Many SEND parents are speaking out — saying they’ve been referred to social services not for neglect or harm, but for trying to protect their child’s mental health. In some cases, parents have been reported for:
- Challenging a school about unmet SEN needs
- Requesting part-time timetables to support recovery from anxiety
- Keeping their child home due to EBSA (Emotionally Based School Avoidance)
- Raising concerns with Ofsted
This is frightening — and it’s happening more often than many people realise.
Why Are Referrals Increasing?
There are several pressures behind this:
- School accountability: Schools must justify absences and exclusions, which can lead to defensive referrals.
- Funding gaps: Lack of support can lead to behavioural escalations, which schools struggle to manage.
- Policy misunderstandings: Some professionals don’t understand EBSA or SEND law, so interpret mental health absences as neglect.
- Referral targets: While not officially documented, many parents suspect schools and professionals are under informal pressure to make a certain number of referrals.
What Does the Law Say?
1. Section 17 of the Children Act 1989
This law says local authorities must provide services to support “children in need” — which includes many SEND children. If your child has high needs or mental health struggles, you are entitled to support — not punishment.
Use this law to request help rather than be investigated:
- Ask for an assessment under Section 17
- Emphasise that your child is a child in need, not at risk
2. Section 47 of the Children Act 1989
This is the section used when there is suspected harm or abuse. But in many SEND cases, there’s no safeguarding concern — only a misunderstanding of the child’s needs. You have the right to:
- See all referral records
- Provide your own evidence (e.g. CAMHS reports, EHCP, private assessments)
- Challenge any misleading or inaccurate information
3. The SEND Code of Practice (2015)
The code is clear: schools must work in partnership with families and use reasonable adjustments to support attendance and engagement. Threatening parents with referrals for advocating for their child is not lawful.
4. Right to Home Educate / Use of Section 19
If your child is too anxious to attend school, the local authority still has a legal duty under Section 19 of the Education Act 1996 to provide a suitable education — even if that’s at home or via tuition.
What Can You Do If It Happens to You?
- Stay calm and gather evidence – Record all communication with the school or social workers. Keep emails, notes from meetings, and reports.
- Ask what triggered the referral – You have a right to know what concerns were raised and by whom.
- Clarify your intentions – Make it clear that you’re protecting your child’s mental health, not refusing to engage. Share any diagnoses, CAMHS referrals, or EHCP evidence.
- Request a Section 17 Assessment – Flip the script: show that you need support, not suspicion. Request support under the Children in Need framework.
- Contact SEND support charities – Organisations like IPSEA, SOS!SEN, and Contact can help you advocate.
- Use AskEllie.co.uk – Our free AI assistant helps you write letters, understand your rights, and prepare responses.
Final Thought
No parent should fear a knock on the door for doing what’s best for their child. The law is meant to protect vulnerable children — and that includes children with SEND who are struggling with school-based trauma, anxiety, or unmet needs.
If you’ve had social services involved simply because you’re advocating for your child — you are not alone, and you may have legal protections.
Visit www.AskEllie.co.uk for help, templates, and step-by-step guidance.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For individual concerns, consult a qualified legal advisor or advocate.
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