One of the most common messages I receive from parents is:
“I wish someone had told me this sooner.”
The SEND system can feel overwhelming. Between schools, local authorities, health services and legal processes, many parents spend months—or even years—trying to work out what their child is actually entitled to.
The good news is that there are important legal rights designed to protect children with SEND and their families.
Here are five of the most important.
1. You Can Request an EHCP Assessment Yourself
Many parents believe they have to wait for the school to apply for an Education, Health and Care (EHC) needs assessment.
You don’t.
Under Section 36 of the Children and Families Act 2014, parents can write directly to their local authority requesting an EHC needs assessment.
You do not need the school’s permission.
If you believe your child may need an EHCP, you can make the request yourself.
2. Your Child Still Has a Right to an Education If They Can’t Attend School
Many families are told to simply wait while their child is too unwell, anxious or unable to attend school.
However, under Section 19 of the Education Act 1996, local authorities have a duty to arrange suitable education for children who cannot attend school because of illness, exclusion or “otherwise.”
For many children with EBSA (Emotionally Based School Avoidance), severe anxiety or unmet SEND needs, this can be an important legal protection.
3. SEND Can Be Relevant in School Attendance Cases
Many parents fear fines or prosecution when their child struggles to attend school.
Attendance law is complex, and every case depends on its own facts.
However, where non-attendance is linked to a child’s disability or unmet special educational needs, this may be highly relevant when decisions are made.
If you’re facing attendance action, it’s important to seek advice rather than assuming you have no options.
4. Schools Shouldn’t Wait for a Diagnosis Before Providing Support
This surprises many parents.
The SEND Code of Practice makes it clear that schools should identify and respond to a child’s needs—they should not delay support simply because a child is waiting for an autism, ADHD or other diagnosis.
Support should be based on need, not labels.
5. Your Child May Be Entitled to Free School Transport
School transport isn’t only about distance.
If your child’s SEND means they cannot reasonably walk to school or travel safely because of their needs, they may qualify for free home-to-school transport.
This is often overlooked by families who assume it only applies to children attending specialist schools.
Why Knowing Your Rights Matters
Many parents spend years fighting simply because they weren’t told what the law already says.
Understanding your rights helps you:
- Ask the right questions.
- Challenge incorrect information.
- Make informed decisions.
- Advocate confidently for your child.
Knowledge won’t solve every problem, but it can stop families feeling powerless.
You Are Not Alone
If you’re feeling overwhelmed by the SEND system, please remember that thousands of families are navigating the same challenges.
The law exists to protect children with SEND—but parents are rarely handed a guide explaining how it works.
That’s one of the reasons AskEllie exists.
We believe parents should understand their rights in plain English, without needing a law degree.
Need More Help?
If you’re looking for practical guidance on EHCPs, SEND law, DLA, PIP or navigating local authority decisions, visit AskEllie.co.uk.
Together, we can make sure more families understand the rights they already have.
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