If your child has Special Educational Needs or Disabilities (SEND), there are legal duties that schools, local authorities, employers and public services must follow.
Schools are legally required to have arrangements in place to:
Monitor pupil progress
Assess needs where concerns arise
Provide SEND support where needs are identified
Review support regularly
Support does not depend on a diagnosis
A child does not need a medical diagnosis to receive SEND support.
Provision should be based on identified needs.
Right to request an EHC Needs Assessment
Parents and carers have the legal right to request an Education, Health and Care Needs Assessment directly from the local authority.
Local authorities must review EHCPs at least annually and involve parents and young people in the process.
If an EHCP is issued, provision must be delivered
Local authorities have a legal duty to secure the educational provision specified in an EHCP.
This duty applies even if services are difficult to arrange.
Right to request a school placement
Parents can request certain schools when an EHCP is issued.
The local authority must name that school unless specific legal exceptions apply.
Right to appeal SEND decisions
Parents and young people can appeal to the SEND Tribunal about:
Refusal to assess
Refusal to issue a plan
Provision in the plan
Named school
Protection from disability discrimination:
Schools and public services must not treat disabled children and adults unfavourably because of their disability.
Duty to make reasonable adjustments
Schools and services must take reasonable steps to prevent disabled pupils being placed at a substantial disadvantage.
Protection for parents at work
Employees must not be treated unfairly at work because they care for a disabled child.
Parents must be involved in SEND decisions
Schools and local authorities must involve parents in decisions about SEND support and take their views into account.
Local authorities must publish a Local Offer
Every local authority must publish information about SEND services available in the area and how families can access them.
Wolverhampton’s local offer can be seen here
Right to request flexible working
You have the statutory right to request flexible working from your first day of employment (as of April 2024). You can make two requests every 12 months. All employees can request flexible working to manage care arrangements, which employers must deal with in a reasonable time.
Employers must consider requests in a “reasonable manner” and can only refuse based on specific business reasons, such as additional costs or inability to reorganise work.
Most organisations are now being proactive in supporting SEN carers in the workplace by encouraging :
