In short
- The SEND Code of Practice is official guidance that councils, schools, colleges, nurseries and health services in England must follow.
- Where it says “must”, that is the law. Where it says “should”, they must follow it unless they can explain a good reason not to.
- The current Code dates from January 2015. It still applies in 2026. Changes have been proposed, but nothing has changed yet.
What is the SEND Code of Practice?
The SEND Code of Practice is statutory guidance that explains how councils, schools, colleges and health services in England must support children and young people aged 0 to 25 with special educational needs and disabilities. Its full title is the Special educational needs and disability code of practice: 0 to 25 years.
It was published by the Department for Education and the Department of Health. It explains how to carry out the duties in Part 3 of the Children and Families Act 2014 and the SEND Regulations 2014. The current version was published in January 2015 and is about 290 pages long. You don’t need to read it all. This guide shows you the parts parents use most.
What does SEND mean?
SEND stands for special educational needs and disabilities. You will also see SEN, which means special educational needs.
- Special educational needs: a child has SEN if they have a learning difficulty or disability that needs special educational provision. That means support that is additional to, or different from, what most children of the same age get.
- Disability: under the Equality Act 2010, a physical or mental impairment that has a long-term and substantial effect on everyday activities. Long-term means a year or more. Substantial means more than minor or trivial.
Many children have both, but not always. A disabled child does not necessarily have SEN, and a child with SEN may not be disabled. The Code covers both groups.
Is there a new SEND Code of Practice for 2025 or 2026?
No. The Code that applies today is still the January 2015 version.
In February 2026 the government published a Schools White Paper and a consultation on reforming the SEND system. It proposes an updated Code of Practice, with a further consultation on the Code itself. The main consultation closed on 18 May 2026. The government has said any new law would not take effect before September 2029.
What this means for you now. Until the law changes, councils and schools must keep following the current Act, Regulations and 2015 Code. You can still ask for an assessment, an EHCP and every right described here. We will update this guide when anything changes.
Who has to follow it?
The Code lists who must have regard to it. They include:
- councils, for education, social care and related services
- state schools, academies, free schools and pupil referral units
- further education and sixth form colleges
- nurseries and childminders funded by the council
- NHS bodies that plan and provide health services
- independent special schools approved under section 41 of the Children and Families Act 2014
- the SEND Tribunal, when it decides appeals
“Have regard” means they must consider what the Code says whenever they make a decision. They cannot ignore it, and they must be able to explain any time they do something different.
“Must”, “should” and “may”
The Code uses these words carefully. Knowing the difference helps you challenge a decision.
| Word in the Code | What it means | Example |
|---|---|---|
| Must | A legal requirement from the Act, the Regulations or case law. There is no choice. | The council must decide within 6 weeks whether to assess. |
| Should | Expected practice. They must follow it unless they can explain why not. | Schools should involve parents in planning SEN support. |
| May | An option they can choose. | It is up to them whether to do it. |
Summary of the SEND Code of Practice, chapter by chapter
| Chapter | What it covers | Why parents use it |
|---|---|---|
| 1. Principles | The values behind the system | Your views and your child’s views must be listened to |
| 2. Impartial information, advice and support | Free advice services | Your right to free help from your local SENDIASS |
| 3. Working together across education, health and care | How councils and the NHS plan services | Who is responsible for health support |
| 4. The Local Offer | What each council must publish | Finding local services and how to ask for an assessment |
| 5. Early years providers | Nurseries and childminders | Support before school age |
| 6. Schools | SEN support in school | The graduated approach and the role of the SENCO |
| 7. Further education | Colleges | Support from age 16 |
| 8. Preparing for adulthood | Planning for adult life | Reviews from Year 9 and plans up to age 25 |
| 9. EHC needs assessments and plans | The EHCP process | Requests, deadlines, what goes in each section, reviews |
| 10. Children in specific circumstances | Looked-after children, home education, custody and more | Support in less common situations |
| 11. Resolving disagreements | Complaints, mediation and appeals | What to do when you disagree |
The key points parents use most
- Your views count. Councils must have regard to the views, wishes and feelings of your child and of you (paragraph 1.1).
- Good teaching comes first. Schools must use their best endeavours to make sure children with SEN get the support they need (paragraph 1.24).
- Mainstream is the starting point. The law presumes children will be educated in mainstream settings, but parents of children with an EHCP can ask for a special school (paragraphs 1.26 to 1.38).
- SEN support follows a cycle. Schools should assess, plan, do and review, with parents involved (from paragraph 6.44).
- Four broad areas of need. Needs are grouped to help planning, not to limit support (from paragraph 6.28).
- Parents can ask for an assessment. You don’t need the school’s agreement (paragraph 9.8).
- The 20-week limit. The whole process from request to final plan should take no more than 20 weeks (paragraphs 9.39 to 9.41).
- Section F must be specific. Support must be detailed and specific and should normally be quantified (paragraph 9.69).
- You can challenge decisions. Chapter 11 explains complaints, mediation and the SEND Tribunal.
The graduated approach: assess, plan, do, review
Chapter 6 says that when a school identifies that a child has SEN, it should put effective support in place using a four-part cycle. This is called the graduated approach. It is how SEN support works before, and alongside, any EHCP.
- Assess: the teacher and the SENCO work out what your child needs, using their own observations, your views and any outside advice.
- Plan: the school agrees with you the support, the outcomes it should lead to and a date to review it.
- Do: the support is given. The class teacher stays responsible for your child’s progress, even if a teaching assistant gives some of the help.
- Review: the school checks with you whether the support worked, then starts the cycle again with any changes.
Keep any SEN support plans and review notes the school gives you. If your child is still not making progress after several cycles, this record is strong evidence for an EHC needs assessment. Read SEN support or an EHCP.
The four broad areas of need
Chapter 6 groups special educational needs into four broad areas. Many children have needs in more than one area. The areas help schools plan, but support should be based on your child’s actual needs, not on which box they fit.
| Area of need | What it can include |
|---|---|
| Communication and interaction | Speech, language and communication needs, and autism |
| Cognition and learning | Learning difficulties, and specific learning difficulties such as dyslexia, dyscalculia and dyspraxia |
| Social, emotional and mental health | Anxiety, low mood, attention difficulties such as ADHD, and behaviour linked to unmet needs |
| Sensory and/or physical | Hearing or vision impairment, and physical disabilities |
The Code and the early years
Chapter 5 covers nurseries, pre-schools and childminders funded by the council. They should use the same assess, plan, do, review cycle and have a named person responsible for SEN. Many councils also have an Area SENCO who supports early years settings.
You don’t have to wait until school to ask for an EHC needs assessment. You can ask at any age, including for babies and toddlers.
How to quote the Code in a letter
Councils and schools take letters more seriously when you quote the rule. Keep it short:
- give the paragraph number
- quote a few words, not a whole page
- say what you want them to do
- if they say “should” doesn’t apply, ask them to explain in writing why they are departing from the Code
Paragraph 9.69 of the SEND Code of Practice says that provision in Section F must be detailed and specific and should normally be quantified. Please amend Section F so that it states the type of support, who will give it, how often and for how long.
Our free letter templates quote the law for you.
The Code doesn’t replace the law. If the Code and the Act ever seem to say different things, the Act and the Regulations come first.
Check the exact deadlines for your child
Questions parents ask
Is the SEND Code of Practice the law?
It is statutory guidance. The parts that say “must” describe legal duties from the Act, the Regulations or case law. The rest must be followed unless there is a good reason, and the SEND Tribunal expects councils and schools to explain any departure.
Where can I download the SEND Code of Practice?
It is free on GOV.UK as a PDF. Search it for words like “must” or for a paragraph number.
Does the Code apply to academies and free schools?
Yes. Academies, free schools and other state schools must all have regard to it, as well as council-funded nurseries and colleges.
What did the 2015 Code replace?
It replaced the SEN Code of Practice from 2001. EHCPs replaced statements, and SEN support replaced the old School Action and School Action Plus.
Does the Code apply in Wales?
No. The SEND Code of Practice applies in England. Wales has its own Additional Learning Needs Code, and Scotland and Northern Ireland have their own systems too.
