Special Educational Needs: support in England
This House of Commons Library briefing sets out the system of support for children and young people in England aged 0-25 with special educational needs (SEN).

Information on: challenging decisions about special educational needs in England; resolving disputes about what a school/ LA is or is not doing for a child with SEN
This information should not be relied upon as legal or professional advice. Read the disclaimer.
This article is mainly concerned with children and young people who have complex special educational needs and who have (or who are trying to obtain) an Education, Health and Care (EHC) plan.
For more general information see Special Educational Needs: support in England
There are a number of specialist charities that offer online or telephone help on SEND issues:
Every area also has an independent advice and support service (IASS) that is independent from the local authority:
Anyone who is considering making a formal appeal to the Tribunal (more on which below) should get specialist individual advice.
There is statutory guidance on resolving disagreements on SEND provision and the contents of EHC plans in part 11 of the Department for Education’s SEND Code of Practice: 0-25 years.
There are several pathways for parents and carers who haven’t been able to resolve a SEND issue by talking to the school or college:
The most appropriate route(s) will depend on the details of the case; there’s more in the section below about what the Tribunal can consider.
For some types of appeal to the Tribunal, parents, carers or young people will be required to show proof of having contacted a mediation adviser before appealing.
The charity, IPSEA, has a range of resources and template letters for addressing problems with SEND provision.
Only certain SEND decisions can be appealed to the Tribunal. These are:
Appeals can also be made about the contents of an EHC plan, specifically:
Tribunal appeals must usually be registered within 2 months of the local authority sending the relevant decision notice, or within one month of the date of a certificate which has been issued following mediation or the parent or young person being given mediation information, whichever is the later. The Tribunal can exceptionally extend this deadline, if there were compelling reasons why the case couldn’t be brought in time.
The SEN appeal process is time-limited to 12 weeks from the point of lodging the appeal, in most cases.
Decisions of the First Tier Tribunal are binding, although the Upper Tribunal can consider appeals on points of law.
The First Tier Tribunal has specific powers under the Children and Families Act 2014, as amended. It may:
Statutory guidance for schools and local authorities on school exclusion can be found in the following document:
Children and young people can only be excluded from school for disciplinary reasons. DfE statutory guidance is that schools should avoid, as far as is possible, permanently excluding children with EHC plans.
The statutory guidance further says:
It is unlawful to exclude or to increase the severity of an exclusion for a non-disciplinary reason. For example, it would be unlawful to exclude a pupil simply because they have additional needs or a disability that the school feels it is unable to meet, or for a reason such as: academic attainment / ability […] (p9)
The Commons Library does not intend the information in this article to address the specific circumstances of any particular individual. We have published it to support the work of MPs. You should not rely upon it as legal or professional advice, or as a substitute for it. We do not accept any liability whatsoever for any errors, omissions or misstatements contained herein. You should consult a suitably qualified professional if you require specific advice or information. Read our briefing for information about sources of legal advice and help.
This House of Commons Library briefing sets out the system of support for children and young people in England aged 0-25 with special educational needs (SEN).
This note outlines arrangements for students with learning difficulties and disabilities in post -16 education in England. It gives an overview of policy in this area and current funding arrangements. It also discusses the proposals in the 2011 SEN and Disability Green Paper, Support and aspiration: A new approach to special educational needs and disability.
What type of support should be available for children who might have special educational needs (SEN)?