If your child has special educational needs or a disability you have the right to request an assessment and access support through your local authority.

 

What is SEND?

SEND covers a wide range of needs including learning difficulties, physical disabilities, sensory impairments, autism, speech and language difficulties and mental health conditions.

 

Your rights as a parent or carer:

You have the right to request an EHC needs assessment at any time You can request this from your local authority SEND team The council must decide within 6 weeks whether to carry out the assessment If they agree to assess they must complete it within 20 weeks

 

Early support:

If your child has SEND needs but does not yet have an EHC plan, they should receive SEN support through their school or nursery. Ask the school's Special Educational Needs Coordinator (SENCo) about the support available.

 

SENDIASS — Free independent advice:

Every local authority has a SENDIASS service providing free, impartial and confidential advice on SEND matters. See our Local Contacts page for SENDIASS contacts in your area.

 

Useful contacts:

IPSEA — Independent advice on SEND law Phone: 0800 018 4016 Website: ipsea.org.uk

 

Contact — Support for families of disabled children Phone: 0808 808 3555 Website: contact.org.uk

An Education, Health and Care (EHC) plan is a legal document that describes a child or young person's special educational needs and the support they must receive.

 

Who is an EHC plan for:

Children and young people aged 0–25 Those with significant SEND needs that cannot be met through standard SEN support in school

 

What an EHC plan contains:

A description of the child's needs across education, health and social care The outcomes the plan aims to achieve The specific support that must be provided The school or setting named to provide that support

 

Your rights regarding EHC plans:

You have the right to request an EHC needs assessment You have the right to name your preferred school in the plan You have the right to request a personal budget for the support in the plan The council must review the plan annually You have the right to appeal to the SEND Tribunal if you disagree with the plan

 

The EHC process — key timescales:

Request for assessment — council must respond within 6 weeks Assessment to draft plan — must be completed within 20 weeks You have 15 days to comment on the draft plan Final plan must be issued within 20 weeks of the original request

 

 

If you disagree with the plan:

Contact your local SENDIASS for free independent advice You can appeal to the First Tier Tribunal (SEND) Mediation must be considered before appealing IPSEA can provide free legal advice on appeals

Phone: 0800 018 4016

Website: ipsea.org.uk

Children's services use different levels of support depending on a child's needs and circumstances.

 

Child in Need — Section 17

A child is considered a child in need if they are unlikely to achieve or maintain a reasonable standard of health or development without support from children's services.

 

Support can include: Practical help at home Family support services Short breaks and respite Financial assistance in some circumstances

 

To request a Child in Need assessment contact your local children's services team — see our Local Contacts page for details for your area.

 

Child Protection — Section 47

If there are concerns that a child is suffering or at risk of suffering significant harm, children's services must carry out a Section 47 enquiry.

 

This may lead to: A child protection conference A child protection plan Legal proceedings in serious cases

 

Making a referral:

Anyone can refer a child to children's services if they have concerns about their welfare. Contact your local children's services team — see our Local Contacts page. In an emergency always call 999.

 

Your rights during the child protection process:

You have the right to be informed of any concerns You have the right to attend child protection conferences You have the right to be supported by an advocate You have the right to see records held about your child

 

Support organisations:

Family Lives — support for families under stress

Phone: 0808 800 2222

Website: familylives.org.uk

 

 

NSPCC — child protection advice and support

Phone: 0808 800 5000

Website: nspcc.org.uk

A child becomes looked after when they are placed in the care of the local authority. This can happen in different ways and for different reasons.

 

How a child becomes looked after:

Voluntary agreement — parents agree to the child being looked after temporarily (Section 20) Care order — a court orders the child to be looked after (Section 31) Emergency protection order — in cases of immediate risk

 

Types of placement:

Foster care — living with a trained and approved foster family Residential care — living in a children's home Kinship care — living with a relative or family friend approved as a carer Supported accommodation — for older young people aged 16 and over

 

Your rights as a looked after child:

You must have an allocated social worker You must have a care plan that is reviewed regularly You have the right to have your wishes and feelings heard and recorded You have the right to an Independent Reviewing Officer (IRO) who oversees your care plan You have the right to an Independent Visitor if you have little contact with your family You have the right to complain if you are unhappy with your care

 

Rights of parents:

Parents retain parental responsibility unless it is removed by a court You have the right to attend reviews of your child's care plan You have the right to legal representation in court proceedings

 

Support organisations:

Coram Voice — advocacy for children in care

Phone: 0808 800 5792

Website: coramvoice.org.uk

 

 

The Fostering Network — support for foster carers

Phone: 0207 620 6400

Website: thefosteringnetwork.org.uk

If you have been in care you have specific legal rights to support as you move into adulthood. The council that looked after you has a continuing duty to support you.

 

Who is a care leaver: Anyone who was looked after by a local authority for at least 13 weeks after the age of 14, including time after their 16th birthday.

 

Your entitlements by age:

Age 16–17:

You must have a Pathway Plan setting out your needs and how they will be met You must have an allocated Personal Adviser (PA) You are entitled to accommodation and financial support

 

Age 18–21:

Your Personal Adviser continues to support you You are entitled to financial support including a setting up home allowance You have the right to remain in your current placement if it is meeting your needs (Staying Put or Staying Close) You are entitled to support with education, employment and training

 

Age 21–25:

You can request support from your Personal Adviser up to age 25 You have the right to a new Pathway Plan if you want to return to education or training Local authorities must provide a local offer for care leavers — ask your council for details

 

Staying Put:

If you are in foster care you have the right to remain with your foster family until age 21 if both you and your foster carer agree.

 

Staying Close:

If you are leaving a children's home you may be entitled to supported accommodation nearby.

 

Support organisations:

Become — charity for children in care and young care leavers

Phone: 0800 023 2033

Website: becomecharity.org.uk

 

 

Catch22 — support for care leavers into employment and independence

Website: catch-22.org.uk

If you are unhappy with a decision or action by children's services you have the right to complain. Children's services complaints follow a specific statutory process.

 

Step 1 — Local Resolution

Raise your concern directly with the social worker or their manager. Many issues can be resolved informally at this stage. Ask for any decisions or agreements to be confirmed in writing.

 

Step 2 — Stage 1 Formal Complaint

Submit a formal written complaint to the council's children's services complaints team. The council must acknowledge your complaint within 3 working days. They must respond within 10 working days. See our Local Contacts page for children's services complaints contacts in your area.

 

Step 3 — Stage 2 Independent Investigation

If you are not satisfied with the Stage 1 response request an independent investigation. An independent investigator and independent person must be appointed. They have 25 working days to complete the investigation. This can be extended to 65 working days in complex cases.

 

Step 4 — Stage 3 Review Panel

If still not resolved request a review panel. The panel must meet within 30 working days. The panel will make recommendations to the council's director of children's services.

 

Step 5 — Local Government & Social Care Ombudsman

If you have exhausted the statutory complaints process escalate to the Ombudsman.

Phone: 0300 061 0614

Website: lgo.org.uk

 

SEND Tribunal:

If your complaint relates to an EHC plan or SEND provision you can appeal to the First Tier Tribunal (SEND) instead of or alongside the complaints process. Contact your local SENDIASS for free advice and support — see our Local Contacts page.

 

Support organisations:

Coram Voice — free advocacy for children and young people in the care system

Phone: 0808 800 5792

Website: coramvoice.org.uk

 

 

IPSEA — free legal advice on SEND complaints and appeals

Phone: 0800 018 4016

Website: ipsea.org.uk

Children's Continuing Care (CCC) is NHS funding for children and young people who have complex health needs that go beyond what education or social care can meet alone.

 

Who is it for:

Children and young people up to age 18 with complex, intense or unpredictable health needs Young people transitioning to adult NHS Continuing Healthcare at age 18

 

How it works:

A health needs assessment is carried out by the NHS If eligible the NHS funds a package of care to meet the child's health needs Care can be provided at home, in school or in a specialist setting The package is reviewed regularly as needs change

 

Your rights:

You have the right to request an assessment at any time You have the right to be involved in the assessment and care planning process You have the right to a Personal Health Budget to manage the care yourself You have the right to appeal if your child is found ineligible

 

Transition to adult CHC:

When a young person approaches 18 a transition assessment should be carried out This ensures continuity of funding and care into adulthood Adult NHS Continuing Healthcare is managed by the NENC ICB — see our Local Contacts page

 

How to request an assessment:

Contact the Children's Continuing Care team for your area.

Phone: 01642 746 848

Email: necsu.childrenscontinuingcare@nhs.net

 

If you disagree with a decision:

Request an internal review from the ICB Escalate to the Parliamentary & Health Service Ombudsman if not resolved Phone: 0345 015 4033

Website: ombudsman.org.uk

 

Support organisations:

Contact — support for families of disabled children

Phone: 0808 808 3555

Website: contact.org.uk

 

 

Together for Short Lives — support for children with life limiting conditions

Phone: 0808 8088 100

Website: togetherforshortlives.org.uk