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News, resources & informed opinion about Special Educational Needs, disability, children’s physical and mental health, rare disease.
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Special Needs Jungle
Home SEND Legal FAQs & Research

SIGN THE 2026 PETITION TO SAVE SEND LEGAL RIGHTS!
SEND Legal FAQs & Research

SEND Legal FAQs & Research

This page contains all our SEND legal FAQs, answered by the amazing team at IPSEA. If you would like to ask a question, find out how here. NB: If your query is urgent, please visit IPSEA, SOSSEN, or use your local IAS service. Sometimes, you may need to use an expert SEND solicitor. These professionals are fully qualified and regulated. You can also search for open access SEND research

Below, you can also find a glossary of SEND terms, and a list of SEND research that is either open access, or that we have previously requested to make open access. There are also summaries of research that are not open access.

You can also use the search facility that is specifically for this section.

Additionally, we are using Zotero to catalogue further open access SEND research and information. You can find our collection here. If you love research and law and want to volunteer for us to maintain this section of the website, get in touch

Search our SEND knowledgebase

Advocacy

Attendance

Disability Discrimination

EHCP Appeals

EHCPs

Exclusions

Glossary of SEND Terms

Personal Budgets

Post-16 Provision

Provision

Research

School Admissions

SEND Assessments

SEND Placement

SEND Transport

Wales ALN

  • Can I record school meetings?
  • Can I still advocate for my 15 year old daughter?
  • How to find a parent advocate / SEN lawyer
  • Questioning professionals in the lead up to a SEND Tribunal
    • What should the school be doing when my child cannot attend school due to their anxiety?
        • Is my ADHD son being discriminated against for his behaviour?
        • Is my ADHD son being discriminated against for his behaviour?
        • Where can I get help with a disability discrimination claim?
        • A case of Educational Negligence?
        • Can The LA Make Amendments To The EHCP Which Differ From The Tribunal Order?
        • Can you still appeal Section I if your parental choice is named with conditions?
        • How would a tribunal make a judgement as to which reports to consider?
        • Is the adopting LA allowed to change section I of the EHCP without our consent?
        • Refusal to issue an EHC Plan what can we do?
        • Refused an EHCP for college!
        • Should the family spend money on a SEND Lawyer?
        • The LA has not submitted their evidence to the Tribunal by the due date what can we do?
        • The LA has refused to complete an EHCNA claiming his needs can be met via a Health plan, is this correct?
        • The LA responsible for an EHCP does not have to be the same local authority responsible for social care
        • We are going to tribunal but awaiting a date, we sent our original final plan that has no named placement. What should we do next?
        • Where can I get advice on managing my appeal?
        • Which case law can I use in my refusal to issue an EHCP appeal?
        • Who should we use as an expert witness?
        • Applied for Statement, now at Appeal, should it be a Statement or EHC Plan?
        • Can an EHC Plan be issued without an Educational Psychology assessment?
        • Can funding for Irlens equipment such as glasses be applied for within the EHCP and how?
        • Can I apply for an EHCP if I home educate my daughter?
        • Can I see the minutes from the EHCP decision panel
        • Can my child attend a school outside my local area?
        • Can my Home-Ed Child qualify for an EHC Plan?
        • Can My LA Refuse To Issue A Personal Budget?
        • Can the LA change the name of the placement in Section I of an EHC Plan?
        • Can the LA use include my son's savings as an income?
        • Can the LA withhold an EHCP until other strategies have been tried?
        • Can the local authority change the wording of the provision in an EHCP?
        • Can we apply for an EHCP?
        • Can we name a school in an EHC Plan that is 2 hours away from our home?
        • Confused about the sections in an Education, Health and Care Plan
        • Confusion over the school's SEN funding request at our child's review
        • How Soon After The Annual Review Meeting Should We Receive A Response From The LA?
        • I am not happy with the draft EHC plan, what can I do?
        • If my 'Post 19' daughter gets an EHCP will her college place be funded?
        • If we move abroad, what happens to my child's EHC Plan?
        • Is an EHCP more than a short-term target?
        • Is my child with a mental health condition eligible for an EHC Plan?
        • Must schools spend £6000 on support before requesting an EHC assessment for a child?
        • My daughter has dyslexia, can I apply for an EHCP?
        • My daughter's draft EHCP is vague
        • Our Case Officer said my son's Asperger syndrome wasn't an SEN!
        • Should the LA come to our Annual Review?
        • Should the LA specify the needs and provision in an EHC Plan?
        • The LA has refused to assess my daughter, what can we do next?
        • What are some practical examples of needs for an EHC Plan that cannot be met from normally available school resources?
        • What can I do if an EHCP has been in the "draft" stage for over 1 year?
        • What do I need to know about the new EHC Plan?
        • What does a good description of needs in the 'Independence' section look like?
        • What is the defintion of 'Education' used in the Education Health and Care Plan?
        • What is the difference between s19 EOTAs and s61 EOTAS in an EHCP?
        • When can we apply for a school place?
        • Where can I find information about the Personal Budget?
        • Who can I ask to check our draft Statement or EHC Plan?
        • Who is responsible for implementing the provision in the EHC Plan?
        • Can my son be excluded from school for refusing to complete a task?
            • Academy
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            • Early Years Foundation Stage (EYFS)
            • Early years provider
            • Education Funding Agency (EFA)
            • Education, Health and Care plan (EHC plan)
            • Elected members
            • First-tier Tribunal (Special Educational Needs and Disability)
            • Free school
            • Further education (FE) college
            • Graduated approach
            • Health and Wellbeing board
            • Healthwatch England
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            • Information, Advice and Support Services
            • Joint Strategic Needs Assessment
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            • Personal Budget
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            • Youth Justice Board (YJB)
            • Youth Offending Team (YOT)
            • How Can I Spend my Personal Budget?
            • The LA has capped my direct payments what can I do?
              • Can a student aged 19 receive funding from the Local Authority?
              • Can The College Force My Son To Attend A Placement Not Named In His EHCP?
              • My son with Down's needs a college place to nurture his talent
              • Parents involvement between the ages of 16-18
                • ASK IPSEA: My child's OT provision in his plan is being discontinued. What can I do?
                • ASK IPSEA: What happens to their support when a disabled child moves to a new area?
                • Can a parent request funding to pay for external support?
                • Can I buy my daughter the laptop specified in her EHCP, but that hasn’t been provided?
                • Can we withdraw the consent when a specialist teacher is specified in Section F of the EHC plan?
                • Does a young person need an EHCP to get extra support in an FE college?
                • Does the LA have to maintain the provision in the EHCP if parents are home educating?
                • How can I ensure my child’s in-school therapy is provided by a professional?
                • How can I obtain the appropriate SEND support for my child?
                • How can I stop the reduction in my son's Occupational Therapy provision?
                • I need help to get the school to enforce a statement
                • Is specifying the provision in section F of an EHCP a legal requirement?
                • My son's support assistant is untrained!
                • Provision hours for 1:1 support
                • What happens to the personal budget when a child is excluded?
                • What should I do if the school do not provide a graduated approach?
                • Who is responsible for implementing the provision in the EHC Plan?
                • Who is legally responsible for making sure what is in the EHCP is implemented?
                • Who Owns The Equipment Specified In Section F Of The EHCP?
                • Whose duty is it to provide the provision in the EHCP?
                • Whose responsibility is it to source my daughter's provision within her EHCP?
                Research: autistic spectrum disorders
                Research: Child Development
                Research: long term conditions
                Research: Mental Health
                Research: Paediatric Medicine
                Research: Rare Disease
                Research: Therapy
                Research: Undiagnosed conditions
                Research:SEND Research
                • A systematic review of the behavioural outcomes following exercise interventions for children and youth with autism spectrum disorder
                • Cognitive Behavioural Therapy for anxiety in youth with an autism spectrum disorder
                • Drawing links between the autism cognitive profile and imagination: Executive function and processing bias in imaginative drawings by children with and without autism
                • Experiences of diagnosing autism: A survey of professionals in the UK
                • Immune mediators in the brain and peripheral tissues in autism spectrum disorder
                • Onset of psychiatric disorders in mothers after the birth of a child with autism
                • Plugged in: Electronics use in youth and young adults with autism spectrum disorder
                • Separating ‘emotion’ from ‘the science’: Exploring the perceived value of information for parents and families of children with autistic spectrum disorder
                • Sex differences in pre-diagnosis concerns for children later diagnosed with autism spectrum disorder
                • The effect of ‘Autistic Spectrum Disorder’ labels on the responses of college students towards peers
                • The experiences and needs of female adults with high-functioning autism spectrum disorder
                • Theory of mind predicts severity level in autism
                • Neurobehavioural effects of developmental toxicity
                • Report on children with disabilities in the digital environment (2019)
                  • Children With Chronic Conditions: Ideas about Condition Management
                  • Hypermobility and Musculoskeletal Pain in Adolescents
                  • Hypermobility: A Cause of Joint Pain in Children and Adolescents
                  • Ivabradine in the treatment of postural tachycardia syndrome (POTS), a single center experience
                  • Joint hypermobility syndrome is a risk factor trait for anxiety disorders: a 15-year follow-up cohort study
                  • Research: AI, welfare, climate and inequality: What could shape disabled people’s lives in the UK over the next 20 years?
                  • Targeted next-generation sequencing makes new molecular diagnoses and expands genotype-phenotype relationship in Ehlers-Danlos syndrome
                  • Suicide in children and young people in England: a consecutive case series
                      • Care taker blogs in caregiver fabricated illness in a child: a window on the caretaker's thinking?
                      • Common skin and bleeding disorders that can potentially masquerade as child abuse
                      • Improvement in functioning and psychological distress in adolescents with Postural Orthostatic Tachycardia Syndrome following interdisciplinary treatment
                      • Juvenile Fibromyalgia: A Primary Pain, or Pain Processing, Disorder
                      • Pharmacologic Treatment of Pain
                      • Social concerns in children being investigated for chronic intestinal pseudo-obstruction
                      • Clinical management of achondroplasia
                      • Improvement in functioning and psychological distress in adolescents with Postural Orthostatic Tachycardia Syndrome following interdisciplinary treatment
                      • Psychiatric disorders in Ehlers–Danlos syndrome are frequent, diverse and strongly associated with pain
                      • The supportive care needs of parents caring for a child with a rare disease
                      • Unexpected association between joint hypermobility syndrome/Ehlers–Danlos syndrome hypermobility type and obsessive–compulsive personality disorder
                      • Using Online Health Communication to Manage Chronic Sorrow: Mothers of Children with Rare Diseases Speak
                      • A wellness program for individuals with disabilities: Using a student wellness coach approach
                      • Efficacy and safety of acupuncture in children: an overview
                      • Treating a child with cerebral palsy using the ‘Rhythmical Intention’ method
                      • Respectful communication by geneticists important for parents of children with Undiagnosed Disorders
                          • Inclusive special education: development of a new theory for the education of children with SEND
                          • Network training for a boy with learning disabilities and behaviors that challenge
                          • The placement of statemented secondary school students in the diversified system of English schooling
                          • Can we delay our sons from starting in year 1?
                          • How do I apply for a grammar school place?
                            • Accepting independent reports
                            • Can a Child be Assessed for an EHCP in Anticipation of Needs?
                            • Can a local authority refuse to consider an independent report?
                            • Can an EHC Plan be issued without an Educational Psychology assessment?
                            • Can I request an EHC needs assessment request when my daughter does not attend a school?
                            • Can I Request And Insist The LA Obtain The OT Assessment?
                            • Can my 22 year old grandson with autism get an EHCP?
                            • Can my Local Clinical Commissioning Group Refuse to Accept a Private Diagnosis?
                            • Do I have let the LA assesses my child during the EHCNA?
                            • Does the school have to spend £6000 before an EHCNA is requested for a child?
                            • How can I get a second opinion so my son can be assessed?
                            • How do I know if we have reasonable support?
                            • Late EHCP drafts and extensions timescales for amendments
                            • My Child's Father Is Trying To Block An EP Assessment
                            • My son's school has turned him down for extra time in exams, what can we do?
                            • Should I be told about experts observing my child in school?
                            • Should I request a statutory assessment for my child?
                            • Should social care assess my daughter as part of the EHC needs assessment?
                            • Should the Local Authority ensure my daughter's SEND are Holistically Assessed?
                            • There was no EP assessment during the EHCNA assessment process, what can I do?
                            • What happens during an EHC needs assessment?
                            • What happens to assessments during the summer holidays?
                            • What options do I have following the annual review?
                            • When applying for an EHCNA can we ask the LA to consider our EP report?
                            • Who applies for an EHCP if parents live in a different Local Authority to the School ?
                            • Who is responsible for the EHCP when a child moves from one area to another?
                            • Are the LA legally allowed to withdraw my son’s place at his current school whilst we are engaged in mediation?
                            • Are Tribunal placement decisions portable?
                            • Can an alternative provision be named in an EHC Plan?
                            • Can I be forced to send my child to a special school?
                            • Can my child attend a school outside my local area?
                            • Can The College Force My Son To Attend A Placement Not Named In His EHCP?
                            • Can The LA Specify When A School Place Will be Available?
                            • Can the parents challenge the LA to force the school of their choice to take him?
                            • Can we name a school in an EHC Plan that is 2 hours away from our home?
                            • Flexi-schooling for SEN children
                            • Has our daughter been discriminated against by her choice of college?
                            • How do I move my daughter from a special school to a mainstream school?
                            • How do I request a change of placement?
                            • I'm not happy with my son's school
                            • Is it true that a student with an EHCP can not attend an alternative provision for more hours a week than they are in school?
                            • LA refusing our placement choice for our clever but challenged son
                            • Moving to a new area
                            • What can I do if an EHCP has been in the "draft" stage for over 1 year?
                            • What is an "efficient use of resources"?
                            • What type of placement can be named in Section I of the EHC Plan?
                            • When do the new SEND rules apply to us?
                            • Whose responsibility is it to source a new school?
                            • Are there guidelines for SEN transport?
                            • SEN Transport is causing anxiety!
                            • Where do we stand legally if we ask our employer for flexible working arrangements?
                            • We have moved from England to Wales where can we get help?
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                                • Beyond EHCPs: Why Inclusion Needs More Than a Document
                                  By Sharon Smith
                                  In Co-production, EHCP, Inclusion, Schools White Paper, SEND Education, Sharon Smith, Working with parents
                                  September 11, 2026
                                • The Unacceptable Truth: 20 SEND legal rights at risk from the Government’s SEND reforms
                                  By Tania Tirraoro
                                  In EOTAS, Save Our Children's Rights, Schools White Paper, SEND Politics, special needs, Tania Tirraoro
                                  September 9, 2026
                                • How health and family support systems are failing children starting school
                                  By Twinkl SEND
                                  In Early Years, Parenting, special needs, Twinkl
                                  September 7, 2026
                                • WEBINAR RECORDING! The implications for children’s legal rights to EHCPs and EOTAS of the Government’s SEND proposals
                                  By Special Needs Jungle
                                  In EOTAS, Schools White Paper, SEND Politics, special needs, Webinars
                                  September 3, 2026
                                • When things go right: Shining a light on SEND Practitioners making a positive impact [Giveaway!]
                                  By Tristan Middleton
                                  In About Tristan, Columnists, Exemplary Practice, Reviews, special needs
                                  August 31, 2026
                                • From suspicion to support: why the Government’s child protection reforms matter for disabled children
                                  By Special Needs Jungle
                                  In Fabricated or Induced Illness FII, Guest Posts, Parenting, SAFEGUARDING, Social care, special needs
                                  August 28, 2026
                                • Have your say on the future of transport for disabled children and young people
                                  By Special Needs Jungle
                                  In accessibility, POST16, SEN Transport, SEND & Health Research
                                  August 25, 2026
                                • Unison voices major concerns over SEND reform health plans for sick and disabled children out of school in the EOTAS consultation
                                  By Special Needs Jungle
                                  In EOTAS, Health, Schools White Paper, SEND Politics, special needs
                                  August 24, 2026
                                • Top Tips for the EOTAS & EHCP consultation: Protect your child’s rights to statutory SEND support
                                  By Matt Keer
                                  In About Matt, EOTAS, Schools White Paper, SEND Politics, special needs
                                  August 19, 2026
                                • Navigating constraints: Why a former PCF chair thinks the current model is missing the mark for families
                                  By Renata Watts
                                  In Co-production, Guest Posts, parent-carer forums, special needs
                                  August 12, 2026
                                • Dear Secretary of State for Education, Lucy Powell: an Open Letter from Special Needs Jungle and SEND legal charity SOS!SEN
                                  By Tania Tirraoro
                                  In Save Our Children's Rights, Schools White Paper, SEN & Disability Charities, SEND Politics, special needs
                                  August 4, 2026
                                • Research: Disabled young people define inclusive education as “learning in the place that’s right for them”
                                  By Tania Tirraoro
                                  In Further Education, Guest Posts, Inclusion, POST16, Schools White Paper
                                  July 30, 2026
                                • Why every child deserves Portage, wherever they’re born
                                  By Sharon Smith
                                  In Early Years, Guest Posts, portage, Schools White Paper, SEND Education, SEND Politics, Sharon Smith, special needs
                                  July 24, 2026
                                • Mainstream SEND Funding: A simple explainer, another consultation, and why it really matters
                                  By Matt Keer
                                  In About Matt, Schools White Paper, SEND funding, special needs
                                  July 22, 2026
                                • What might the SEND reform proposals mean for specialist tutors, alternative provision and EOTAS?
                                  By Special Needs Jungle
                                  In Alternative Provision, EHCP, EOTAS, Guest Posts, Online learning, personal budgets, Schools White Paper, SEND Education, special educational needs, special needs
                                  July 20, 2026

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                                Legal FAQs

                                • Research: AI, welfare, climate and inequality: What could shape disabled people’s lives in the UK over the next 20 years?
                                • The LA responsible for an EHCP does not have to be the same local authority responsible for social care
                                • What is the difference between s19 EOTAs and s61 EOTAS in an EHCP?
                                • Refused an EHCP for college!
                                • Is my ADHD son being discriminated against for his behaviour?
                                • Is my ADHD son being discriminated against for his behaviour?
                                • How can I ensure my child’s in-school therapy is provided by a professional?
                                • Can the LA change the name of the placement in Section I of an EHC Plan?
                                • Does the LA have to maintain the provision in the EHCP if parents are home educating?
                                • Can you still appeal Section I if your parental choice is named with conditions?
                                • What should the school be doing when my child cannot attend school due to their anxiety?
                                • If we move abroad, what happens to my child’s EHC Plan?
                                • When applying for an EHCNA can we ask the LA to consider our EP report?
                                • We have moved from England to Wales where can we get help?
                                • Where can I get help with a disability discrimination claim?
                                • What can I do if an EHCP has been in the “draft” stage for over 1 year?
                                • What type of placement can be named in Section I of the EHC Plan?
                                • Can I be forced to send my child to a special school?
                                • Can an alternative provision be named in an EHC Plan?
                                • How do I request a change of placement?

                                Resource Listings

                                • National Autistic Society
                                • Team Around The Child
                                • Me and my Brain
                                • HSR Psychology
                                • RareConnect
                                • About Dyspraxia/Dyspraxia About
                                • Centre for ADHD & Autism Support
                                • The Children’s Reflexology Programme for Additional Needs
                                • Caregiver’s Corner
                                • My Kid Loves Broccoli
                                • piles of paper in purple with a teacher at a laptop top left and a child readingbottom rightBeyond EHCPs: Why Inclusion Needs More Than a Document
                                  By Sharon Smith
                                  In Co-production, EHCP, Inclusion, Schools White Paper, SEND Education, Sharon Smith, Working with parents
                                  September 11, 2026
                                • 20 Rights at RiskThe Unacceptable Truth: 20 SEND legal rights at risk from the Government’s SEND reforms
                                  By Tania Tirraoro
                                  In EOTAS, Save Our Children's Rights, Schools White Paper, SEND Politics, special needs, Tania Tirraoro
                                  September 9, 2026
                                • EYFS Teacher with childHow health and family support systems are failing children starting school
                                  By Twinkl SEND
                                  In Early Years, Parenting, special needs, Twinkl
                                  September 7, 2026
                                • screenshot from webinar recordingWEBINAR RECORDING! The implications for children’s legal rights to EHCPs and EOTAS of the Government’s SEND proposals
                                  By Special Needs Jungle
                                  In EOTAS, Schools White Paper, SEND Politics, special needs, Webinars
                                  September 3, 2026
                                • image of the book cover shows a Black teacher and disabled studentWhen things go right: Shining a light on SEND Practitioners making a positive impact [Giveaway!]
                                  By Tristan Middleton
                                  In About Tristan, Columnists, Exemplary Practice, Reviews, special needs
                                  August 31, 2026
                                • a cut-out family graphic overlaid with a gavelFrom suspicion to support: why the Government’s child protection reforms matter for disabled children
                                  By Special Needs Jungle
                                  In Fabricated or Induced Illness FII, Guest Posts, Parenting, SAFEGUARDING, Social care, special needs
                                  August 28, 2026
                                • A DISABLED GIRL IN A WHEELCHAIR BEING STRAPPED INTO A WAVHave your say on the future of transport for disabled children and young people
                                  By Special Needs Jungle
                                  In accessibility, POST16, SEN Transport, SEND & Health Research
                                  August 25, 2026
                                • ill child in a red colourisation overlaid with the sentences: "who is responsible for providing it""how will it be put in place?” "how will it be put in place?"Unison voices major concerns over SEND reform health plans for sick and disabled children out of school in the EOTAS consultation
                                  By Special Needs Jungle
                                  In EOTAS, Health, Schools White Paper, SEND Politics, special needs
                                  August 24, 2026
                                • a light bulb and text saying "top tips" with the post title against a green backgroundTop Tips for the EOTAS & EHCP consultation: Protect your child’s rights to statutory SEND support
                                  By Matt Keer
                                  In About Matt, EOTAS, Schools White Paper, SEND Politics, special needs
                                  August 19, 2026
                                • Navigating constraints: Why a former PCF chair thinks the current model is missing the mark for families
                                  By Renata Watts
                                  In Co-production, Guest Posts, parent-carer forums, special needs
                                  August 12, 2026
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