When parents ask for support, many schools respond with the same line:
“We can’t do anything until your child has an EHCP.”
But here’s the truth: that’s not what the law says.
What is Section 66?
Section 66 of the Children and Families Act 2014 places a clear duty on schools. It says that schools, colleges, and other educational institutions must:
👉 Use their “best endeavours” to secure the special educational provision required by a child’s or young person’s needs.
This duty applies whether or not a child has an EHCP.
What “Best Endeavours” Really Means
“Best endeavours” doesn’t mean “if we feel like it” or “if funding allows.” It means schools must do everything that can reasonably be done to identify and support your child’s needs.
That could include:
- Adjusting lessons or teaching styles.
- Providing small group or 1:1 support.
- Allowing sensory breaks.
- Using technology to support learning.
- Involving outside specialists where needed.
Why This Matters
Too many families are told to “wait for an EHCP” while their child struggles. But Section 66 makes it clear: schools cannot sit back and do nothing.
Even without an EHCP, schools must act. They cannot use lack of funding, resources, or “policy” as an excuse to deny support.
What Parents Can Do
💡 If your child is struggling and the school is refusing support:
- Put your request in writing and quote Section 66 of the Children and Families Act 2014.
- Ask for evidence of what “best endeavours” the school has put in place so far.
- Request a review meeting to discuss what further support can be offered.
- If nothing changes, escalate to the Local Authority — and if needed, use the complaints process.
Final Thought
Section 66 is one of the most powerful parts of SEND law — but most parents are never told it exists. Knowing your rights means you can challenge schools that say “we can’t help” and make sure your child gets the support they deserve.
👉 Need help putting this into action? Download free template letters at AskEllie.co.uk.
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