Definition
The SEND Code of Practice (DfE / DoH, January 2015) is the 0–25 statutory guidance setting out what schools, colleges, local authorities, and health bodies in England must do to support children with SEND under the Children and Families Act 2014. Bodies listed in section 77 of the Act must have regard to it.
In context for parents
Key checkpoints
- The SEND Code of Practice (DfE / DoH, January 2015) is the 0–25 statutory guidance under the Children and Families Act 2014.
- Bodies listed in section 77 of the Act must "have regard to" the Code; departing from it is lawful only with a cogent reason.
- Nine chapters; chapters 6 (schools) and 9 (assessments and plans) carry most of the parent-facing duties.
- Paragraph 9.69 sets the specificity requirement for Sections B and F.
- The 2015 Code remains in force at the time of writing despite the SEND and AP Improvement Plan reform workstream.
"Must have regard to" is not optional. Departing from the Code is lawful only where there is a cogent reason; otherwise a decision contrary to the Code is open to challenge. The Code's nine chapters cover principles, impartial information advice and support, working together across services, the Local Offer, early years, schools, further education, EHC needs assessments and plans, children in specific circumstances, resolving disagreements, and the SEND tribunal.
The chapters that parents need most often are 6 (schools) and 9 (assessments and plans). Chapter 6 sets out the graduated approach (assess-plan-do-review), what SEN Support should look like, and the SENCO's role. Chapter 9 sets out the 20-week timeline, what each section of an EHCP must contain, the specificity standard for Section F, the right of appeal, and annual review duties.
Specific paragraphs that come up repeatedly in disputes: 9.69 (Section B must describe all the child's special educational needs); 9.69 also makes clear "specific" provision is required in Section F; 6.36 (the school's notional SEN budget is the first £6,000 per pupil); 9.123–9.130 (parental right to express a preference for a specific school and the narrow grounds on which the LA can refuse).
A 2024 DfE consultation proposed updates to the Code (the "SEND and AP Improvement Plan" workstream) but at the time of writing the 2015 Code remains in force. The CDC (Council for Disabled Children) is the most reliable third-sector tracker of where reform sits.
Related terms
The terms parents most often see alongside SEND Code of Practice.
Children and Families Act 2014
The primary legislation reforming SEND in England. Part 3 of the Act created EHCPs, replaced Statements of SEN, and established the duties behind the SEND Code of Practice.
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.
SEN Support
The graduated approach used by schools to support children with SEND who do not have an EHCP. SEN Support follows an assess-plan-do-review cycle.
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 after a school or LA has said "we don't have to do that", before drafting a complaint letter, or when preparing for tribunal. Searches include "SEND Code of Practice 9.69", "is the SEND Code statutory", and "school not following SEND Code of Practice". A Beaakon SEND solicitor can pinpoint which paragraph of the Code the school or LA is departing from, draft a complaint letter or pre-action protocol letter, and if needed, take the matter to tribunal or judicial review.
References
The primary legislation, statutory guidance, research, and clinical tools this page draws on.
- Children and Families Act 2014, section 77
- DfE / DoH (2015): Special educational needs and disability code of practice: 0 to 25 years
- DfE (2023): SEND and Alternative Provision Improvement Plan
- Council for Disabled Children (CDC): reform tracker
- The Special Educational Needs and Disability Regulations 2014