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Children with special educational needs have real, enforceable rights, and as a parent you have an important role in securing support. Schools are expected to identify and help pupils with special educational needs and to use their best endeavours to make suitable provision, usually starting with support arranged by...
Guidance for United Kingdom. General information, not legal advice.
My son is struggling at school and I believe he has special educational needs that are not being met. What are my rights and how do I get him the support he needs?
Children with special educational needs have real, enforceable rights, and as a parent you have an important role in securing support. Schools are expected to identify and help pupils with special educational needs and to use their best endeavours to make suitable provision, usually starting with support arranged by the school itself. Where a child may need more help than the school can provide from its own resources, you, or the school, can ask the local authority to carry out an education, health and care needs assessment. If the assessment shows it is needed, the local authority issues an education, health and care plan, which is a legal document that sets out your child's needs and the specific provision that must be made to meet them, and the authority has to secure that provision. Crucially, you have rights to be involved in the process and to challenge decisions.
If the local authority refuses to assess, refuses to issue a plan, or you disagree with what a plan says about your child's needs or the support and school named in it, you generally have a right of appeal to the Special Educational Needs and Disability Tribunal. There are deadlines for appealing, and free help is available from local information and support services. Keep records of your concerns and the school's responses, and put requests in writing. This is general guidance rather than advice on your son's specific situation.
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Answers here are general legal information, not legal advice, and reading or posting does not create a solicitor-client relationship. For advice on your situation, book a consultation with a verified lawyer.
