By Annie Smith, Senior Human Rights Officer at BIHR
We hear a lot about human rights at the moment, for many different reasons and in many different contexts. Human rights matter too for people who have a disability.
But how do you understand what is an actual “human right” when it comes to special educational needs and disabled young people in the legal sense? And how would you pursue a breach of these rights when advocating for your disabled child or young person—or yourself if you are disabled.
The British Institute of Human Rights (BIHR) is a national charity working to enable positive change through the practical use of human rights law. Annie Smith is here to tell us more…
Using the HRA to defend your child’s rights to SEND support. By Annie Smith, BIHR Senior Human Rights Officer
When a child who uses a wheelchair is denied appropriate transport that would enable them to access an education, human rights matter.
When a parent is concerned about their entire family’s wellbeing because their requests for respite care for their autistic teenager have been refused, human rights matter.
When a teacher challenges a school policy banning fidget toys to help a student with additional needs to stay calm and focused during lessons, human rights matter.
At the British Institute of Human Rights (BIHR), we aim to promote and protect human rights across the UK. We do this by empowering people and communities to advocate for their legal rights, and by supporting organisations with public power to use a human rights-based approach across their work. We focus on the implementation of the Human Rights Act (HRA), which brings 16 rights enshrined in the European Convention on Human Rights into UK law. This includes rights that are fundamental to supporting children with special educational needs and disabilities (SEND) and their families.
Human rights and SEND
Why is the HRA relevant in SEND provision? Because it creates a legal duty on public services to respect, protect and fulfil human rights in their actions, decisions, and policies. In the SEND system, this duty sits with a range of bodies that can include local authorities, schools, tribunals, and central government departments.
The HRA also means that other laws concerning children’s SEND entitlements must be applied in a way that respects human rights. It can be a lifeline for families, enabling them to seek accountability and justice in their interactions with the state. That means not just for litigation, such as SEND appeals, but in everyday conversations with public officials.
Last year, BIHR started a blog series to provide practical and accessible information about how Human Rights Act advocacy can improve the lives of SEND families, carers, and campaigners. The series includes posts from BIHR about key rights in this area, with contributions from guests across the sector.
The BIHR SEND Advocacy series
BIHR’s HRA and SEND advocacy series currently contains seven articles covering a range of topics, including:
- The Human Rights Act as an accountability tool in SEND provision, with a focus on the right to private and family life, home and correspondence (Article 8 HRA);
- The right to be free from inhuman and degrading treatment (Article 3 HRA) and the use of restraint and seclusion in residential schools;
- A guest post from IPSEA on the right to be free from discrimination (Article 14 HRA) and the use of blanket policies in schools;
- The right to peaceful enjoyment of possessions (Article 1 Protocol 1 HRA) with a focus on fidget toys;
- The right to education (Article 2 Protocol 1 HRA) with a focus on school transport;
- Practical guidance on how to raise a human rights issue with public bodies, including template and example letters co-created with Sheffield SENDIASS.
- Using Human Rights Act advocacy to navigate uncertain times, as the UK Government hints at changes to the SEND system to be announced in an upcoming Schools white paper.
As we say in our latest post, human rights must be at the core of SEND support, now and in the future. We know that the HRA can be an important advocacy tool for children and families accessing, or trying to access, SEND support. We also know that any plans to change the SEND system should be compatible with the rights and duties set out in the HRA. Finally, we know that any attempts to weaken the protections provided by SEND law would see us turning to the HRA as an essential safety net, and we need to be ready to use it.
Click here to read BIHR’s blog series about the Human Rights Act and SEND advocacy.
Get involved and keep updated— take the BIHR SEND survey
BIHR would like to demonstrate the need for SEND and HRA advocacy support in our fundraising. You can help by filling in our short survey for SEND families, carers, and campaigners:
- Click here to join BIHR’s SEND Advocacy mailing list for our latest news, events, and resources.
- BIHR offers bespoke human rights capacity-building support for individuals, community groups, public bodies, and policy professionals across the UK. Click here to find out more about BIHR’s Human Rights Act and SEND workshops.
About the BIHR
The British Institute of Human Rights (BIHR) is a UK-wide charity working with individuals, community groups, public bodies and policymakers to enable positive change through the practical use of human rights law. Over the last 10 years we have trained over 10,000 staff including frontline health and care staff, senior leaders commissioners and regulators on human rights law.
Disabled Children’s Rights are Under Attack.
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Also read:
- Beyond EHCPs: Why Inclusion Needs More Than a Document
- The Unacceptable Truth: 20 SEND legal rights at risk from the Government’s SEND reforms
- How health and family support systems are failing children starting school
- WEBINAR RECORDING! The implications for children’s legal rights to EHCPs and EOTAS of the Government’s SEND proposals
- When things go right: Shining a light on SEND Practitioners making a positive impact [Giveaway!]
- From suspicion to support: why the Government’s child protection reforms matter for disabled children
- Have your say on the future of transport for disabled children and young people
- Unison voices major concerns over SEND reform health plans for sick and disabled children out of school in the EOTAS consultation
- Top Tips for the EOTAS & EHCP consultation: Protect your child’s rights to statutory SEND support
- Navigating constraints: Why a former PCF chair thinks the current model is missing the mark for families
- Dear Secretary of State for Education, Lucy Powell: an Open Letter from Special Needs Jungle and SEND legal charity SOS!SEN
- Research: Disabled young people define inclusive education as “learning in the place that’s right for them”
- Why my daughter’s SEND experience means we’ll take this consultation judicial review fight wherever it needs to go
- Legal challenge launched against government SEND proposals that “significantly weaken the legal rights of children and young people”
- The law on SEND HAS NOT changed! But restricting EHCPs would be legally-sanctioned gatekeeping and a decimation of rights
- Why the Human Rights Act matters when advocating for your child with SEND
- Why legal aid may now be available for SEND families challenging school exclusions
- When the LA wants to cease to maintain an EHCP: The law and some top tips
What kind of government is “bold” enough to scrap statutory EHCPs from vulnerable children?May 16, 2025
The SEND reforms in the Schools White Paper reveal rights given, and rights stripped awayFebruary 24, 2026
- WEBINAR RECORDING! The implications for children’s legal rights to EHCPs and EOTAS of the Government’s SEND proposals - September 3, 2026
- From suspicion to support: why the Government’s child protection reforms matter for disabled children - August 28, 2026
- Have your say on the future of transport for disabled children and young people - August 25, 2026
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