The law
Understanding the law will help you in your journey through special educational needs and disabilities system.
This page brings together the key elements of the law and Government guidance:
Legislation
This is primary law that has received Royal Assent.
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These enforce and support the requirements of the legislation
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Statutory guidance
These set out what organisations must do to comply with the law
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Legislation
Care Act 2010
The Act sets out in one place, local authorities’ duties in relation to assessing the needs of adults and their eligibility for publicly funded care and support.
Children and Families Act 2014
The Act gives children, young people, and their parents and carers, greater control and choice from birth up to the age of 25.
Equality Act 2010
The Act legally protects people from discrimination. It replaced previous anti-discrimination laws with a single Act.
Mental Capacity Act 2005
The Act protects and empowers adults over 16 who may lack the mental capacity to make their own decisions.
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Regulations
The Special Educational Needs and Disability Regulations 2014
These Regulations are the main set of Regulations underpinning the Children and Families Act 2014.
The Special Educational Needs (Personal Budgets) Regulations 2014
This is a special set of Regulations dealing with personal budgets and direct payments.
The Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017
The Regulations provide the SEND Tribunal with the power to handle appeals against local authority decisions regarding special educational needs.
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Statutory guidance
Special Educational Needs and Disability Code of Practice
The law is set out and expanded upon in the Code of Practice (the “Code”). It provides much more detail on the legal framework relating to SEND.
Wherever in the Code it says a local authority, school or college:
1 – Must do something – then it is referring to compulsory obligations which are set out in the Act or the Regulations
2 – Should do something – this is statutory guidance
Other relevant guidance
- Alternative provision
- Ensuring a good education for children who cannot attend school because of health needs
- Exclusion from maintained schools, academies and pupil referral units
- Home to school travel and transport
- Post-16 transport and travel support to education and training
- Reasonable adjustments for disabled pupils
- Supporting pupils at school with medical conditions
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