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Your rights as a SEND parent

Twelve key legal rights you have during the EHCP process, what each means in plain language, and what to do if your local authority denies them.

A plain language guide to rights during the English SEND process. Parent rights and a young person’s own rights after compulsory school age are not always identical; seek individual advice where that distinction matters.

Focused source corrections checked 30 September 2026. This is not a blanket verification: use the linked primary sources and seek advice for an individual case.

Why this guide exists

The SEND framework contains rights and duties that can be difficult to navigate. This guide explains selected provisions in plain English and links to primary sources. What applies can depend on the child or young person's age, the decision made and the evidence.

This guide covers twelve points that often arise during the EHCP process. For each, it explains the general rule, source and possible next steps. It cannot decide how the law applies to an individual case.

1. Your right to request an EHC needs assessment

What this right means

You can ask your local authority to carry out an Education, Health and Care (EHC) needs assessment for your child at any time. You do not need the school's permission, you do not need a diagnosis, and you do not need to wait until your child is "failing." The legal test is whether your child may have special educational needs and may need provision through an EHC plan — both bars are deliberately low.

Legal basis

Section 36 of the Children and Families Act 2014, in particular Section 36(8) which sets out the legal test the local authority must apply.

When you can use it

For a child, a parent can make the request. A young person over compulsory school age can usually make the request in their own right. The statutory framework can extend to age 25, but an EHC plan does not continue automatically to 25.

Questions and responses

  • "You need to wait until the school has tried more interventions first." The law does not require this. SEN Support and an EHC needs assessment can happen in parallel.
  • "Your child needs a diagnosis first." A diagnosis is not required. Need is the test, not label.
  • "Your child is making progress, so they don't need an assessment." Progress is not the test. The test is whether provision may be needed through an EHCP, and the only way to know is to assess.
  • "You haven't filled in our internal form." The right to request comes from statute, not from your council's local form. A letter is enough.

What to do if denied

The local authority must normally respond within 6 weeks of your request. If it refuses to assess, there is a right of appeal to the First-tier Tribunal (Special Educational Needs and Disability) — see Section 51 below. Use the official appeal route for the decision type and get advice if a deadline is close.

Template available on EHCP CompassSign in to use this template →

Request for EHC Needs Assessment — a formal letter citing Section 36(8) directly.

2. Your right to make representations on the draft EHC Plan

What this right means

When a draft EHC plan is served, you must be given at least 15 days, beginning with the day it was served, to make representations, request a school or institution, and require a meeting with an LA officer to discuss the draft. Ask the council to explain any changes it does not accept. A draft is not guaranteed to arrive at week 16.

Legal basis

Section 38 of the Children and Families Act 2014 and regulation 13 of the SEND Regulations 2014.

When you can use it

When you receive a draft plan. Check the response date in its covering letter. The usual overall limit for an initial final plan is 20 weeks, subject to statutory exceptions; a delay does not remove the consultation period.

Questions and responses

  • "You only have a few days to respond." The minimum is 15 days. If they've given you less, that's unlawful.
  • "The draft is what it is." Untrue. The whole point of the consultation period is that you can change it.
  • "Section F has to be vague because we don't have all the information." Paragraph 9.69 of the SEND Code says provision should normally be detailed, specific and quantified. Vague wording can make the section 42 duty harder to understand and enforce.
  • "We can't include that because the school doesn't think it's necessary." The local authority is the decision-maker, not the school. You can challenge anything in the draft.

What to do if denied

If the local authority refuses your proposed amendments, you may have a right to appeal the contents of Section B, F or I of the final plan under Section 51. The tribunal decides each appeal on its evidence and the applicable legal test.

Template available on EHCP CompassSign in to use this template →

Request changes to your draft EHC Plan — a formal letter setting out your amendments to each disputed section, citing Section 38 and paragraph 9.91.

3. Your right to request a school or institution (Sections 38 and 39)

What this right means

When a draft EHC plan is prepared, a parent or young person may request a maintained school, maintained nursery school, Academy, section 41-approved independent school or independent specialist college, non-maintained special school, or specified further-education or sixth-form institution. Section 39 says the local authority must name the requested institution unless a statutory exception applies.

The three exceptions are:

  1. The school is unsuitable for the age, ability, aptitude or special educational needs of the child.
  2. Attendance would be incompatible with the efficient education of other children.
  3. Attendance would be incompatible with the efficient use of resources.

Legal basis

Sections 38 and 39 of the Children and Families Act 2014.

When you can use it

At any stage where the school is being decided — when the draft plan is being drawn up, when responding to a draft plan, at annual review (if you want to change placement), or at tribunal.

Questions and responses

  • "That school is full." Schools being full is not one of the three legal exceptions. The LA must consult the school and consider whether reasonable adjustments could make admission possible.
  • "That school is too expensive." "Efficient use of resources" has a specific legal meaning — it's not just about cost. The LA must show that the placement is genuinely incompatible with resource use, weighing your child's needs against the cost.
  • "We don't usually name that type of school." Practice doesn't override your statutory right.
  • "You can only choose from our list." Untrue. You can name any maintained school, including ones outside your local authority area.

What to do if denied

The local authority must give you written reasons that specify which of the three exceptions applies and the evidence relied on. If you disagree, you can appeal Section I to the First-tier Tribunal under Section 51. The Tribunal applies the same three-test framework.

Template available on EHCP CompassSign in to use this template →

Request to change the school in Section I — a formal letter naming your preferred school and citing Section 39 directly.

4. Independent schools outside the Section 38 list

What this right means

Non-maintained special schools and section 41-approved independent schools are within the sections 38 and 39 request-and-preference framework described above. A request for another independent school is different: section 40 permits the local authority to name it with the school's consent, but the section 39 duty does not apply in the same way. Obtain case-specific advice where the school's legal category is uncertain.

Legal basis

Sections 38 to 40 of the Children and Families Act 2014 and paragraphs 9.78–9.90 of the SEND Code of Practice 2015.

When you can use it

Same as Section 39 — when school is being decided at draft plan, final plan, annual review, or tribunal.

Points to check

  • Confirm the institution's current legal category, including whether an independent institution is approved under section 41.
  • Ask for the local authority's written reasons and the evidence supporting its proposed placement.
  • Compare each proposed placement against the needs and provision recorded in the plan.

What to do if denied

Depending on the final plan and decision, an appeal about Section I may be available under section 51. The outcome depends on the evidence and statutory tests; this guide does not predict appeal outcomes.

Template available on EHCP CompassSign in to use this template →

The Request to change the school in Section I template covers both Section 39 and Section 40 placements.

5. Your right to an annual review of the EHCP

What this right means

Once a child or young person has an EHCP, the local authority must review it within twelve months of issue and then within twelve months of the previous review. For children under 5, the SEND Code recommends reviews every three to six months; that is guidance, not a separate six-month statutory limit. Parents and young people can contribute and request changes. The local authority must notify its decision within four weeks of the review meeting.

Legal basis

Section 44 of the Children and Families Act 2014 and paragraphs 9.166-9.193 of the SEND Code of Practice 2015.

When you can use it

At each annual review. You can ask for an earlier review if circumstances change. A request for an early review is different from a formal request for reassessment under section 44(2).

Questions and responses

  • "The annual review is just a formality." It is not. It is a statutory review of the entire plan with legal consequences.
  • "We cannot bring the review forward." Ask for written reasons and advice about the complaints route. Refusal of an early review is not itself a Tribunal appeal ground; refusal of a reassessment request is an appealable decision under section 51(2)(d).
  • "You cannot bring support." Explain your participation needs and ask the organiser to include your supporter. Check any adviser’s availability in advance.
  • "We don't have to amend the plan." They must decide whether to amend, maintain or cease. If they amend, you have the right to make representations on the amendments and ultimately appeal.

What to do if denied

If the LA refuses an early review request, ask for written reasons and consider escalating via the LA complaints procedure and then the Ombudsman. If you disagree with the outcome of the annual review (e.g. decision not to amend the plan), you have the right to appeal that decision to the SEND Tribunal under Section 51.

Templates available on EHCP Compass

Prepare for your annual review — for your contribution before the meeting. Request an emergency or early review — for bringing the review forward.

6. Your right to appeal to the SEND Tribunal (Section 51)

What this right means

You have the right to appeal a wide range of local authority decisions to the First-tier Tribunal (Special Educational Needs and Disability) — an independent court. Specifically you can appeal:

  • A refusal to carry out an EHC needs assessment or a requested reassessment
  • A refusal to issue an EHC plan after assessment
  • The contents of Section B (needs), Section F (provision) or Section I (school named) of a final or amended plan
  • A decision not to amend a plan after annual review
  • A decision to cease maintaining a plan

A hearing usually involves a judge and one or two other tribunal members. The Tribunal’s powers depend on the appeal: they are not unlimited. Education orders are binding; health and social care recommendations have a different status. See GOV.UK hearing guidance and the official appeal overview.

Legal basis

Section 51 of the Children and Families Act 2014.

When you can use it

The Tribunal must receive the appeal within two calendar months of the decision letter or one calendar month from the mediation certificate, whichever date is later. Different forms and submission routes apply to different appeal types.

Questions and responses

  • "You don't really want to go to tribunal — it's stressful." Tribunal is the statutory appeal route. Published outcomes use different appeal types and denominators, so a headline success percentage cannot predict an individual case.
  • "We can't change anything once it's at tribunal." Untrue. LAs frequently amend plans during the tribunal process and concede issues to avoid hearings.
  • "You don't have the right to appeal that." Check Section 51 — many decisions are appealable, including some the LA will try to characterise as outside the appeal route.

What to do if denied

Nothing the LA can do can take this right away. The right is statutory. If the LA tries to discourage you, you can still file the appeal directly with the Tribunal at gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability.

Template available on EHCP CompassSign in to use this template →

Notice of intent to appeal to the SEND Tribunal — formal notification to the LA that you're proceeding.

7. Your right to mediation under Section 52

What this right means

Before you can register most appeals at the SEND Tribunal, you must first contact a mediation adviser. You don't have to actually attend mediation — you just have to consider whether to use it. The mediation adviser will issue a certificate either way, and the certificate is what allows you to register the tribunal appeal.

Mediation itself is a confidential meeting (in person or virtual) between you, the local authority, and an independent mediator. It's free.

Legal basis

GOV.UK: before you appeal explains the mediation requirement and Section I-only exception; the statutory framework is in sections 52–55 of the Children and Families Act 2014.

When you can use it

After almost any LA decision that gives rise to an appeal right, except appeals about Section I (school name) alone, which can go straight to tribunal without mediation.

Questions and responses

  • "You have to attend mediation before you can appeal." Untrue. You only have to contact a mediation adviser. You can decline mediation and still get the certificate.
  • "Mediation is the only way to resolve this." Untrue. Tribunal is also an option and is what you're considering using.
  • "Mediation will be quicker." Sometimes. Sometimes not. The decision is yours.

What to do

Use the mediation contact details in the decision letter promptly and check the appeal deadline. If the letter is missing, ask the council for the service details. See GOV.UK: before you appeal.

Template available on EHCP CompassSign in to use this template →

The Notice of intent to appeal to the SEND Tribunal template references Section 52 and the mediation process.

8. Your right to a Subject Access Request (UK GDPR)

What this right means

You can ask an organisation for access to your own personal data. A child may exercise the right themselves if they are competent to understand it; otherwise a person acting for them must show appropriate authority. The right is to personal data, not automatically every whole document or every record, and exemptions or other people's information may limit what is disclosed.

A request can help you understand what personal information an organisation holds and check whether it is accurate.

Legal basis

Article 15 of the UK GDPR and the Data Protection Act 2018. See the ICO's current Guide to subject access (updated 16 July 2026).

When you can use it

At any point. Particularly useful when you suspect the LA hasn't been candid with you, when preparing for a tribunal, or when complaining about LA conduct.

Questions and responses

  • "There's always a fee." Requests are normally free, but a reasonable fee can apply in limited circumstances described by the ICO, including manifestly unfounded or excessive requests or further copies.
  • "We don't have those records." You can ask them to confirm in writing that no records exist, which is sometimes useful evidence in its own right.
  • "That information is exempt." Some genuine exemptions exist (e.g. legal professional privilege, third-party data) but they're narrow. Ask for specific reasons in writing for each redaction.
  • "It will take us months." The normal period is one calendar month. It starts when the organisation has the information needed to confirm identity, authority or a permitted fee; asking for clarification can pause the clock. A complex request or multiple requests can justify an extension of up to two further months if the requester is told within the first month.

What to do if denied or delayed

The ICO explains how to raise a concern about an organisation and what it may do.

Template available on EHCP CompassSign in to use this template →

Subject Access Request (UK GDPR) — a properly cited formal request.

9. Your right to complain to the Local Government Ombudsman

What this right means

If the local authority's internal complaints procedure has failed to put things right, you can complain to the independent Local Government and Social Care Ombudsman (LGSCO). They investigate maladministration causing injustice — including missed statutory deadlines, undelivered Section F provision, failure to communicate properly, and procedural failures. They can recommend financial remedies, service changes, and apologies. Decisions are advisory but routinely complied with.

Legal basis

Local Government Act 1974 (as amended).

When you can use it

Normally complain to the council first, then approach the Ombudsman after its final response. If the complaint is stalled, the Ombudsman may make enquiries before that stage. Normally complain within 12 months of realising something went wrong. See the LGSCO SEND factsheet.

What the Ombudsman can do

  • Find that the LA was at fault
  • Recommend an apology
  • Recommend a financial remedy where injustice was caused
  • Recommend service improvements

What the Ombudsman cannot do

  • Change the contents of an EHCP (that's the tribunal's job)
  • Normally investigate decisions carrying a Tribunal appeal right, associated decision-making processes, or the council’s conduct during a Tribunal appeal; connected complaints may also fall outside its powers
  • Investigate matters already decided by a court or Tribunal

Questions and responses

  • "The Ombudsman won't look at this." Sometimes true, sometimes not — let the Ombudsman decide.
  • "We've answered the complaint." If you remain dissatisfied with their response, that's the moment to go to the Ombudsman.

How to complain

Submit at lgo.org.uk/make-a-complaint or by post.

Template available on EHCP CompassSign in to use this template →

Complaint to the Local Government Ombudsman — a structured complaint with all the standard sections the Ombudsman expects.

10. The Public Sector Equality Duty (Equality Act 2010 Section 149)

What this right means

Local authorities are legally required to have due regard to the need to:

  • Eliminate discrimination, harassment and victimisation
  • Advance equality of opportunity between disabled and non-disabled people
  • Foster good relations between people who share a protected characteristic and those who don't

In SEND practice this means the LA cannot make decisions about your child without genuinely considering the impact on a disabled child. If they can't show they considered this, their decision can be challenged.

Legal basis

Section 149 of the Equality Act 2010 (the Public Sector Equality Duty, often abbreviated PSED).

When you can use it

Where a public authority’s decision-making may not have given due regard to the statutory equality aims. The duty does not guarantee a particular outcome or create a general SEND Tribunal appeal ground. Get advice on the appropriate route for the decision concerned.

Questions and responses

  • "We complied because we considered it." Considering means more than just thinking about it briefly — it requires evidence of genuine engagement with the impact on disabled children.
  • "We have a policy." A policy doesn't discharge the duty if it isn't actually applied to your child's specific situation.

How to use it

Ask the authority how it considered the relevant equality impacts. Keep the decision and supporting evidence, and seek advice about any challenge and its time limit.

Templates that reference this right

Stage 1 complaint to your local authority explicitly cites Section 149.

11. Your child's right to be heard (UNCRC Article 12)

What this right means

Your child has the right to express their views on matters affecting them and to have those views given due weight according to their age and maturity. In SEND practice this means your child's voice should appear in Section A of the EHCP (views, interests and aspirations), and your child should be invited and supported to contribute to assessments, reviews, and decisions about their education and care.

Legal basis

Section 19 of the Children and Families Act 2014 requires local authorities exercising Part 3 functions to have regard to views, participation and the information and support needed to participate. Article 12 of the UN Convention on the Rights of the Child provides the wider rights context.

When you can use it

At every stage — needs assessment, draft plan consultation, annual review, mediation, and tribunal preparation. The Tribunal in particular weighs the child's voice carefully.

Questions and responses

  • "Your child is too young to have a view." Untrue. Even very young children can communicate preferences and feelings. The Code makes specific provision for non-verbal communication.
  • "We've spoken to the school instead." The school is not the child. The child's own voice must appear in Section A.
  • "Your child agreed to this." Sometimes LAs claim children agreed to decisions in pressured circumstances. If your child is older and can articulate a different view, raise it.

How to use it

Make sure Section A of the EHCP genuinely reflects your child's views — in their own words where possible. At tribunal, the Tribunal may speak to your child directly or read a statement from them.

12. Your right to specific and quantified provision (Section F)

What this right means

The SEND Code says provision in Section F should normally be detailed, specific and quantified. This can include the type, frequency, duration and required expertise. Vague wording can make the local authority’s duty to secure the specified provision harder to understand and enforce.

Legal basis

Section 21 of the Children and Families Act 2014 (definition of special educational provision), paragraph 9.69 of the SEND Code of Practice 2015 (requirement that provision be specific and quantified). The required detail depends on the provision and the evidence; this guide does not claim that every unquantified phrase is automatically unlawful.

When you can use it

Most powerfully when responding to a draft plan, at tribunal, and when the LA fails to deliver Section F provision.

Questions and responses

  • "Section F is just guidance for the school." Section 42 normally requires the LA to secure the specified special educational provision. Section 42(5) provides an exception where the parent or young person has made suitable alternative arrangements.
  • "We can't specify hours." Paragraph 9.69 says provision should normally be quantified; what must be specified depends on the provision and evidence.
  • "Specific provision is too restrictive — we want flexibility." The Code is clear: provision should normally be quantified. Flexibility is the LA's preference, not your right.

What to do

Identify wording that leaves it unclear what support will be provided, by whom, how often and for how long. Ask the relevant professional to recommend specific wording supported by the child or young person’s assessed needs. An example from another plan may not meet those needs.

Template available on EHCP CompassSign in to use this template →

The Section F Working Document for Tribunal template helps you put detailed, specific proposed wording for Section F in front of the Tribunal.

How to use these rights together

Different issues can involve more than one part of the legal framework:

  • A parent who's been refused an assessment combines Section 36 (right to ask), Section 51 (right to appeal), and Section 52 (mediation) — and uses the Challenge a refusal to assess template followed by the Notice of intent to appeal template.

  • A parent at tribunal over Section F provision combines Section 21 (definition of provision), Section 38 (right to representations), Section 51 (right of appeal), and paragraph 9.69 (specificity standard) — using the Section F Working Document and the Request changes to your draft EHC Plan templates.

  • A parent whose LA has failed to deliver provision combines Section 42 (duty to secure specified special educational provision), Section 149 (Public Sector Equality Duty), Local Government Act 1974 (Ombudsman route), and the LA's own complaints procedure — using the Stage 1 complaint and LGSCO complaint templates.

  • A parent preparing for a difficult annual review combines Section 44 (review duty), Section 39 (placement preference), paragraph 9.69 (specificity), and Article 12 UNCRC (child's voice) — using the Prepare for your annual review template.

The rights work together. Knowing them all gives you a much stronger position than knowing any one in isolation.

Sources used in this guide

Source status

The corrections identified in the 30 September 2026 content audit have been applied. This does not mean that a solicitor, SENDIASS adviser or qualified legal reviewer has approved the whole guide. Check the linked legislation and current official guidance, particularly where deadlines or appeal rights affect an individual case.

This guide is for information only. It is not legal advice. For advice on your specific case, contact IPSEA, SOS!SEN, your local SENDIASS service, or a SEND-qualified solicitor.

EHCP Compass — Plain-English SEND information for families in England.

Source status: Focused corrections checked 30 September 2026. Each claim must be read with its linked source; this is not a blanket legal verification or individual advice.