The Children and Families Act 2014, the SEND Code of Practice, and what you can challenge.
7 min read
The SEND Code of Practice (2015) is statutory guidance that schools, LAs, and other organisations must have regard to. It covers children and young people aged 0-25 with SEND. Key principles include: taking the views of children and parents into account, enabling participation in decision-making, collaboration between education, health and social care, and early identification and intervention. If a public body departs from the Code without good reason, that can be challenged.
You have a legal right to be involved in decisions about your child's education. This means the school must consult you before making significant changes to support, you must be invited to every review meeting, you must be given sufficient notice and information to participate fully, and your views must be genuinely considered. If you feel excluded from decision-making, you can raise this with the school or LA in writing.
Any parent or carer can request an EHC needs assessment from their local authority. The LA must consider every request. If they refuse, they must tell you why and inform you of your right to appeal. You do not need a formal diagnosis. You do not need the school's support. You can make the request yourself using a simple letter or email.
When an EHCP names a placement, you can request a school or setting to be named. The legal test and refusal reasons depend on the type of institution, so check the SEND Code and get advice if the LA refuses your preference. For many maintained schools, academies and certain special schools, the LA can only refuse for specific legal reasons such as unsuitability, inefficient education of others, or inefficient use of resources.
You can appeal to the SEND Tribunal if the LA refuses to assess, refuses to issue an EHCP, issues a final plan with appealable sections you disagree with, or ceases an existing plan. The appeals process is free. You do not need a solicitor, though legal advice from organisations like IPSEA can be very helpful. You can also submit a formal complaint and escalate eligible complaints to the Local Government and Social Care Ombudsman.
Last reviewed: 18 June 2026
