Struggling to Get SEND Support? Here's What Your Rights Actually Are

If you are a parent or carer trying to get the right support for your child with special educational needs, you may already know how difficult the process can feel. You may have been told no. 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 you are not getting it.

What A Local Authority Must Do By Law

All local authorities in England, is bound by the Children and Families Act 2014 and the SEND Code of Practice. These are not guidelines. They are legal requirements.

Here is what that means in practice:

• If you request an EHC Needs Assessment and your child may have SEND, the council must consider your request within 6 weeks

• The council must tell you within 16 weeks of your request whether 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

• 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

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 parents' favour. Local authorities routinely refuse requests that are later overturned on appeal, but 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 on our blog.

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, school, GP or other professional. 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 complain to the Local Government Ombudsman. In serious cases, 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 Tribunal. Under current law, the Tribunal can order a local authority to name your preferred school if it is suitable and the additional cost is not unreasonable.

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?

Local authorities are required to make information about Independent Supporters available. However, if you want genuinely independent advocacy, not a service commissioned by the very authority you may need to challenge, a private SEND advocate gives you that independence.

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 can complain to the Local Government and Social Care Ombudsman, or seek legal advice. An advocate can help you decide which route is most 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.