Schools Have Legal Duties
Whether your child has an EHCP, is on SEN Support, or has no formal plan, all schools have legal duties under the Equality Act 2010 and SEND Code of Practice 2015. This guide explains what schools MUST do.
📜 Key Legal Requirements:
- ✅ Identify children with SEND early
- ✅ Make reasonable adjustments to avoid disadvantage
- ✅ Provide appropriate support (SEN Support or EHCP)
- ✅ Include parents in decisions
- ✅ Listen to the child's views
- ✅ Review progress regularly
- ✅ Not discriminate against disabled pupils
⚠️ What "Reasonable Adjustments" Means:
Under the Equality Act 2010, schools must make reasonable adjustments for disabled pupils (this includes autism, ADHD, dyslexia, mental health conditions, physical disabilities).
Examples of reasonable adjustments:
- Extra time for tasks
- Use of a laptop/tablet for writing
- Movement breaks
- Quiet workspace for tests
- Visual timetables
- Fidget tools allowed
- Modified uniform (e.g., no tie for sensory reasons)
"Reasonable" means: Not causing undue difficulty or expense to the school. Most adjustments cost nothing.
The Graduated Approach
Schools should use a cycle called "Assess, Plan, Do, Review" for all children with SEND:
- ASSESS: Identify needs through observation, assessments, parent/child input
- PLAN: Decide what support to provide and set targets
- DO: Implement the support with trained staff
- REVIEW: Check if it's working, adjust if needed (every 6-12 weeks)
Then repeat the cycle. If progress isn't made, increase support or consider EHCP.
What ALL Teachers Should Do
Before any specialist support, all teachers should provide "Quality First Teaching" which benefits everyone, especially SEND pupils.
🎓 Quality First Teaching Includes:
- Clear instructions: Break tasks into small steps, check understanding
- Visual supports: Pictures, diagrams, written instructions (not just verbal)
- Structured lessons: Predictable routine, clear start/end
- Differentiation: Adjust work difficulty to match ability
- Positive behavior management: Praise what goes well, clear boundaries
- Accessible materials: Larger text, spacing, colored paper if needed
- Check for understanding: Don't assume—ask, observe, adapt
- Model examples: Show what "good" looks like
🧩 Autism-Friendly Classroom Strategies
All teachers should:
- Use visual timetables showing the day's schedule
- Give clear warnings before transitions ("5 minutes until break")
- Avoid vague language (say "put your book on my desk" not "tidy up")
- Provide quiet spaces for regulation (not as punishment)
- Understand meltdowns ≠ bad behavior (don't punish overload)
- Allow sensory tools (fidgets, ear defenders, chewy necklaces)
- Respect communication differences (may not make eye contact, need processing time)
⚡ ADHD-Friendly Classroom Strategies
All teachers should:
- Allow movement breaks (run an errand, stretch, wiggle)
- Seat near teacher, away from distractions (not by window/door)
- Give one instruction at a time (ADHD = poor working memory)
- Use timers for tasks (makes time visible)
- Provide written checklists (can't rely on memory)
- Allow fidget tools (helps concentration, not distraction)
- Avoid public correction (damages self-esteem further)
- Catch them being good (ADHD kids get mostly criticism—balance it)
📚 Dyslexia-Friendly Teaching
All teachers should:
- Allow laptops/tablets for writing (reduces writing burden)
- Provide reading overlays or colored paper (reduces visual stress)
- Use sans-serif fonts (Comic Sans, Arial) size 12-14pt
- Give extra time for reading/writing tasks
- Avoid reading aloud in class (causes anxiety)
- Mark for content, not spelling (or separate grades)
- Provide audiobooks as alternative to reading
SEN Support: What Schools Must Provide
If Quality First Teaching isn't enough, your child should move to SEN Support. This is additional support beyond what's normally available.
📋 What SEN Support Includes:
- Name on SEN register: School formally recognizes needs
- Regular meetings with SENCO: Plan and review support
- Individual interventions: Small group or 1-1 programs
- Support plan/IEP: Written targets and strategies (not legally required but good practice)
- Reasonable adjustments: Tailored to individual needs
- Involvement of specialists: Ed Psych, SEN team, external agencies if needed
- Parent involvement: Regular updates, reviews at least termly
🎯 What Should Be In a Support Plan/IEP
| Must Include |
Example |
| Specific targets |
"To complete 3 writing tasks per week with adult support" |
| Strategies to use |
"Provide visual prompt cards, allow laptop for writing" |
| Who will help |
"Class teacher + TA support 3x weekly" |
| When reviewed |
"Review meeting February 2025" |
| Success criteria |
"X completes tasks independently 70% of the time" |
🚨 Red Flags: Poor SEN Support
Warning signs school isn't providing adequate SEN Support:
- ❌ No written plan or targets
- ❌ You're not involved or consulted
- ❌ No review meetings (should be every term)
- ❌ "Wait and see" approach with no action
- ❌ Same strategies repeated despite no progress
- ❌ Support withdrawn without consultation
- ❌ No evidence of what's been tried
- ❌ Blame placed on child or parenting
- ❌ "We don't have resources" (not an excuse for legal duties)
⚠️ If SEN Support Isn't Working:
After 2-3 cycles (6-12 months) of SEN Support with little progress, school should either:
- Significantly increase support
- Request involvement from specialist services (Ed Psych, CAMHS, etc.)
- Discuss requesting an EHCP assessment
Don't accept years of "wait and see" with no improvement.
Evidence-Based Interventions
Schools should use proven programs delivered by trained staff. Here are examples of what works:
📖 Literacy Interventions
| Program |
Who It's For |
What It Does |
| Phonics screening |
Struggling readers (KS1) |
Intensive phonics catch-up |
| Reading Recovery |
Lowest 20% readers (Year 1) |
Daily 1-1 reading with specialist teacher |
| Toe by Toe |
Dyslexia, older pupils |
Structured phonics program (peer/TA delivered) |
| Precision Teaching |
Any reading difficulty |
Daily 10-min flashcard practice to build fluency |
| Nessy |
Dyslexia (KS2+) |
Computer-based multisensory reading/spelling |
🔢 Numeracy Interventions
| Program |
Who It's For |
What It Does |
| Numicon |
Dyscalculia, maths struggles |
Visual/hands-on maths learning |
| Times Table Rockstars |
Times tables (KS2) |
Gamified practice, builds automaticity |
| 1st Class @ Number |
Low attainers (KS1) |
Small group daily maths support |
| Catch Up Numeracy |
Primary/secondary gaps |
1-1 structured intervention program |
🗣️ Speech & Language Support
- NELI (Nuffield Early Language): Whole-class + targeted oral language program (Reception)
- Language for Thinking: Small group program for reasoning and vocabulary (KS1-2)
- Blank Levels Questions: Scaffolding comprehension questions
- Colourful Semantics: Visual sentence building for grammar
- Direct SLT: Speech therapist works with child (if commissioned by NHS/school)
🎭 Social & Emotional Support
- Socially Speaking: Teaching social skills (autism, social communication)
- ELSA (Emotional Literacy Support): TA trained in emotional wellbeing support
- Drawing & Talking: Art-based therapy for processing emotions
- Zones of Regulation: Self-regulation and emotional awareness
- Lego Therapy: Turn-taking, collaboration, communication through play
✓ What to Ask About Interventions:
- What specific program are you using?
- Who delivers it, and what training have they had?
- How often and for how long? (should be regular, not ad-hoc)
- How will progress be measured?
- When will we review if it's working?
Behavior Support & Exclusions
Schools often struggle with SEND pupils' behavior. Here's what they MUST do.
🧠 Understanding Behavior as Communication
SEND-related behavior is often:
- A response to unmet needs (sensory overload, anxiety, frustration)
- Communication when words fail
- A disability manifestation, not deliberate defiance
Schools must: Understand the why behind behavior, not just punish it.
📊 Functional Behavior Assessment
For persistent challenging behavior, schools should conduct an ABC analysis:
- A - Antecedent: What happened before? (trigger)
- B - Behavior: What did the child do?
- C - Consequence: What happened after? (what did behavior achieve?)
This identifies patterns. Example: Child leaves class during maths → avoiding something too difficult → need: differentiated work or maths support.
🛡️ What Schools Should Provide:
- Positive Behavior Support Plan: Proactive strategies, not reactive punishments
- Sensory breaks: Before overload, not as reward
- Safe spaces: Calm area to regulate (not isolation/punishment)
- Planned responses: Staff know what to do in crisis
- De-escalation training: Staff trained in calm responses
- Alternatives to detention: For SEND-related behavior
- Reduced timetable (only when necessary): As short-term support, not permanent exclusion
⚠️ Exclusions & Discrimination
Schools can exclude for serious incidents, but they must consider:
- Was behavior related to SEND? (meltdown vs deliberate violence)
- Have reasonable adjustments been made?
- Is there a pattern? (repeated exclusions = school not meeting needs)
Illegal discrimination includes:
- ❌ Excluding repeatedly for SEND-related behavior without support
- ❌ Permanent exclusion without exploring alternatives (managed move, EHCP)
- ❌ Informal exclusions ("collect them early," "keep them home today")
- ❌ Using isolation for extended periods
⚖️ Your Rights If Your Child Is Excluded:
- ✅ You can challenge the exclusion with school governors
- ✅ You can appeal to an independent panel
- ✅ Discrimination claims can go to tribunal (within 6 months)
- ✅ Work set should be provided from day 6 onwards
Get advice from IPSEA or local SEND team immediately.
How to Work Effectively With School
Good relationships with school make everything easier. Here's how to advocate without conflict:
🤝 Building a Good Relationship
- Start positive: Thank teachers when things go well
- Assume good intent: Most teachers want to help but may lack training
- Educate gently: Share resources, not just complaints
- Communicate clearly: Be specific about needs ("X needs movement breaks" not "school doesn't help")
- Offer solutions: Not just problems
- Keep records: But don't weaponize every interaction
📧 Effective Communication
Good email structure:
- Clear subject: "Request for meeting re: X's maths support"
- Acknowledge positives: "Thank you for working with X on..."
- State concern specifically: "I'm worried X is falling behind in maths—they scored 45% on last test"
- Suggest next step: "Can we meet to discuss additional support?"
- Stay factual: Avoid "you never..." or emotional language
- End positively: "I know we can work together to help X"
Always BCC yourself or send from email account you can access later.
🗓️ Meeting With School
Before the meeting:
- Write down your concerns and what you want
- Bring evidence (reports, examples of work, diary)
- Invite someone for support if nervous (friend, advocate)
- Read SEN Support plan/EHCP beforehand
During the meeting:
- Take notes or ask to record (gives you evidence)
- Ask clarifying questions: "What does that look like in practice?"
- Get specifics: "How many hours?" "Who will deliver it?" "When will it start?"
- Agree actions with dates: "SENCO to arrange Ed Psych by March 2025"
- Stay calm even if frustrated (harder to dismiss you)
After the meeting:
- Send follow-up email summarizing what was agreed
- Chase if actions aren't completed
🚨 When to Escalate
If reasonable communication fails, escalate:
- Teacher → SENCO → Head Teacher
- Head Teacher → Governors (formal complaint)
- Governors → Local Authority (if still unresolved)
- Serious issues: Ofsted (safeguarding), Ombudsman (maladministration), tribunal (SEND discrimination)
Don't threaten escalation unless you mean it. But don't be afraid to use it if needed.
Helpful Resources
🇬🇧 Organizations for School Support:
- IPSEA
www.ipsea.org.uk | Free SEND legal advice, school rights
- Contact (for disabled children)
contact.org.uk | 0808 808 3555 | Education rights helpline
- National Autistic Society
www.autism.org.uk | School discrimination, exclusions
- ADHD Foundation
www.adhdfoundation.org.uk | School strategies, training
- British Dyslexia Association
www.bdadyslexia.org.uk | School support guides
- Anti-Bullying Alliance
anti-bullyingalliance.org.uk | If your child is being bullied
- Coram Children's Legal Centre
www.childrenslegalcentre.com | 0300 330 5485 | Free legal advice on education
📋 Useful Documents:
- SEND Code of Practice 2015: Legal framework (GOV.UK)
- Equality Act 2010: Disability discrimination law
- School's SEND Policy: Should be on school website—read it!
- School's Behavior Policy: Check it mentions SEND considerations
✓ Final Tips for Success:
- Document everything: Emails, meeting notes, incident diary
- Know your child's rights: Equality Act, SEND Code—schools must follow them
- Be persistent but polite: You catch more flies with honey
- Build allies: Other parents, supportive teachers, outside professionals
- Look after yourself: Advocacy is exhausting—take breaks
- Trust your gut: You know your child best
- Don't give up: Your child deserves appropriate support
Final Thoughts
Most teachers genuinely care and want to help. But many are under-resourced, under-trained, and overwhelmed. Your advocacy ensures your child doesn't fall through the cracks.
You're not being "difficult" by asking for legal entitlements. You're being a good parent.
Schools should be partners, not adversaries. But when they fail to meet their duties, you have the right to challenge them.
Keep fighting. Your child is worth it. 💜