What must schools provide for children with SEND?

Mainstream schools, academies and free schools must identify and support pupils with SEND. They must make reasonable adjustments under the Equality Act 2010, have a SENCO, and provide SEN Support through an Assess, Plan, Do, Review cycle. If a child has an EHCP, the school named in it must usually admit the child and the provision in Section F must be secured.

Can a school exclude a child because of their SEND?

Schools can suspend or permanently exclude pupils with SEND, but they must not discriminate and should consider whether unmet SEND, disability-related behaviour, reasonable adjustments, or missing support are part of what happened. Illegal exclusions, such as being asked to 'work from home' informally, should be reported to the local authority and can be challenged.

Is home-to-school transport free for SEND pupils?

Local authorities must arrange free home-to-school transport for eligible children of compulsory school age. SEND, disability or mobility needs can make a child eligible if they cannot reasonably be expected to walk to their nearest suitable school, even if accompanied. An EHCP is not required for this route. If refused, ask for the review or appeal process.

How do I appeal a local authority decision about my child's EHCP?

You can appeal to the SEND Tribunal. Before most appeals, you must contact a mediation adviser. The tribunal is free and you do not need a lawyer. You must appeal within 2 months of the decision letter or 1 month after the mediation certificate, whichever is later.

What is the SEND Code of Practice?

The SEND Code of Practice (2015) is statutory guidance that schools, local authorities, health and social care services must follow when supporting children with SEND. It covers ages 0–25 and sets out a graduated approach: Assess, Plan, Do, Review.

Education rights

Education rights for SEND families

The law gives children with SEND clear rights to support. Understanding those rights means you can advocate more effectively for your child.

If your child is unsafe, being repeatedly sent home, missing significant education, or school is discussing exclusion, ask for decisions in writing and seek advice quickly from SENDIASS, IPSEA, the local authority, or a safeguarding/medical route if there is immediate risk.

The SEND Code of Practice explained

The SEND Code of Practice (2015) is the statutory guidance that schools, local authorities, health and social care services must follow when supporting children with SEND.
It covers children and young people aged 0–25 and sets out a graduated approach to support: Assess, Plan, Do, Review (APDR).
Under the Code, schools must use their 'best endeavours' to ensure children with SEND receive the support they need. This is a legal duty, not a target.
Local authorities must publish a Local Offer describing what services and support are available in their area — you have a right to access this information.

What schools must provide

Mainstream schools, maintained schools, academies and free schools must identify and support pupils with SEND. They must make reasonable adjustments under the Equality Act 2010 and must not discriminate.
Mainstream schools and maintained nursery schools must have a Special Educational Needs Co-ordinator (SENCo). New-to-role SENCOs must complete the mandatory SENCO qualification within 3 years; since 1 September 2024 this is the SENCO National Professional Qualification (NPQ), replacing the National Award in SEN Co-ordination.
Where a child has SEND but no EHCP, the school must provide SEN Support — a cycle of assessing need, planning interventions, implementing them and reviewing outcomes.
Parents have the right to request information about their child's SEN Support at any time and to be involved in reviews.
If a child has an EHCP, the school named in it is legally required to admit the child (with limited exceptions). The provision specified in Section F of the EHCP must be delivered.

School transport for SEND pupils

Local authorities have a duty to arrange free home-to-school transport for eligible children of compulsory school age. Eligibility can depend on age, distance, route safety, low income, and whether the child can reasonably be expected to walk, even if accompanied.
A child does not need an EHCP, a special school place, or transport written into their EHCP to be eligible on SEND, disability or mobility grounds. The key question is whether they can reasonably get to their nearest suitable school.
If transport is refused, ask for the decision, policy and appeal process in writing. Councils should have a clear two-stage review or appeal process.
Personal transport budgets are available in some areas — these allow families to arrange their own transport and receive direct payment instead.

Exclusions and SEND

Schools can suspend or permanently exclude pupils with SEND, but they must not discriminate and should consider whether unmet SEND, disability-related behaviour, reasonable adjustments, or missing support are part of what happened.
Suspensions and permanent exclusions of pupils with SEND should be looked at carefully by governors and review panels.
If your child is excluded, you have the right to written reasons. For permanent exclusions, you can present your case to the governing board.
For suspensions over 5 school days, suitable full-time education should be arranged from the sixth school day for pupils of compulsory school age. For pupils with EHCPs, the support in the plan still matters.
Illegal exclusions — such as being asked to 'work from home' informally — should be reported to the local authority and can be challenged.

Challenging decisions and SEND tribunals

If you disagree with a local authority decision that carries a right of appeal — including refusal to assess, refusal to issue, or the contents of a final EHCP — you can appeal to the SEND Tribunal.
Before most appeals, you must contact a mediation adviser. You can then choose mediation or ask for a certificate and appeal. Placement-only appeals do not need mediation advice first.
The SEND Tribunal (First-tier Tribunal) is free to use and you do not need a lawyer, though specialist support from organisations like IPSEA or SOS!SEN can be valuable.
The tribunal can order the local authority to carry out an EHC needs assessment, issue an EHCP, or change the educational sections of a plan. It can also make non-binding recommendations about health and social care issues in some appeals.
Time limits apply: you must appeal within 2 months of the decision letter or 1 month after the mediation certificate, whichever is later.

Focused guides

School attendance, anxiety and EBSA

What to do when your child cannot reliably attend school because of anxiety, overload, masking, illness or unmet SEND needs.

9 min read

Informal exclusions and part-time timetables

How to spot unlawful exclusion by another name, and what to ask for when a school says your child cannot stay full time.

8 min read

Reasonable adjustments examples

Practical examples of changes schools can make so disabled children can access learning, routines and school life.

7 min read

Alternative provision and SEND

What alternative provision is, when it may help, and what to check before agreeing to a placement outside ordinary school.

8 min read

When SEN Support is not being delivered

How to move from verbal reassurance to written support, evidence, reviews and escalation when school says it is doing enough.

8 min read

Need help writing an appeal or challenge letter?

Our school appeals toolkit has ready-to-use ChatGPT prompts for mediation letters and tribunal statements of case.

Go to school appeals toolkit

Need more help?

Organisations like IPSEA, SOS!SEN and the National Autistic Society offer free advice and support for SEND families navigating education rights.

Back to all resources

Sources and further reading

SEND Code of Practice Mandatory qualification for SENCOs SEND Tribunal appeals School exclusions guidance Free school transport

Last reviewed: 18 June 2026