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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 the legal rights you have as a parent or carer of a child with special educational needs in England. Every right on this page is grounded in UK legislation or statutory guidance. Sources verified against the Children and Families Act 2014, Special Educational Needs and Disability Regulations 2014, SEND Code of Practice 2015, Equality Act 2010, UK GDPR, Local Government Act 1974, and the UN Convention on the Rights of the Child.

Last verified: 17 May 2026. Reviewed every 6 months.

Why this guide exists

The SEND system is full of rights you may not know you have. When you ask the local authority for something they don't want to give you, the first response is often "that's not how it works" or "we don't do that" — when actually the law says they must. Knowing your specific legal rights, with the exact section numbers and citations, changes the conversation. Local authorities respond differently when a parent says "under Section 39 of the Children and Families Act 2014..." than when a parent says "please can you...?"

This guide covers the twelve most important rights you have during the EHCP process. For each right, you'll find: what the right actually is in plain language, the legal basis (so you can cite it), when you can use it, common ways local authorities try to deny or downplay the right, and what to do if it's denied to you.

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

At any age between 0 and 25, at any stage of education, whenever you believe your child's needs cannot be met through ordinary SEN support in school.

Common local authority tactics to deny this right

  • "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 respond within 6 weeks of your request. If they refuse to assess, you have the right to appeal that refusal to the First-tier Tribunal (Special Educational Needs and Disability) — see Section 51 below. The tribunal sees a high proportion of these appeals because LAs often apply too high a threshold.

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 the local authority sends you the draft EHC plan (usually around week 16 of the process), you have at least 15 days to write back with any changes you want. The local authority must consider every change you propose and either incorporate it or give you a written explanation of why not. They cannot finalise the plan without giving you this opportunity.

Legal basis

Section 38 of the Children and Families Act 2014 and paragraphs 9.91-9.93 of the SEND Code of Practice 2015.

When you can use it

Between receiving the draft plan (around week 16) and the deadline for the final plan (week 20).

Common local authority tactics to deny this right

  • "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." No. Paragraph 9.69 of the SEND Code of Practice requires Section F to be specific and quantified. Vague provision is not lawful.
  • "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 without good reason, you have the right to appeal the contents of Section B, F or I of the final plan to the SEND Tribunal under Section 51. Many tribunal cases are won on Section F amendments the LA initially refused.

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 of preference for a maintained school (Section 39)

What this right means

When the local authority is naming a school in Section I of the EHCP, you have the legal right to express a preference for any maintained school — mainstream or special — and the local authority must name that school unless one of three narrow exceptions applies. The burden of proof is on the local authority, not on you.

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

Section 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.

Common local authority tactics to deny this right

  • "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. Your right to consider independent and non-maintained schools (Section 40)

What this right means

If you want your child to attend an independent special school or a non-maintained special school, the local authority has discretion (not an absolute duty) but must properly consider the placement. They must consult the school and weigh suitability, compatibility with efficient education of others, and efficient use of resources.

Legal basis

Section 40 of the Children and Families Act 2014 and paragraph 9.80 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.

Common local authority tactics to deny this right

  • "We never name independent schools." They must consider each case on its merits — a blanket policy is unlawful.
  • "That school costs too much." Cost is relevant but not decisive. The LA must show why the cost is incompatible with efficient resource use given your child's specific needs.
  • "There's a maintained school that can meet the needs." This is only a relevant argument if there genuinely is one. If the maintained alternative cannot meet the needs, the LA must consider the independent option.

What to do if denied

You can appeal to the First-tier Tribunal under Section 51. Independent school appeals are won regularly when the parent can show that no maintained school can meet the child's specific needs.

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 your child has an EHCP, the local authority must review the plan at least every twelve months from the date it was finalised or last reviewed. For children under 5, the review must happen every six months. You have the right to contribute, to invite people to attend, and to request changes. The local authority must decide within four weeks of the review meeting whether to keep the plan unchanged, amend it, or stop it.

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

Annually, at every scheduled review. You can also request an early or interim review if circumstances change significantly — see Section 44 and paragraphs 9.178-9.179.

Common local authority tactics to deny or downplay this right

  • "The annual review is just a formality." It is not. It is a statutory review of the entire plan with legal consequences.
  • "We can't bring the review forward." They can, and paragraph 9.179 of the Code says they should consider parental requests for an early review on their merits.
  • "You don't get to invite anyone." You absolutely can. The Code makes clear you have the right to involve people who support you.
  • "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
  • 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

The Tribunal sits as a panel — typically a judge and two specialist members. They can order the local authority to do almost anything they could have done themselves. Tribunal decisions are binding.

Legal basis

Section 51 of the Children and Families Act 2014.

When you can use it

Within 2 months of the local authority's decision letter (or 30 days from a mediation certificate, whichever is later).

Common local authority tactics to deny or downplay this right

  • "You don't really want to go to tribunal — it's stressful." Maybe, but the Tribunal is the legal route to enforce your rights. Around 95% of cases that reach a hearing are decided in the parent's favour, which tells you something about how often LAs make wrong decisions.
  • "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

Section 52 of the Children and Families Act 2014 (requirement to consider mediation) and Section 55 (mediation certificates).

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.

Common local authority tactics

  • "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

Contact a mediation adviser within the 2-month appeal window. The adviser is independent — not the local authority. Your local authority's Local Offer should list approved mediation providers in your area, or you can search online for "[your council name] SEND mediation."

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 have the right to ask your local authority for all the personal data they hold about you and your child. This includes internal emails between LA officers, panel decision minutes, file notes, advice they commissioned, complaints records — everything. The LA must respond within one calendar month. The request is free. They cannot refuse without specific lawful grounds.

This is one of the most underused but most powerful tools a SEND parent has, because what the LA writes internally about your child is often very different from what they tell you formally.

Legal basis

Article 15 of the UK GDPR and Sections 45-47 of the Data Protection Act 2018.

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.

Common local authority tactics

  • "There's a fee." There isn't. The fee was abolished in 2018.
  • "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 legal deadline is one calendar month, extendable to three only for genuinely complex requests with notification.

What to do if denied or delayed

Complain to the Information Commissioner's Office (ICO) at ico.org.uk. The ICO routinely upholds complaints against local authorities for failing to respond to SARs.

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

After exhausting the local authority's internal complaints procedure, and usually within 12 months of becoming aware of the issue.

What the Ombudsman can do

  • Find that the LA was at fault
  • Order the LA to apologise
  • Order the LA to pay financial remedies (sometimes thousands of pounds for serious failures, particularly where a child has lost education)
  • Order service-wide improvements

What the Ombudsman cannot do

  • Change the contents of an EHCP (that's the tribunal's job)
  • Investigate matters that should be at tribunal
  • Investigate matters that have already been decided by a court

Common local authority tactics

  • "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

As a back-up argument in almost any dispute with the LA. If you can show the LA didn't consider the impact of their decision on your disabled child, that's a strong ground for challenge — including in complaints to the Ombudsman, in judicial review, and as a feature of tribunal arguments.

Common local authority tactics

  • "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

Cite Section 149 in any complaint or appeal where the LA's decision-making process appears not to have considered the impact on your disabled child. Particularly effective in Stage 1 complaints and Ombudsman complaints.

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

Article 12 of the UN Convention on the Rights of the Child, embedded in UK SEND practice through paragraph 9.18 of the SEND Code of Practice 2015 which requires local authorities to ensure the child's views are gathered and considered.

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.

Common local authority tactics to deny or downplay this right

  • "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 provision in Section F of the EHCP must be detailed, specific and normally quantified. This means it must say exactly what support your child will receive: the type of provision, how many hours, how often, who delivers it, what expertise level. Vague provision is not lawful and cannot be enforced.

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), and case law including London Borough of Bromley v SENT [1999] ELR 260 which established that unquantified provision is not lawful.

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.

Common local authority tactics

  • "Section F is just guidance for the school." No. Section F is legally enforceable provision the LA must deliver.
  • "We can't specify hours." They can and must, per paragraph 9.69.
  • "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

Push back on every vague phrase in Section F. "Access to a quiet space when needed" should become "Access to a specific named quiet space, available throughout the school day, with adult support to use it when [child] requests." The more specific, the more enforceable.

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

Most successful EHCP outcomes for SEND parents involve combining several of these rights:

  • 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 21 (Section F is enforceable), 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

Review schedule

This document is reviewed every 6 months. Next scheduled review: 17 November 2026. Earlier review will be triggered by any major change to the Children and Families Act 2014, the SEND Code of Practice, or significant case law on parental rights in SEND.

A SEND-qualified solicitor or experienced SENDIASS adviser should review this document before any major version update.

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.

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Last verified: 17 May 2026. Reviewed every 6 months. Next review: 17 November 2026.