Securing SEN support in schools
Helping families secure the educational support, adjustments and provision children need to thrive in school.
Experts in turning educational needs into meaningful support and provision.
Every child with special educational needs should receive the support they need to access education and reach their potential. However, families can often face challenges where support is not being provided, needs are not being properly identified or there are disagreements about the level of assistance required.
Schools and local authorities have legal duties to identify and support children with special educational needs, whether through SEN Support, an Education, Health and Care Plan (EHCP) or other forms of provision. Understanding what support should be available and how to secure it can be complex, particularly where a child’s needs are changing or existing arrangements are not working effectively.
Our specialist education solicitors advise families on all aspects of securing SEN support in schools.
- Trusted and nationally recognised special educational needs specialists with decades of experience.
- Clear, practical support at every stage, helping families navigate complex SEN processes.
- Extensive experience across all SEN appeals, including EHCPs, school placements and provisions and SEND Tribunal proceedings.
- Transparent and flexible fee structures, including capped fee options where appropriate.
Your child's right to SEN support in school
Every school has a legal duty to identify and support pupils with special educational needs. While the level of support required will vary from child to child, schools should take reasonable steps to ensure children with SEN can access education, participate in school life and make progress alongside their peers.
Support may be provided through SEN Support arrangements or, where a child has more complex needs, through an EHCP. Depending on a child’s circumstances, support can include:
Additional teaching or learning support;
Specialist interventions and programmes;
Speech and language, occupational or other therapies;
Reasonable adjustments to teaching, timetables or school policies;
Assistive technology or specialist equipment;
Support with communication, behaviour or social interaction;
Access arrangements for assessments and examinations; and
Provision specified within an EHCP.
Common issues with SEN support in schools
While many schools work hard to support pupils with special educational needs, families can sometimes encounter difficulties in accessing the support their child requires. Problems can arise at any stage of a child’s education and, if not addressed, may have a significant impact on their learning, wellbeing and progress.
Some of the most common issues include:
Failure to identify special educational needs at an early stage;
Insufficient SEN support that does not adequately meet a child’s needs;
Delays in securing assessments or specialist input;
Lack of appropriate interventions, therapies or adjustments;
Failure to implement the provision set out in an EHCP;
Disagreements about the level of support required;
Difficulties securing a suitable school placement;
Attendance, behaviour or exclusion issues linked to unmet needs; and
Poor communication between schools, local authorities and families.
In many cases, concerns develop gradually, with parents noticing that their child is struggling academically, socially or emotionally despite support being in place. Where this happens, it is important to understand what support should be available, whether the school is meeting its responsibilities and what options are available to address any shortcomings.
SEN support in schools FAQs
What should I do if I think my child’s school is not providing enough support?
If you believe your child is not receiving enough support, you should raise your concerns with the school as soon as possible, usually through your child’s teacher or SENCO. It can be helpful to request information about the support currently in place and how it is being reviewed.
If the support remains inadequate, it may be appropriate to seek further assessments, request additional provision or consider whether an EHCP is required or needs reviewing if you already have one. Our specialist education solicitors can advise on your options and help ensure your child’s needs are properly identified and supported.
Can a school refuse to support a child with SEN?
No. A school cannot simply refuse to support a child because they have special educational needs. Schools have a legal duty to identify and support pupils with SEN and must take reasonable steps to meet their needs.
The support available will depend on each child’s individual circumstances and may include adjustments, targeted interventions or specialist input. If a child’s needs cannot be met through SEN Support alone, it may be appropriate to consider further assessments or an Education, Health and Care Plan (EHCP).
Can a school exclude a child because of their special educational needs?
A school cannot exclude a child simply because they have special educational needs or a disability. However, a child with SEN can be excluded where the school follows the correct legal process and considers the circumstances leading to the exclusion.
Where behaviour, attendance or difficulties in school may be linked to a child’s unmet special educational needs, the school should consider whether appropriate support, adjustments or interventions have been put in place. Repeated exclusions may indicate that a child’s needs are not being properly identified or supported.
If your child is facing exclusion or has been excluded and you believe their SEN has not been properly considered, our specialist education solicitors can advise on your rights and the steps available to challenge decisions or secure appropriate support.
Can I challenge a school's decision about SEN support?
Yes. If you believe a school’s decision about SEN support does not properly meet your child’s needs, there are steps you can take to challenge it.
The first step is usually to discuss your concerns with the school’s SENCO, class teacher or headteacher and ask for an explanation of the support being provided and how your child’s needs are being reviewed. If concerns remain, you may wish to seek further assessments, request additional support or consider whether an EHCP is needed or whether an existing EHCP should be reviewed.
Obtaining specialist legal advice at an early stage can help you understand your child’s rights, identify the appropriate steps to take and resolve issues before they escalate. Our education solicitors can advise on the support your child should receive and help you work towards securing the right provision.
How often should SEN support be reviewed?
SEN support should be reviewed regularly to ensure it continues to meet a child’s needs and is helping them make progress. Schools should follow the graduated approach of assess, plan, do and review, working with parents, the child where appropriate and relevant professionals to understand what support is effective and what changes may be needed.
There is no set legal timeframe for reviewing SEN support, but it should happen often enough to ensure that provision remains appropriate. If a child’s needs change or the support in place is not achieving the desired outcomes, the school should consider whether additional support, further assessments or an EHC needs assessment may be required.
Where a child has an EHCP, the plan must be reviewed at least every 12 months through an annual review process. The purpose of the review is to consider whether the EHCP continues to accurately reflect the child’s needs, whether the provision remains suitable and whether any amendments are required.
What happens if a school does not follow an EHCP?
The provision specified in an EHCP is legally enforceable, and the school and local authority have a duty to ensure the support is delivered.
The first step is usually to raise concerns with the school’s SENCO and ask for an explanation of why the provision is not being provided. It may also be necessary to involve the local authority, particularly where the issue relates to provision they are responsible for arranging.
If the support continues not to be delivered, specialist advice can help you understand your options, including challenging failures to implement the EHCP and ensuring your child receives the provision they are entitled to.
Can a child with SEN attend a mainstream school?
Yes. Many children with special educational needs attend mainstream schools, and having SEN does not automatically mean that a child must attend a specialist setting.
Mainstream schools have a duty to make reasonable adjustments and provide appropriate support to enable children with SEN to access education alongside their peers. The right setting will depend on the individual child’s needs, the level of support required and whether their needs can be effectively met within a mainstream environment.
Where a child has an EHCP, the plan should set out the provision required to meet their needs and may name a specific school or type of placement. If there is disagreement about the most suitable placement, families may have the right to challenge the local authority’s decision through the SEND Tribunal.
How is SEN support funded in mainstream schools?
SEN support in mainstream schools is usually funded through a combination of the school’s own resources and additional funding where a child’s needs require it.
Schools are expected to use part of their delegated budget to provide support for pupils with SEN, including reasonable adjustments, targeted interventions and additional teaching or support. Where a child requires provision that goes beyond what a school can normally provide from its own resources, additional funding may be available through the local authority.
If a child’s needs are more complex or require a higher level of support, an EHCP may be appropriate. An EHCP can secure specified provision and place legal duties on the local authority to ensure that the support set out in the plan is provided.
Can a school refuse support because of funding constraints?
No. A school cannot refuse to provide appropriate SEN support simply because of funding constraints. Schools have a legal duty to identify and support children with special educational needs and must use the resources available to them to meet a child’s needs.
Where a child requires support beyond what a school can reasonably provide from its own resources, the school and local authority should consider whether additional funding, further assessments or an EHCP are required.
If a school says it cannot provide support because of cost or funding issues, it is important to understand whether the right steps have been taken to identify and meet your child’s needs. Our specialist SEN solicitors can advise families on their options and help ensure appropriate support is secured.
How much does Boyes Turner's SEN services cost?
The cost of our SEN services will depend on the specific circumstances of your case and the level of support you require. Every child’s needs and situation are different, so we provide tailored advice and offer flexible fee arrangements to ensure our support is appropriate for your circumstances.
We will discuss costs with you at the outset and provide clear information about the options available.
Please note that we do not offer legal aid.
Find out more about our fees and funding options.
Why use our solicitors for SEN support in schools?
- Specialist experience in SEN law: Our solicitors have extensive experience advising families on the legal framework surrounding special educational needs and the support children should receive in education settings. We provide clear, practical advice based on a detailed understanding of schools’ duties, local authority responsibilities and how SEN law applies in practice.
- Child-centred, practical solutions: Every child’s needs are different. We take the time to understand your child’s circumstances and provide tailored advice to help secure appropriate support, whether that involves challenging inadequate SEN provision, requesting additional assessments, securing an EHCP or addressing concerns about the implementation of existing support.
- Supportive and collaborative approach: The SEN process can be overwhelming. We work closely with families, schools, professionals and other advisers to ensure all evidence and communication is aligned and coherent. This collaborative approach helps streamline the process and strengthens your case.
- A leading full-service law firm: Boyes Turner is recognised by Chambers UK and The Legal 500 as a leading law firm. As a full-service firm, our specialist teams can support you with related legal needs where required, including Court of Protection, community care, medical negligence and private wealth, ensuring a cohesive and coordinated approach to your care.
Contact us
If you would like advice about a related matter, please complete the form and one of our SEN specialists will be in touch as soon as possible.
Please note we do not offer legal aid. Read about our fees.
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