Reference page · not an interactive finder
Browse sourced examples of common problems and the body that handles each one. This page does not ask questions or choose a route for you. General information only, not legal advice. For your situation, contact IPSEA or SENDIASS.
Owning route: Local authority
England only. Code of Practice (Jan 2015), chapter 9 'Education, Health and Care needs assessments and plans' (p.141) — see 'Requesting an EHC needs assessment' (p.143) and 'Considering whether an EHC needs assessment is necessary' (p.144).
Source: assets-publishing-service-gov-uk-media-5a7dcb85ed915d2ac884d995-send-code-of-practice-january-2015-pdf
Owning route: Local authority disagreement resolution services, mediation, and ultimately the First-tier Tribunal (Special Educational Needs and Disability)
England only. Code of Practice (Jan 2015), chapter 11 'Resolving disagreements' (p.244) including 'Disagreement resolution arrangements and mediation' (p.248), 'Disagreement resolution services' (p.248), 'Mediation' (p.251), 'Mediation on matters which can be appealed to the Tribunal' (p.252), and 'Exceptions to the requirement to contact a mediation adviser' (p.254). The First-tier Tribunal is named at p.13 and p.221.
Source: assets-publishing-service-gov-uk-media-5a7dcb85ed915d2ac884d995-send-code-of-practice-january-2015-pdf
Owning route: Local authority
England only. Code of Practice (Jan 2015), chapter 4 'The Local Offer' (p.59) including 'What must be included in the Local Offer?' (p.66), 'Publishing comments about the Local Offer' (p.65) and 'Taking action in response to comments about the Local Offer' (p.66).
Source: assets-publishing-service-gov-uk-media-5a7dcb85ed915d2ac884d995-send-code-of-practice-january-2015-pdf
Owning route: Local authority
England only. Code of Practice (Jan 2015), chapter 9 — 'Requesting a Personal Budget' (p.178), 'Mechanisms for delivery of a Personal Budget' (p.179), 'Setting and agreeing the Personal Budget' (p.179), 'Scope of Personal Budgets' (p.181) and 'Use of direct payments' (p.183). See also chapter 3 'Personal Budgets' (p.48) and chapter 8 'Personal Budgets' (p.139).
Source: assets-publishing-service-gov-uk-media-5a7dcb85ed915d2ac884d995-send-code-of-practice-january-2015-pdf
Owning route: First-tier Tribunal (Special Educational Needs and Disability)
England only. Code of Practice (Jan 2015) names 'The First-tier Tribunal (Special Educational Needs and Disability)' at p.13 and within chapter 10 (p.221). Chapter 11 sets the mediation route normally required before appeal — see 'Exceptions to the requirement to contact a mediation adviser' (p.254).
Source: assets-publishing-service-gov-uk-media-5a7dcb85ed915d2ac884d995-send-code-of-practice-january-2015-pdf
Owning route: Local authority (and where relevant, the receiving local authority)
England only. Code of Practice (Jan 2015), chapter 10 'Children and young people in specific circumstances' (p.208) including 'Children and young people educated out of area' (p.214), 'Children and young people with SEN educated at home' (p.214), 'Children with SEN who are in alternative provision' (p.216), 'Children and young people in alternative provision because of health needs' (p.218) and 'Children of Service personnel' (p.219) with 'Action to take in respect of Service children with SEN' (p.219).
Source: assets-publishing-service-gov-uk-media-5a7dcb85ed915d2ac884d995-send-code-of-practice-january-2015-pdf
Owning route: Home local authority and custodial establishment (see chapter 10 for duties)
England only. Code of Practice (Jan 2015), chapter 10 section 'Children and young people with SEN who are in youth custody' (p.222) including 'Requesting an EHC needs assessment for a detained person' (p.227) and 'Appeals and mediation' (p.236).
Source: assets-publishing-service-gov-uk-media-5a7dcb85ed915d2ac884d995-send-code-of-practice-january-2015-pdf
Owning route: Local authority
England only. Section 42(2) places an absolute duty on the local authority (not a discretionary 'best efforts' duty) to secure the specified special educational provision — this is the correct duty to cite when escalating against the council.
Source: www-legislation-gov-uk-ukpga-2014-6-section-42