Special Educational
Needs and
Disability
Know Your Rights
The Special Educational Needs Code of Practice
The Code of Practice sets out the steps a school or setting should take to meet your child’s needs. It is available free of charge from the Department for Children, Schools and Families on 0845 60 222 60 or at www.direct.gov.uk
The Code of Practice says:
- all children with special educational needs should have their needs met
- the special educational needs of children are normally met in mainstream (ordinary) schools or early education settings
- your views should be taken into account and the wishes of your child should be listened to
- you have a vital role in supporting your child’s education
- children with special educational needs should get a broad, well balanced and relevant education, including the foundation stage curriculum (for children aged 3 to 5) or the National Curriculum (for children added 5 to 16).
The Code of Practice outlines your right to:
- take part in all decisions about your child’s education
- information and advice at all stages
- play an appropriate part in your child’s education
If you have concerns
It is important that you, your child’s school or setting and the Local Authority work together to meet the needs of your child. Your child’s views should be considered.
If you are not happy about any decisions that have been made, you should first approach the school or setting. You can contact your local Parent Partnership Service who can offer you advice and information relating to your child’s special educational needs. Disagreement can usually be resolved quickly.
There are further steps you can take to resolve a disagreement or to make a complaint. Each school or setting will have a complaints procedure that parents/carers can follow. Local Authorities must provide access to dispute resolution services.
If you feel that your child has been discriminated against because of their disability, you can contact the Commission for Equality and Human Rights for advice and information or to access their independent Conciliation Service (helpline: 0845 6046610) or visit their website at www.equalityhumanrights.com
Below you can read your rights of appeal to the SENDIST (Special Educational needs and Disability Tribunal) SEN helpline 0870 241 2550, Discrimination helpline 0870 606 5750 or www.sendist.gov.uk
If you feel that the Local Authority have not performed their duties properly towards you or your child, you have the right to contact the Local Government Ombudsman who may investigate the complaint on your behalf. The Local Government Ombudsman for the North of England Advice Team can be contacted on 0845 602 1983.
As a last resort you can complain to the Secretary of State. The local Parent Partnership Service can tell you how to do this.
The Special Educational Needs & Disability Tribunal (SENDIST)
Is independent of the Local Authority. It considers parents’ appeals against the decisions made by the Local Authority about a child’s special educational needs (SEN). It also considers disability discrimination claims against a school, setting or Local Authority.
You have two months after receiving a Local Authority decision about your child’s special educational needs to send in an appeal to the Tribunal.
You can appeal to the Tribunal about a disability discrimination issue when a school, setting or Local Authority discriminates against your child in relation to;
- admissions
- exclusions; or
- education and services linked to education
You have six months from when the alleged discrimination took place to send in an appeal. The deadline is eight months if you use the Commission for Equality and Human Rights Conciliation Service during this time.
Further information and advice can be obtained from:
- The Code of Practice on Special Educational Needs www.direct.gov.uk
- The Parent Partnership Service - your Local Authority can put you in touch with this service.
- ACE - The Advisory Centre for Education www.ace-ed.org.uk
- IPSEA - Independent Panel for Special Educational Advice www.ipsea.org.uk
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Meeting
the Needs of Children & Young People - Introduction 
Special Education Needs - Support in School
Statutory Assessments and Statements of Special Educational Needs
Special Educational Needs and Disability Know Your Rights
