Struggling to Get SEND Support? Here's What Your Rights Actually Are
- May 25
- 5 min read
If you are a parent or carer trying to get the right support for your child with Special Educational Needs ("SEN"), you probably already know how difficult the process can feel. You may have been told no multiple times by multiple people. You may be waiting on a decision that has gone past every reasonable timescale. You may be unsure whether what you are experiencing is normal, or whether something has gone wrong. I want to help you understand your rights clearly, so that whatever stage you are at, you know exactly what you should be able to expect from your local authority and what you can do when that doesn't happen.
What A Local Authority Must Do By Law
All local authorities in England are bound by the law contained in the Children and Families Act 2014 and, unless they have very good reason not to, are required to follow the statutory guidance set out in the SEND Code of Practice.
Here is what that means in practice:
If you request an EHC Needs Assessment and your child may have SEN, the local authority must consider your request within 6 weeks and tell you whether or not it will be conducting an assessment
If they do conduct an assesmsent, the local authority must tell you within 14 weeks of your request whether or not it will issue an EHC Plan
If they agree to issue an EHC Plan, you must receive a draft plan within 16 weeks of your original request
You have the right to name your preferred educational setting in your child's EHC Plan, subject to limited statutory exceptions (save in the case of wholly independent settings)
You have the right to appeal any decision you disagree with to the SEND Tribunal
You must be given at least 15 calendar days to comment on a draft EHC Plan before it is finalised and can ask for more
If your local authority is not meeting these timescales, or is refusing to carry out steps it is legally required to take, you have grounds for challenge. These are statutory duties, not suggestions.
What Happens If the Local Authority Says No?
A refusal to carry out an assessment, or a refusal to issue an EHC Plan after assessment, does not have to be the end of the road. You have the right to appeal to the SEND Tribunal.
Nationally, 99% of resolved SEND tribunal cases in 2024/25 were decided in favour of parents. Local authorities routinely refuse requests that are later overturned on appeal, and this is because saying no is not the same as lawfullly refusing a request. You can read more about why local authorities refuse and what the data says about challenging those decisions in this blog post on Refusal to Assess appeals.
The EHCP Process: What to Expect
If your child is at the beginning of the process, here is what should happen and what the timescales look like. You submit a request for an Education, Health and Care Needs Assessment. This can be done by a parent/carer or school, or the local authority itself. You do not need a diagnosis to request an assessment. The local authority must consider your request and notify you of their decision within 6 weeks. If they agree to assess, they gather information from a range of professionals including educational psychologists, health professionals and the school. This must be completed within 16 weeks of your original request. If the council decides to issue an EHCP, you will receive a draft plan to comment on before it is finalised. You have 15 calendar days to respond. For more detail on what to look for at each stage, read more about the EHCNA Process.
Common Challenges Parents Face
In my experience working with families across England, here are the situations that come up most often:
Refusals to assess
This is one of the most frequently appealed SEND decisions, and one of the most commonly overturned. If your local authority refuses to assess your child and you believe they need an EHC Plan, challenging that decision is often the right move.
Inadequate EHC Plans
A plan is issued, but the provision it specifies is vague, insufficient or does not reflect what professionals have actually said. An EHC Plan that says 'speech and language therapy as recommended' rather than specifying the frequency, duration and setting of delivery is not legally adequate. You can and should challenge this.
Missed timescales
The system is under pressure and statutory timescales are not always met. If your local authority is significantly outside the 6-week or 16-week limits, you can lodge an internal complaint and depending on the circumstances a Judicial Review may be appropriate.
Disagreements about school placement
The EHC Plan names a school but it is not the school you want for your child. You have the right to request a different setting and, if refused, to appeal to the SEND Tribunal. Under current law, the Tribunal has the power to order a local authority to name your preferred school if it disagrees with the local authority's decision.
How SEND Advoacy Can Help You
Whether you are at the very start of the process, dealing with a refusal, or unhappy with your child's current plan, I can help you understand where you stand and what your options are.
SEND Advocacy's services for parents are designed to give you the knowledge, confidence and support to navigate the SEND system effectively. You can find out more on the services page, as well as about what SEND advocacy involves and how it works on our blog. Or, if you already know you need support, get in touch directly through the contact page.
What If Things Have Already Gone Wrong?
If you are past the point of assessment and deep in a dispute with your local authority, it is not too late to get support. Many of the families I work with come to me after a refusal to assess or refusal to issue or after receiving an EHC Plan they are not satisfied with. The SEND Tribunal exists precisely for these situations. It is an independent body that reviews local authority decisions and applies the law. As the national statistics consistently show, it finds in parents' favour the vast majority of the time.
Frequently Asked Questions
Do I need a local SEND advocate?
No. SEND law applies consistently across England, and SEND Advocacy works with families across the country. What matters is knowledge of the law, not location.
My child's school says they are managing fine without an EHC Plan. Should I still request an assessment?
If you believe your child has needs that are not being fully met, you have every right to request an assessment regardless of what the school says. An advocate can help you assess whether an EHCNA request is likely to be successful based on your child's specific situation.
Can I request a SEND advocate through my local authority?
All local authorities are required to fund a Special Educational Needs and Disabilities Information Advice and Support Service ("SENDIASS"). The exact nature of the services that they provide differs as between local authorities, but they do not generally support parents in appeals to the SEND Tribunal.
What if my local authority has missed the statutory timescales?
If your local authority has significantly exceeded the 6-week or 16-week timescales, you may want to consider Judicial Review. An advocate can help you decide whether this is likely to be appropriate.
Ready to get support? Contact SEND Advocacy today to discuss your situation and take the first step to a brighter future for your child or young person.
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