What do I do if school says my child doesn't have SEND?

What the school is actually saying

“Your child doesn't have SEND” can mean any of several different things, and the right response depends on which. Common versions:

• “They're coping in class.” The academic outputs look OK so the school doesn't see SEN-level need, even if home is different.
• “Their behaviour is the problem, not SEND.” The school is reading the behaviour as deliberate rather than as a manifestation of underlying need.
• “We'd need a diagnosis first.” A common misframing; no diagnosis is legally required for SEN Support or for an EHCP.
• “Other children are worse.” A budget / comparison framing that has nothing to do with the legal test.

The legal test for SEN is in section 20 of the Children and Families Act 2014: a child has SEN if they have a learning difficulty or disability that calls for special educational provision. It's a needs test, not a labels test.

The first letter to the school

1. Put the disagreement in writing. Email the SENDCO and headteacher. Ask them to put their decision in writing, set out the criteria they used, and reference the school's SEN Information Report (the school's public document about how they identify and support SEN, required under Regulation 51 of the SEND Regulations 2014).
2. Provide your evidence. A short dated log of what's happening at home, any clinician letters, any earlier school reports. Be specific.
3. Ask what graduated approach support is in place. The SEND Code 6.36 sets out a four- part cycle (assess, plan, do, review) that schools must follow for any child with possible SEN. If the school says no SEND, they should still be able to say what assessing they've done.

The parallel route the school can't block

You don't need the school's agreement to request an EHC needs assessment. Parents have a direct right to request an assessment from the council under section 36(1) of the Children and Families Act 2014. The council then has 6 weeks to decide whether to assess.

If you're confident your child has SEN that's not being met, send the request to the council the same week you write to the school. The two conversations run in parallel; you don't have to choose. See the sibling answer on how to apply.

If the school becomes obstructive

• Escalate within the school: SENDCO → headteacher → chair of governors.
• Use the school's formal complaints procedure; most schools publish a 3-stage procedure on their website.
• Contact your local SENDIASS adviser for free, impartial support on dealing with the school.
• If the school is refusing to share SEN information or to engage with the council's assessment when one is in train, escalate to the local authority and the Department for Education.

This page is general information, not clinical or legal advice.