Definition
A Statement of Special Educational Needs is the legacy legal document that preceded the EHCP, issued under the Education Act 1996. Statements covered children of compulsory school age (5–16) only and were phased out following the Children and Families Act 2014. All remaining Statements should have been transferred to EHCPs by 1 April 2018.
In context for parents
Key checkpoints
- The legacy legal document that preceded the EHCP, under the Education Act 1996.
- Covered children of compulsory school age (5–16); EHCPs cover 0–25.
- Phased out following the Children and Families Act 2014; transfer to EHCPs required by 1 April 2018.
- Substantive case law (notably L v Clarke and Somerset CC [1998]) carries over into EHCP wording.
- A Statement still held in 2026 should be challenged: write to the LA citing the transitional duty.
Statements were the SEND framework's binding document from 1981 to September 2014. They had six parts (I to VI) rather than the EHCP's eleven sections (A to K) and covered education provision but not health or care. The 2014 reforms extended legal protection from 5–16 to 0–25, integrated education-health-care in a single document, and rebadged the binding plan as the EHCP.
The Transitional Arrangements (set out in DfE statutory guidance and the SEND Code of Practice annex) required every LA to transfer all existing Statements to EHCPs by 1 April 2018. In practice this means parents should no longer hold a Statement; if they do, it suggests either the LA missed the transition or a child has been re-issued provision under a non-statutory framework, which is not lawful.
Where a parent does still hold what is described as a Statement in 2026, the urgent step is to write to the LA citing the transitional duty and asking for a transfer to an EHCP. The transfer is not a fresh assessment. It is a re-issue under the 2014 framework. If the LA refuses or has lost the file, judicial review may be the route.
The substantive law that applied to Statements (notably the L v Clarke and Somerset CC [1998] specificity standard) carries over into EHCP wording. Tribunal panels still cite Statement-era case law when reviewing Section F specificity.
Related terms
The terms parents most often see alongside Statement of SEN.
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.
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.
Where parents ask about this
Parents usually find this page when reviewing an older child's documents, when an LA appears to be operating outside the 2014 framework, or when historical evidence about earlier needs is needed for a current appeal. Searches include "Statement of SEN versus EHCP", "Statement transition to EHCP", and "do Statements still exist". A Beaakon SEND solicitor can audit your child's documents, identify any unlawful gap in transition, and require the LA to issue an EHCP.
References
The primary legislation, statutory guidance, research, and clinical tools this page draws on.
- Education Act 1996, Part IV
- Children and Families Act 2014: Transitional Arrangements
- DfE (2014): Statutory Transitional Guidance
- [L v Clarke and Somerset CC [1998] ELR 129](https://www.ipsea.org.uk/l-v-clarke-and-somerset-county-council-1998-elr-129)
- SEND Code of Practice (DfE / DoH 2015), annex