Demystifying the SEN Nightmare – Top Tips for Parents
Released On 11th Mar 2025
Misconception 1: Your Child’s School Will Automatically Provide the Support They Need
Many parents assume that if their child has special educational needs, their school will immediately provide all necessary support. Unfortunately, this is not always the case. While schools have a legal duty to provide reasonable adjustments, the level of support varies, and some children require an EHCP to access the right resources. Schools often have limited funding and staff trained in SEN provision, which means that some children’s needs can go unmet without extra intervention. Even when schools offer support, it may not be sufficient or tailored to your child’s specific needs. This is why it’s important to be proactive in advocating for your child’s education and ensuring that their school follows through on commitments.
Top Tip: If you believe your child needs additional support, document their struggles and progress, communicate regularly with the school, and seek professional advice on whether an EHCP application is necessary. Keep a record of all meetings, emails, and school reports to build a strong case for additional support. If you encounter resistance, seek legal assistance from our education law specialists to ensure your child receives the education they are entitled to.
Misconception 2: Only Children in Specialist Schools Need an EHCP
EHCPs are not just for children in specialist settings; they are crucial for securing additional support within mainstream schools as well. Many children with SEN thrive in mainstream environments with the right provisions in place, such as one-on-one support, speech and language therapy, or assistive technology.
However, many schools may not be able to provide the level of support needed without an EHCP in place. Without this legal document, additional resources can be difficult to secure, leaving children without adequate support. An EHCP ensures accountability and guarantees that your child receives the necessary interventions to help them reach their potential. An EHCP can also provide support beyond education, including healthcare and social care services, helping to create a more holistic plan for your child’s development and well-being.
Top Tip: If your child is struggling in a mainstream setting, an EHCP can ensure they receive tailored interventions while remaining in their current school. Keep a log of their challenges and any interventions that have been attempted and seek professional assessment to strengthen your application – we can help with this!
Misconception 3: EHCPs Are Automatically Delivered Without Intervention
Many parents assume that once an EHCP is in place, all the provisions outlined—especially those in Section F (which details the specific support a child must receive)—will be implemented without issue. However, this is often not the case. Local Authorities (LAs) have an absolute legal duty to ensure the provision in Section F is delivered, yet many fail to do so.
LAs cannot delegate this responsibility, and if a school or other provider does not deliver what is outlined, the legal duty still remains with the LA. Unfortunately, families often find themselves having to fight to get the support their child is entitled to. Disputes over unmet EHCP provisions are one of the most common reasons for legal challenges against LAs.
Top Tip: If your child’s EHCP is not being properly implemented, you may need to take action to ensure their rights are upheld. You should do this by keeping records of missing support, missed therapy sessions, and the impact on your child, as well as raising concerns in writing and requesting formal meetings. If the LA continues to fail in its duty, legal intervention may be necessary.
