Legal Rights and SEN Support: What Parents Need to Know

Understanding SEN

Special Educational Needs (SEN) is a term used to describe the additional needs of children who require extra support in their education due to a physical, emotional, or learning disability. These needs may affect a child's ability to learn, communicate, or interact with others. In the UK, there are legal rights and entitlements in place to ensure that children with SEN receive the support they need to reach their full potential.

The Equality Act 2010

The Equality Act 2010 is a piece of legislation that protects individuals from discrimination, including children with SEN. Under this act, schools and educational institutions have a legal duty to make reasonable adjustments to ensure that children with SEN are not at a disadvantage compared to their peers. This may include providing additional support, making changes to the physical environment, or providing alternative methods of learning.

Education, Health and Care (EHC) Plans

Education, Health and Care (EHC) plans are legal documents that outline the special educational needs of a child and the support they require. These plans are created by the local authority in collaboration with parents, the child, and professionals involved in their education. EHC plans provide a clear framework for the support that a child with SEN should receive, including any additional services or therapies they may require.

SEN Support in Schools

All schools in the UK have a legal obligation to provide SEN support for children with additional needs. This support can take various forms, including:

• Extra help in the classroom, such as additional teaching assistant support or modified learning materials

• Individualized learning plans

• Access to specialist services, such as speech and language therapy or occupational therapy

• Adaptations to the curriculum or teaching methods

Dispute Resolution

If parents are unhappy with the level of support their child is receiving or have concerns about their child's SEN provision, there are several steps they can take to resolve the issue. This may include:

• Speaking to the school's Special Educational Needs Coordinator (SENCO) to discuss concerns and explore possible solutions

• Requesting a meeting with the school's governing body to raise concerns and seek resolution

• Mediation, where an independent mediator helps to facilitate communication and reach a mutually agreed solution

• Making a formal complaint to the school or local authority

• Appealing to the Special Educational Needs and Disability Tribunal if all other avenues have been exhausted

Conclusion

Understanding the legal rights and entitlements of children with SEN is crucial for parents to ensure that their child receives the support they need to thrive in the education system. The Equality Act 2010 and EHC plans provide a framework for schools and local authorities to meet the needs of children with SEN, while dispute resolution processes offer avenues for parents to address any concerns or issues. By being aware of their rights, parents can advocate effectively for their child and ensure that they receive the support they are entitled to.