Understanding SEND and Your Rights

What's the difference between the law versus policy?

It’s also important to understand the difference between law and policy: these things are not the same. 
A law is a set of rules Parliament makes that must be followed. For example, the Children and Families Act 2014 is a law. Understanding the distinction between law and policy is important because they are not the same.
A policy may be backed by specific legislation but can never supersede the law. It can also be a set of rules adopted by an organisation. A local authority or an Integrated Care Board can establish a local policy outlining how it will fulfil its legal obligations (such as a local SEND policy). Still, it cannot create a policy that conflicts with or supersedes the law.
It is imperative that no public body is exempt from the law. Mistakes and poor decisions are a part of human nature. It is vital that every individual child, young person, and family has the means to challenge public authorities when they get things wrong.

Make a complaint about a SEND service

First, contact the person you have been dealing with or their manager. Most problems can be resolved this way.
You might need to talk to people such as:
  • your special educational needs coordinator (SENCO) at the school
  • your social worker
  • your health visitor
  • another specialist worker, like your EHC plan coordinator

Get support

You can get help from SEND Information, Advice and Support Service (SENDIASS) 
Your local Healthwatch if it is related to Health or Social Care. You can contact them at the following links:
 

If you haven’t been able to sort things out, you may need to make a formal complaint.

  • Complain about a delay to a service.
  • Complain about the cost of a service.
  • Complain about the poor standard of service.

 

Please choose the relevant area from the links below to learn more.

 

Further support and template letters.