence you consider relevant, including private professional reports. The LA must consider all evidence provided.
Submit any private EP, SaLT, or OT reports you have obtained.
Advice must be provided within 6 weeks
Professionals asked for advice must respond within 6 weeks of the request being made.
After 4 weeks, ask the LA which professionals have been contacted and chase any outstanding.
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 →