Also available: Wales · Scotland · Ireland
"The SEND Code of Practice is not optional guidance — it is statutory. Schools and local authorities are legally required to have regard to it. Understanding it puts parents in a much stronger position."
The legal framework: the SEND Code of Practice 2015
In England, the rights of children with Special Educational Needs and Disabilities (SEND) — including ADHD — are governed by the Children and Families Act 2014 and the SEND Code of Practice 2015 (updated 2020). The Code is statutory — schools, local authorities, and health bodies are legally required to have regard to it.
In addition, the Equality Act 2010 provides parallel protections for disabled pupils, including those whose ADHD constitutes a disability.
Does ADHD qualify as a Special Educational Need (SEN)?
Yes — ADHD can constitute a Special Educational Need where it has a significant impact on a child's ability to access education. Under the SEND Code of Practice, a child has SEN where they have a learning difficulty or disability which calls for special educational provision — provision that is additional to, or different from, that made generally for others of the same age.
ADHD may also constitute a disability under the Equality Act 2010 where it has a substantial and long-term adverse effect on normal day-to-day activities. Where this is the case, the school must make reasonable adjustments — this duty is anticipatory, meaning schools should not wait to be asked.
The two levels of SEND support in England
The first level of formal SEND provision. The school identifies the child as having SEN, records this on the SEN register, and provides support through a graduated approach: assess, plan, do, review. The SENCO co-ordinates this. Provision at this level is funded from the school's budget. Parents must be involved in the planning and review cycle — typically termly.
Where SEN Support is not sufficient, a child may need an EHC Plan — a legally binding document describing the child's needs, the provision to be made, and the outcomes sought. An EHC Plan is jointly owned by education, health, and social care. Parents and children (age appropriately) have legal rights throughout the EHC needs assessment and plan process, including the right to request a specific school placement.
Key rights in England
Schools have a duty to identify children with SEN. If you believe your child has SEN that has not been identified, you can raise this formally with the SENCO and headteacher. If you remain unsatisfied, you can request that the local authority conduct an EHC needs assessment.
Parents (and young people over 16) can request an EHC needs assessment directly from the local authority — you do not need the school's agreement to do this. The local authority must decide within 6 weeks whether to carry out the assessment, and must inform you of their decision in writing.
The SEND Code of Practice places strong emphasis on parental participation. Schools must involve parents in the assess-plan-do-review cycle. Local authorities must consult parents and children throughout the EHC process. You have the right to see all draft documents and to express a preference for educational provision.
If you disagree with a decision — a refusal to assess, a refusal to issue an EHC Plan, or the contents of a Plan — you can appeal to the First-tier Tribunal (Special Educational Needs and Disability). IPSEA (Independent Provider of Special Education Advice) offers free, specialist legal advice: 0300 0184 016.
Once an EHC Plan is issued, families can request a Personal Budget — an identified amount of funding that parents can choose to direct themselves, rather than having the local authority manage provision directly. This offers flexibility in how the provision in the Plan is delivered.
The SENCO's role
Every maintained school in England must have a Special Educational Needs Co-ordinator (SENCO). The SENCO is responsible for co-ordinating SEN provision across the school, advising teachers, liaising with external agencies, and acting as the key point of contact for parents. In larger schools, the SENCO may be a dedicated role; in smaller schools, it may be held alongside a teaching position. The headteacher must ensure the SENCO has sufficient time and resources to fulfil their responsibilities.
If the school is not responding
- Request a meeting with the SENCO and, if necessary, the headteacher — in writing
- Contact SENDIASS (Special Educational Needs and Disability Information Advice and Support Service) — free, independent advice available in every local authority area
- Contact IPSEA for specialist legal advice: 0300 0184 016
- Request an EHC needs assessment directly from the local authority
- Appeal to the SEND Tribunal if a statutory decision is made with which you disagree
Documentation matters: Keep written records of all communications with school and the local authority. Request that any verbal agreements are confirmed in writing. A professionally written school support letter — clinician-authored and legally referenced — can significantly strengthen your case from the outset. Available for England and Wales in the resource shop.