Your Rights as a Parent
Parents have statutory rights over their children's education and welfare under the Education Act 1996, the Children and Families Act 2014, and the Children Act 1989. If your child may have special educational needs, you (or your child if a young person) can request that the local authority secure an Education, Health and Care (EHC) needs assessment — an assessment of educational, health care and social care needs. If the authority refuses to assess, decides an EHC plan is not necessary, or you disagree with what a plan specifies, you can appeal to the First-tier Tribunal, subject to a mediation step. You also have rights to express a preference for your child's school, to be consulted and involved if social services become involved with your family, and to educate your child at home without needing local authority permission, provided the education is suitable. Jurisdiction: England (Wales, Scotland, and Northern Ireland have separate SEN/ALN frameworks).
Last updated: 2026-03-01
Your Rights
Right to Choose a School
You have the right to express a preference for your child's school. The local authority must comply with your preference unless the school is full, your child does not meet the admissions criteria, or admission would prejudice the provision of efficient education. Appeals can be made to an independent admissions appeal panel.
Right to SEN Support
If your child has special educational needs or a disability, you have the right to request an Education, Health and Care (EHC) needs assessment. If an EHC plan is issued, the local authority must provide the support specified in it. You can appeal to the SEND Tribunal if you disagree with a decision.
Right to Information
You have the right to access your child's school records, receive reports on their progress, be informed of exclusions, and be consulted on significant changes affecting your child's education.
Right to Be Involved in Social Services Decisions
If social services become involved with your family, you have the right to be informed, consulted, and to participate in assessments and child protection conferences. You can bring a supporter or advocate. You have the right to complain and to seek legal advice.
Right to Home Educate
You have the right to educate your child at home (elective home education). You do not need the local authority's permission, but must provide a suitable education. The local authority can make informal enquiries.
Common Myths
Schools can refuse to accept my child with SEN
Maintained schools cannot refuse admission solely because a child has SEN. If an EHC plan names the school, the school must admit the child.
Social services can take my children away without going to court
Social services cannot remove children without either parental consent or a court order (Emergency Protection Order or Police Protection powers for immediate danger only).
What To Do
Request an EHC Assessment
Write to your local authority requesting an EHC needs assessment for your child. They must respond within 6 weeks.
Appeal to the SEND Tribunal
If you disagree with an EHC decision, register an appeal with the SEND Tribunal within 2 months.
Seek Advice
Contact IPSEA (Independent Provider of Special Education Advice) or your local Parent Carer Forum for free advice.
Key Legislation
- Education Act 1996
- Children and Families Act 2014
- Children Act 1989
- Equality Act 2010
Useful Contacts
Frequently asked questions
- Can I choose which school my child attends?
- You can express a preference for your child's school, but the local authority may refuse if the school is full, your child does not meet admissions criteria, or admission would prejudice efficient education. If your preference is not met, you can appeal to an independent admissions appeal panel. Maintained schools cannot refuse admission solely because a child has special educational needs.
- How do I get special educational needs support for my child?
- If your child has special educational needs or a disability, you can request an Education, Health and Care (EHC) needs assessment from your local authority. They must respond within six weeks. If an EHC plan is issued, the local authority must provide the specified support. You can appeal decisions to the SEND Tribunal within two months if you disagree.
- What information am I entitled to receive from my child's school?
- You have the right to access your child's school records, receive progress reports, and be informed of exclusions. Schools must consult you on significant changes affecting your child's education. These rights are established under the Education (Pupil Information) (England) Regulations 2005, ensuring you remain involved in your child's educational journey.
- Can social services take my children away without a court order?
- Social services cannot remove children without parental consent or a court order. In cases of immediate danger, they may use Emergency Protection Orders or Police Protection powers. You have the right to be informed, consulted, and to participate in assessments and child protection conferences. You may bring a supporter or advocate and seek legal advice.
- Where can I get free advice about my child's education or social services involvement?
- You can contact IPSEA for free legally based advice on special educational needs, or Coram Children's Legal Centre for free legal advice on children's rights. If social services are involved, the Family Rights Group offers advice for families. These organisations provide support to help you understand and exercise your rights effectively.