An Introduction to SEN Law

Having a child with special educational needs (SEN) can be isolating. Sometimes parents don't know where to turn. There is a fog of misinformation, some even coming from school professionals and local authority officers who may genuinely believe that SEN entitlement is a matter of local policy and practice. Parents are commonly told, for example, that:   

•  their pre-school child is too young for consideration
•  their child does not meet the authority's criteria for help 
•  other children's needs are greater
•  the school should be able to cope 
•  authorities only have to deal with children in state schools
•  the special schools are full or closing, or that 
•  their authority is not doing Statements any more

None of these is a legally valid excuse for a local authority to fail to provide for a child with SEN.

The good news is that SEN is actually an issue highly regulated by law. For those with internet access at home, just a little clicking can come up with several sources of free legal information and advice. Those without internet access at home might be able to use local library internet facilities. The rights of parents with a child with SEN are now largely set out in the Education Act 1996 and supporting regulations. There is also a SEN Code of Practice to which local authorities must have regard and a considerable body of case law filling in the remaining gaps. Local authority policy should be about how the authority fulfils its statutory duties and achieves consistency of practice, not how it limits them.