Understanding special educational needs and getting the right support for your child can feel overwhelming. There are often unfamiliar terms, different processes and decisions that can have a significant impact on your child’s education.
We have answered some of the questions parents ask us most often. If you cannot find the answer you are looking for, or you are unsure about your child’s situation, our specialist education solicitors are here to help.
A child or young person has Special Educational Needs, or SEN, if they have a learning difficulty or disability which means they need additional or different educational provision to that normally available to children of the same age.
SEN can affect children in many different ways, including their learning, communication, behaviour, physical development or ability to access education.
Every child is different, and having a particular diagnosis does not automatically mean that a child will require an EHCP. What matters is the support they need to access and benefit from education.
Additional Learning Needs, or ALN, is the term used in Wales.
The Welsh ALN system replaced the previous SEN framework and introduced a different approach to identifying and supporting children and young people who require additional learning provision.
Where appropriate, an Individual Development Plan, or IDP, can set out the support a child or young person requires.
If your child is educated in Wales, the process and terminology are different from those used in England. Our IDP and ALN guidance explains the Welsh system in more detail.
Many children with SEN receive support from their school without needing an EHCP.
Schools should identify children’s needs, put appropriate support in place and review whether that support is working. This is often described in England as the Assess, Plan, Do, Review approach.
Where a child’s needs cannot be met through the support ordinarily available within their educational setting, an EHC needs assessment may be appropriate.
You do not necessarily have to wait until every possible form of school based support has been tried before asking the local authority to assess your child.
An Education, Health and Care Plan, or EHCP, is a legal document for children and young people in England who need more support than can ordinarily be provided through SEN support.
It describes your child’s special educational needs and sets out the provision they require. It can also include relevant health and social care needs and outcomes.
An EHCP should be specific enough to make clear what support your child needs and how that support should be provided.
Find out more about EHCPs and how we can help.
You can ask your local authority to carry out an Education, Health and Care (EHC) needs assessment if you believe your child needs more support than their school can provide.
If the local authority agrees to assess, it will gather information about your child’s needs before deciding whether an EHCP is necessary. If it decides to issue a plan, you will normally receive a draft EHCP first, giving you an opportunity to comment and request changes.
The local authority will then issue the final EHCP. If you disagree with the decision, the contents of the plan or the school named, you may have a right to appeal to the SEND Tribunal.
Find out more about EHCPs, including the assessment and appeal process, on our EHCP page.
An Individual Development Plan, or IDP, is a legal document in Wales for children and young people who have additional learning needs (ALN) that require additional learning provision.
It describes your child’s additional learning needs and sets out the support they require to help them learn and make progress.
An IDP should clearly identify the additional learning provision your child needs and how that support will be delivered.
Find out more about IDPs and how we can help.
If you believe your child has additional learning needs, you can raise your concerns with their school or college, or contact your local authority if your child is not attending a maintained school.
The school or local authority will consider your child’s needs and decide whether an IDP is necessary. If one is required, it should identify your child’s needs and the additional learning provision they require. The school or local authority responsible for maintaining the IDP will depend on your child’s circumstances.
If you disagree with a decision about your child’s additional learning needs or IDP, you may be able to request a review or appeal to the Education Tribunal for Wales, depending on the circumstances.
Find out more about IDPs, including the assessment and appeal process, on our IDP page.
An Education, Health and Care Plan (EHCP) is used in England, while an Individual Development Plan (IDP) is used in Wales. Both are legal documents that identify a child’s needs and set out the support they require.
The main differences relate to how plans are assessed, who maintains them and the appeal processes available if you disagree with a decision.
Find out more about EHCPs and IDPs and how we can help you secure the right support for your child.
An EHCP must be reviewed at least once every 12 months.
The annual review is an opportunity to consider your child’s progress, whether their needs have changed and whether the support in their EHCP remains appropriate.
If your child’s circumstances have changed significantly, you may also be able to request an earlier review.
Read more about EHCP annual reviews.
Yes. If you disagree with certain parts of a final EHCP, you may have a right of appeal to the First tier Tribunal (SEND).
This can include disagreements about your child’s identified needs, the special educational provision specified in the plan or the school or type of school named.
There are strict deadlines for bringing an appeal, so it is important to seek advice promptly if you disagree with a decision.
Parents and young people have rights when it comes to the educational placement named in an EHCP.
You can express a preference for a school, and the local authority must consider that preference in accordance with the relevant legal framework.
If the local authority refuses to name your preferred school, there may be a right of appeal.
Choosing the right placement can be particularly important where a child has complex or specialist needs, and we can advise you on your options.
A child may need a specialist setting where their needs cannot appropriately be met in a mainstream environment.
There are specific legal considerations when deciding whether a special school or specialist provision is appropriate. The type of school requested and the circumstances of the child will also be relevant.
If you believe your child needs specialist education, we can advise you on the options available and help you understand your . For example – a child can only attend a special school if they have an EHCP or if the LA has agreed to make one.
The provision specified in an EHCP should be delivered.
If your child is not receiving the support set out in their plan, the first step may be to raise your concerns with the school or local authority.
However, if the problem continues, or the provision being missed is having a significant impact on your child, there may be further action you can take.
We can review your child’s EHCP, consider what provision should be being delivered and advise you on the most appropriate way forward.
Not every SEN issue requires legal representation.
However, specialist legal advice can be particularly valuable where you are challenging a local authority decision, seeking an EHCP, disputing the contents of a plan, dealing with a school placement issue or considering an appeal to the SEND Tribunal.
Education law can be complex, and understanding your rights early can sometimes prevent problems from becoming more difficult later.
Our role is not simply to take over. We will explain your options clearly, help you understand where you stand and support you in deciding what is right for your child.
The First tier Tribunal (SEND) is an independent tribunal that hears certain disputes between families and local authorities in England concerning special educational needs and disability.
Appeals can cover matters such as refusals to assess, refusals to issue an EHCP, the contents of an EHCP and the school or type of school named in it.
Tribunal proceedings can feel daunting, but you do not have to navigate the process alone.
Find out more about Education Tribunal appeals.
The terminology depends on where your child is educated.
England uses Special Educational Needs, or SEN, and Education, Health and Care Plans, or EHCPs.
Wales uses Additional Learning Needs, or ALN, and Individual Development Plans, or IDPs.
The two systems have similarities, but they are based on different legislation and have different processes and appeal routes.
If you are unsure which system applies to your child, we can help you understand what support may be available.
That is completely understandable.
You do not need to know all the legal terminology or understand the education system before asking for help.
If you are concerned that your child’s needs are not being recognised, that they are struggling to access education or that the support being provided is not enough, we can help you understand the situation and identify what options may be available.
You know your child best. We can help you understand their rights and make sure their needs are properly heard.
Every child and family is different, and there is no substitute for advice based on your individual circumstances.
If you have a concern about your child’s education, SEN support, EHCP, school placement or an appeal, our specialist education solicitors can help you understand what to do next.
You do not have to navigate the education system alone. We are here to listen, explain your options and support you every step of the way.
