Your rights and our duties
Special educational needs and disabilities (SEND) affect many parts of family life. There are laws and guidance that explain how we must work. They all link together.
The main points are:
- Everyone who works with children and young people (0–18) and those with SEND (0–25) should understand the local SEND system and their role. SEND is everyone’s responsibility.
- Services should work together to improve outcomes for children and young people with SEND.
- Children, young people and their parents or carers should be at the centre of decisions. Plans should include hopes for adulthood.
- Clear information, advice and support should be easy to find and use.
- Families should be encouraged to take part in decisions about services.
- The council and the NHS Integrated Care Board (ICB) should review services and make improvements.
Key laws and guidance
- Children and Families Act 2014 – Services in education, health and care must work together to support children and young people with SEND up to age 25. It focuses on listening to wishes and feelings, and managing Education, Health and Care plans.
- SEND Code of Practice 2014 and 2015 – Guidance for organisations that support children and young people with SEND.
- SEND Regulations 2014 – Rules for assessing needs, providing support and sharing information.
- SEND (Personal Budgets) Regulations 2014 – Rules for using personal budgets and direct payments for support with Education Health and Care Plans.
Read the guides below for an easy explanation.
Care and transition
- Care Act 2014 – Councils must assess and support care needs, including planning for adulthood and young carers.
- Chronically Sick and Disabled Persons Act 1970 – Councils must provide welfare services for disabled people.
- Mental Capacity Act 2007 – Guidance for decisions about care and treatment for people over 16 who lack capacity. There is also guidance for 16 to 18 year olds with the Children Act 1989.
Equality and rights
- Equality Act 2010 – Protects people from discrimination and requires reasonable adjustments.
- Disability Discrimination Act 1995 and 2005 – Makes it unlawful to discriminate against disabled people in services
- NHS Accessible Information Standard – NHS and publicly funded adult social care organisations must identify, record, flag, share, and meet communication needs for people with disabilities, impairments or sensory loss.