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Understanding SEND Law and Guidance
If your child has Tourette syndrome, it’s important to know that there are strong legal protections and support systems in place to help them succeed in education.
The Children and Families Act 2014 introduced Education, Health and Care Plans (EHCPs), which provide tailored support from birth to age 25. It also ensures that local authorities publish a clear ‘Local Offer’ of available services. Under the Equality Act 2010, schools must make reasonable adjustments and cannot discriminate against children with disabilities. Additional regulations and the SEND Code of Practice explain how schools, councils, and health services should work together to meet your child’s needs. There are also clear rules around exam support, so your child can access fair opportunities through adjustments like extra time or a reader. These laws and guidelines are designed to make sure your child receives the right help at the right time.
Primary Legislation
Children and Families Act 2014
- Established Education, Health and Care Plans (EHCPs) to replace Statements of SEN
- Extended support for young people with SEND from 0-25 years
- Created statutory duties for joint commissioning between education, health and social care
- Introduced the 'Local Offer' requiring local authorities to publish available services
- Emphasised greater participation of children, young people and families in decision-making
This legislation protects pupils with disabilities from discrimination in education:
- Places a duty on schools and educational institutions to make 'reasonable adjustments'
- Prohibits discrimination in admissions, provision of education, and exclusions
- Introduced the Public Sector Equality Duty, requiring public bodies to actively promote equality
- Defines disability broadly to include physical, mental, sensory, and learning impairments that have substantial and long-term effects
Statutory Regulations
Special Educational Needs and Disability Regulations 2014
These regulations provide the procedural framework for implementing the Children and Families Act:
- Establish precise timescales for EHC needs assessments (20 weeks total process)
- Detail requirements for the content and format of EHCPs
- Set out the process for annual reviews and reassessments
- Specify requirements for personal budgets and direct payments
- Outline duties for transitioning from Statements to EHCPs
SEND Information Regulations 2014
These regulations govern information provision:
- Specify details that must be included in each local authority's Local Offer
- Outline requirements for schools' SEN Information Reports
- Establish accessibility standards for SEND information
The Special Educational Needs and Disability (Detained Persons) Regulations 2015
These regulations ensure support for young people in custody:
- Set out processes for assessment and support whilst detained
- Establish continuity of EHCPs during and after detention
- Detail responsibilities of home local authorities and youth offending teams
Statutory Guidance
This comprehensive statutory guidance provides detailed interpretation of the legislation:
- Explains the 'graduated approach' to identifying and meeting needs
- Details requirements for SEN Support in mainstream settings
- Provides guidance on the EHC needs assessment process
- Outlines responsibilities of schools, local authorities, and health bodies
- Includes specific guidance for early years, schools, and post-16 providers
Examination Regulations
JCQ Access Arrangements and Reasonable Adjustments
Updated annually, these regulations have regulatory force for examinations:
- Define eligible access arrangements (extra time, readers, scribes, etc.)
- Specify evidence requirements for different arrangements
- Establish application processes and deadlines
- Detail requirements for 'normal way of working' evidence
- Provide guidance on assessment and documentation
