Children with special educational needs and disabilities are being denied their legal right to have an EHC assessment and access subsequent specialist provision to reach their full potential. Councils are forcing parents into highly expensive, lengthy and stressful legal battles they can’t afford.
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All children with SEND are entitled to have their needs assessed under the Children and Families Act 2014 and SEND regulations. They should have an Education Health Care Plan to ensure they have the right support throughout their education. Yet councils refuse to assess children and issue plans. Instead they strategically opt to reject the majority of applications without consideration and spend out on legal fees for tribunals. All this in the hopes that parents will give up or run out of money.