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SEND Law Hub

SEND Code of Practice 2015
Chapter 1: Principles

The foundational rights and principles that every local authority, school, and health body is legally required to follow. This is where it all starts.

Quick facts
  • Source: SEND Code of Practice, January 2015
  • Key legislation: Section 19, Children and Families Act 2014
  • Last reviewed: February 2026
Reform update — February 2026

The 'Every Child Achieving and Thriving' Education White Paper was published in February 2026, alongside a companion document 'SEND Reform: Putting Children and Young People First'. These introduce significant proposed changes including Individual Support Plans, a new three-tier support model, and Specialist Provision Packages. The law documented here — the Children and Families Act 2014 and SEND Code of Practice 2015 — remains in full force until legislation and the updated Code are brought into effect. We will update each page as official text is published. See our SEND Reform 2026 page for a full breakdown.

Chapter 1: Principles

This chapter sets out the core principles that underpin everything in the SEND Code of Practice. These principles are not optional guidance. They are grounded in Section 19 of the Children and Families Act 2014, which means local authorities are legally required to have regard to them in everything they do relating to children and young people with SEN or disabilities.

Understanding these principles matters because they give you the foundation to challenge decisions. When an LA ignores your views, fails to involve you, or makes a decision without proper consultation, these principles are what you point to.

View Section 19, Children and Families Act 2014

§ 1.1 to 1.13 Participating in decision making

What the law says

Section 19, Children and Families Act 2014. Code of Practice § 1.1 to 1.13

Local authorities, in carrying out their functions, must have regard to:

  • The views, wishes and feelings of the child or young person, and the child's parents
  • The importance of the child, young person, and parents participating as fully as possible in decisions, and being provided with the information and support necessary to enable participation
  • The need to support the child or young person, and the child's parents, in order to facilitate development and help them achieve the best possible educational and other outcomes

Local authorities must ensure that children, young people and parents are provided with the information, advice and support necessary to enable them to participate in discussions and decisions about their support, including information on their rights and entitlements in accessible formats.

Local authorities must not use the views of parents as a proxy for young people's views. Young people will have their own perspective and local authorities should have arrangements in place to engage with them directly.

In plain English

Your views and your child's views are not a courtesy. They are a legal requirement. The LA cannot make decisions about your child's support without properly involving you and giving you the information you need to participate meaningfully.

They also have to provide information in a way you can actually understand and use. If you need more time, different formats, or support to take part in a meeting, you can ask for it and they should provide it.

For young people aged 16 and over, the LA should be engaging with them directly, not just going through parents.

What to watch out for
  • Tokenistic consultation sending a generic form and ticking a box without genuinely considering your input
  • Decisions already made being invited to a meeting where the outcome is clearly predetermined
  • Inaccessible information dense documents with no explanation or not enough time to prepare
  • Ignoring the child's voice the child's views disappearing from reports or plans
  • Only speaking to parents about a 16 plus young person when the Code expects direct engagement with the young person
What you can do

Put it in writing. Reference Section 19 and ask them to explain how your views were considered and how they influenced the decision. Keep a record of every meeting, every form you submitted, and every response.

§ 1.8 Rights of young people (16 plus)

What the law says

Section 80, Children and Families Act 2014. Code of Practice § 1.8

The Children and Families Act 2014 gives significant new rights directly to young people once they reach the end of compulsory school age. When a young person reaches this point, local authorities and other agencies should normally engage directly with the young person rather than their parent.

Some young people, and possibly some parents, will not have the mental capacity to make certain decisions or express their views. Provision is made in Section 80 to deal with this. See Annex 1 of the Code for further detail.

In plain English

At 16, legal rights around SEN formally shift from parents to the young person. This matters. A 16 or 17 year old can request an EHC needs assessment, appeal to the Tribunal, and should be the main person the LA engages with.

Parents do not stop being involved, but the LA cannot treat parents as the decision maker once the young person is 16 plus.

What to watch out for
  • Only communicating with parents when a young person is 16 plus
  • Not explaining the change in rights many families are never told
  • Assuming lack of capacity without a proper assessment
What you can do

If you are a young person and the LA is only speaking to your parents, write to them and state you want to be the primary contact under Section 80.

§ 1.14 to 1.19 Identifying children and young people's needs

What the law says

Sections 22, 23, 24, Children and Families Act 2014. Code of Practice § 1.14 to 1.19

Local authorities must carry out their functions with a view to identifying all the children and young people in their area who have or may have SEN or have or may have a disability.

Anyone can bring a child or young person who they believe has or probably has SEN or a disability to the attention of a local authority. Parents, early years providers, schools and colleges have an important role in doing so.

In plain English

The LA has an active duty to look for children with SEN — they cannot just wait to be told. Parents, settings, health professionals and anyone who knows the child can bring them to the LA's attention.

What to watch out for
  • We only act once needs are formally diagnosed identification does not require a diagnosis
  • The child is managing so far managing is not the same as having their needs met
What you can do

Write to the LA and the school SENCO setting out your specific concerns. Ask what steps they have taken to identify needs and what their next steps are.

§ 1.20 to 1.23 Greater choice and control

What the law says

Children and Families Act 2014. Code of Practice § 1.20 to 1.23

Families and young people should have greater control over decisions that affect them, including how support is delivered. This includes the right to request a personal budget and to be involved in commissioning support. Local authorities must support families to understand and navigate their options.

In plain English

Choice and control is not just about picking a school. It means being a genuine partner in how support is designed and delivered. Personal budgets give families direct control over funding.

What to watch out for
  • We decide what provision looks like families have a right to be meaningfully involved
  • Personal budgets never mentioned LAs must make families aware of this option
What you can do

Ask about personal budgets at every review. Ask how you can be more involved in shaping provision, not just approving what is placed in front of you.

§ 1.24 to 1.26 Inclusion and removing barriers

What the law says

Children and Families Act 2014. Equality Act 2010. Code of Practice § 1.24 to 1.26

Local authorities and schools should actively seek to remove barriers to learning and participation. Inclusion is not just physical presence in a school — it means being able to participate meaningfully and have needs met. The Equality Act 2010 reinforces this by requiring reasonable adjustments and prohibiting disability discrimination.

In plain English

Being in school is not the same as being included. The duty is to remove barriers so the child can actually participate and learn. The Equality Act adds a parallel duty on top of the SEND framework.

What to watch out for
  • They are in school therefore included attendance is not inclusion
  • We cannot make reasonable adjustments for budget reasons budget alone is not a valid defence
What you can do

Document specific barriers your child faces and ask in writing what adjustments the school has made and what else they will do. Both the SEND framework and the Equality Act give you grounds to push back.

§ 1.27 Preparing for adulthood

What the law says

Children and Families Act 2014. Code of Practice § 1.27

Local authorities, schools and all other agencies should support young people to achieve good outcomes in further and higher education, employment, independent living, and community participation. This planning should begin early, not wait until the young person is approaching adulthood.

In plain English

The whole system should be pointing towards a good adult life from the beginning. This is the foundation for the much more detailed duties in Chapter 8.

What to watch out for
  • Adulthood planning treated as something for Year 10 or 11 it should be in every EHCP from Year 9
  • Only education outcomes in the EHCP employment, independence, and community participation must also feature
What you can do

Check your child's EHCP for explicit adulthood outcomes across all four areas. If they are missing, request a review and ask for them to be added.

What the 2026 white paper adds to these principles

White paper: February 2026

'Every Child Achieving and Thriving' — DfE, February 2026

The white paper states that in delivering SEND reform, the government will be guided by the UN Convention on the Rights of Persons with Disabilities (UNCRPD). This is the first explicit commitment in an English education policy document to the UNCRPD as a guiding framework for SEND.

What this means in practice

The UNCRPD requires that disabled people — including children — have the right to participate fully in society and receive the support needed to do so. Article 24 specifically addresses education, requiring inclusive education systems at all levels and measures to ensure children with disabilities access education on an equal basis.

This does not change your current legal rights, which are grounded in the Children and Families Act 2014 and the Equality Act 2010. But it gives families a stronger framework to reference when challenging decisions that fall short of genuine inclusion.

The white paper's definition of inclusion

The white paper cites this definition approvingly: "Inclusion is all staff supporting the learning, wellbeing and safety needs of all children, so that they belong, achieve and thrive."

This is not a statutory definition, but it is useful when arguing that a school's approach to your child falls short of genuine inclusion. A child who is in school but excluded from activities, withdrawn from lessons, or whose wellbeing is deteriorating is not being included by this definition.

What stays the same

Section 19 of the Children and Families Act 2014 is unchanged. Every right documented on this page continues to apply. The UNCRPD reference strengthens the principled argument but does not replace or supersede domestic law.

Back to SEND Law Hub Next: Chapter 2 Information, advice and support