"The hope you give parents is nothing short of a miracle"
SECTION 1 — FOUNDATIONS OF SEN LAW (1–10)Q: Do my child’s needs have to come first in SEN decisions?
A: Yes. Every decision in the SEN process must be based on your child’s needs, not on staffing, budgets, or school convenience. Q: Does my child need a diagnosis to receive SEN support? A: No. Support is provided based on identified needs, not on having a formal diagnosis. Q: Can I request an EHC needs assessment myself? A: Yes. Parents can request an assessment at any time and do not need the school’s permission. Q: Is the threshold for an assessment very high? A: No. The legal test is low: your child may have SEN and may require additional support. Q: Does an EHCP have to be specific in its wording? A: Yes. Vague wording is unlawful because it cannot be enforced. Provision must be detailed and clear. Q: Can I ask for a particular school to be named in the EHCP? A: Yes. You may request a mainstream, special, maintained, academy or approved independent school. Q: Is there a legal timescale for completing an EHCP? A: Yes. The full process should be completed within 20 weeks. Q: Should an annual review lead to changes if needed? A: Yes. If your child’s needs have evolved, the EHCP should usually be updated accordingly. Q: Can I appeal if I disagree with an SEN decision? A: Yes. You can appeal refusals to assess, refusals to issue, the contents of an EHCP, cease to maintain decisions, and placement decisions. Q: Am I expected to manage the SEN process entirely on my own? A: No. SEN law provides parents with rights, protections, and clear pathways to support. |
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