Definition
The Children and Families Act 2014 is the primary legislation that reformed SEND in England. Part 3 (sections 19–83) created EHCPs, replaced Statements of SEN, established the duties behind the SEND Code of Practice, and extended legal protection to ages 0–25.
In context for parents
Key checkpoints
- Part 3 (sections 19–83) reformed SEND in England, in force from 1 September 2014.
- Section 19: principles, including the duty to have regard to the views of the child and parent.
- Section 36: LA duty to assess if the child "may" have SEN and "may" need an EHCP.
- Section 42: LA must secure the special educational provision in Section F; funding is not a defence (Tandy [1998]).
- Section 51: right of appeal to the SEND Tribunal on refusals to assess, refusals to issue, and contents of the EHCP.
Part 3 came into force on 1 September 2014. The sections parents come back to most often: section 19 (the principles: LAs must have regard to the views of the child, the parent, and the importance of participation); section 20 (definition of special educational needs); section 21 (definition of special educational provision); section 36 (the duty to assess); section 37 (the duty to issue an EHCP and what it must contain); section 39–40 (school placement and parental preference); section 42 (the duty to secure the provision in Section F and the school in Section I); section 51 (the right of appeal to the SEND Tribunal); section 80 (mediation).
Section 42 is the load-bearing provision duty. It states the LA must secure the special educational provision specified in the plan. Whether the LA's budget is constrained is legally irrelevant to that duty (R v East Sussex County Council, ex parte Tandy [1998] is the case still cited).
Section 19 is the principles section every tribunal opens with. It anchors the requirement to involve the child and parent, to support participation as fully as possible, and to facilitate development. LAs that fail to consult parents on the working document, or who treat the annual review as a formality, fall foul of section 19 routinely.
The Act sits alongside the Equality Act 2010, which provides a parallel disability discrimination route. Parents often have remedies under both, and tribunal claims for failure-to-provide and disability discrimination can be heard together at SENDIST.
Related terms
The terms parents most often see alongside Children and Families Act 2014.
SEND Code of Practice
The 0-25 statutory guidance setting out what schools, colleges, and local authorities in England must do to support children with SEND under the Children and Families Act 2014.
Education, Health and Care Plan(EHCP)
A legally binding document, issued by a local authority in England, that describes a child or young person's special educational needs and the provision the LA must arrange to meet them.
Statement of SEN
The legacy legal document that preceded EHCPs. Statements were phased out following the Children and Families Act 2014; any remaining ones should have been transferred to EHCPs.
Local Offer
A statutory information service every local authority must publish, setting out the SEND services, support, and provision available in their area for children and young people aged 0-25.
Where parents ask about this
Parents usually find this page when an LA has cited a budget reason for not arranging Section F provision, when challenging an annual review that excluded parental input, or in the run-up to a tribunal. Searches include "section 42 Children and Families Act 2014", "section 36 Children and Families Act", and "Children and Families Act parental preference". A Beaakon SEND solicitor can identify which sections of the Act apply to your specific complaint and draft the legal challenge: letter before action, tribunal appeal, or judicial review where appropriate.
References
The primary legislation, statutory guidance, research, and clinical tools this page draws on.
- Children and Families Act 2014 (legislation.gov.uk)
- The Special Educational Needs and Disability Regulations 2014
- SEND Code of Practice (DfE / DoH 2015)
- [R v East Sussex CC, ex parte Tandy [1998] 1 WLR 884](https://www.bailii.org/uk/cases/UKHL/1998/20.html)
- [L v Clarke and Somerset CC [1998] ELR 129](https://www.ipsea.org.uk/l-v-clarke-and-somerset-county-council-1998-elr-129)