Know Your Rights
If your child has SEND, schools, councils, employers and public services all have legal duties to follow. Here’s what they should provide, and what you can ask for.
01
Your child's rights in education
What schools and local authorities should afford you, and support you with.
Schools must, by law:
- Monitor pupil progress
- Assess needs where concerns arise
- Provide SEND support where needs are identified
- Review that support regularly
Remember
Right to request an EHC Needs Assessment
Parents and carers have the legal right to request an Education, Health and Care Needs Assessment directly from the local authority.
Local authorities must review EHCPs at least annually, and involve parents and young people in the process.
If an EHCP is issued, provision must be delivered
Local authorities have a legal duty to secure the educational provision specified in an EHCP, even if services are difficult to arrange.
Right to request a school placement
Parents can request a particular school when an EHCP is issued. The local authority must name that school unless specific legal exceptions apply.
Right to appeal SEND decisions
Parents and young people can appeal to the SEND Tribunal about:
Refusal to assess · Refusal to issue a plan · Provision in the plan · Named school
02
Under the Equality Act
Protections from disability discrimination, for your child and for you.
Protection from disability discrimination
Schools and public services must not treat disabled children and adults unfavourably because of their disability.
Duty to make reasonable adjustments
Schools and services must take reasonable steps to prevent disabled pupils being placed at a substantial disadvantage.
Protection for parents at work
Employees must not be treated unfairly at work because they care for a disabled child.
03
To information and involvement
Your right to know, and to be heard.
Parents must be involved in SEND decisions
Schools and local authorities must involve parents in decisions about SEND support, and take their views into account.
Local authorities must publish a Local Offer
Every local authority must publish information about SEND services available in the area and how families can access them.
04
In the workplace
What you can ask of your employer as a parent carer.
Good employer practice includes:
- Open conversations about care responsibilities and wellbeing
- Emergency care plans for unpredictable SEND care needs
- Adjustments to hours or duties to prevent disadvantage
Right to request flexible working
A statutory right from your first day of employment. You can make two requests every 12 months to manage care arrangements, and employers must deal with them in a reasonable time.
Employers must consider requests reasonably
A flexible working request can only be refused for a specific business reason set out in law, and employers must explain their decision.
Rights only work when you can use them
If you’re not sure where to start, or a school or service isn’t listening, speak to Slough SENDIASS, read through our list of local and national support, or contact us for further signposting.
