Noddy No Nonsense Guide to SEN Law

What is it?

The guide sets out SEN law as it applies in England.  The guide has been around for 15+ years and underwent a major update in 2022.  It is intended to be as straightforward a guide to SEN law as possible.

The aim is to bring together the relevant legal provisions, the codes of practice, Government guidance and case law (principally from the High Court and, latterly, the Upper Tribunal).  This version covers the law as it was introduced in England in 2014:

• The Children and Families Act 2014 (CFA2014)
• The Special Educational Needs and Disability Regulations 2014 (SI 2014/1530) (Regs2014)
• The SEN Code of Practice (COP2015)) relating to Education and Health Care Plans (EHCPs) and
• Department for Education Guidance “SEND: 19- to 25-year-olds’ entitlement to EHC plans” published on 21 February 2017 (Guidance19-25) (which must be read alongside and be applied in accordance with CFA2014 and COP2015: IPSEA v Secretary of State [2003] EWCA Civ 7)

Why might it be of interest?

It’s still not an easy read but the content is primarily presented in a question and answer format which will most likely make it a bit easier to find answers to specific questions.  I used it myself, for example, to extract a bit more information on what a waking day curriculum means legally and to produce a document with that information in it.

It’s important for us, as parents, to have as much knowledge about SEN law as we can as we may well be challenging the LA around our young person’s provision and this document definitely helps with that.  It has a glossary and links to other relevant documents.