The Children and Families Act 2014 is the most important piece of legislation for SEND families in England. It replaced the old framework under the Education Act 1996 and introduced EHCPs, strengthened parental rights, and extended provision up to age 25. You do not need to read all 136 sections, but knowing the key ones gives you a real foundation for navigating the system. Here are the ten that matter most.
Where to find the Act
The full text is freely available at legislation.gov.uk. It can look intimidating, but if you use the contents page to navigate to the section you need, it becomes much more manageable. The SEND provisions are mainly in Part 3, sections 19 to 83.
Section 19: The general principles
Section 19 sets out the principles that local authorities must have regard to when exercising their SEND functions. These include having regard to the views, wishes and feelings of the child and their parents, and the importance of the child participating in decisions. This section is often cited when a family feels their views have been ignored or overridden.
Section 20: Meaning of special educational needs
This section defines what "special educational needs" means in law. A child has SEN if they have a learning difficulty or disability that calls for special educational provision. Knowing the legal definition matters when a school or local authority tries to argue that a child does not have SEN.
Section 24: Identification and assessment of needs
This section places a duty on local authorities to identify children and young people in their area who have or may have SEN. It is the basis for the local authority's responsibility to proactively look for children who need support, not just wait to be told.
Section 36: Requesting an EHC needs assessment
Section 36 gives parents, young people, and schools the right to request an EHC needs assessment. The local authority must then decide whether to carry out the assessment. If they refuse, you can appeal. This section also sets out what must happen once a request is received.
Section 37: EHC plans
Once a needs assessment has been completed, section 37 sets out when a local authority must prepare an EHC plan. If they decide, after assessment, that an EHCP is not needed, they must tell you that and give you the right to appeal the decision.
Section 42: Duty to secure special educational provision
This is one of the most powerful sections in the Act. It places a duty on the local authority to secure the special educational provision specified in Section F of the EHCP. Not to try to secure it, but to actually deliver it. This is the legal basis for challenging a local authority if provision is not being provided.
Section 43: School named in an EHC plan
Section 43 covers the duty to place a child in the school named in their EHCP. Once a school is named, it must admit the child, even if it considers itself full. There are very limited exceptions. This section matters enormously for families fighting for a specific school placement.
Section 51: Appeals to the Tribunal
Section 51 sets out the right to appeal certain decisions to the First-tier Tribunal (SEND). This includes decisions about whether to carry out a needs assessment, whether to issue an EHCP, and the contents of the plan. This is the legal foundation of your right to appeal.
Section 66: Supporting children with SEN in mainstream settings
Section 66 reinforces the principle that children with SEN should generally be educated in mainstream schools, with the exception of situations where this is incompatible with their wishes, their parents' wishes, or the efficient education of other children. This section is often relevant in disputes about whether a special school is appropriate.
Section 80: Local offer
Section 80 requires every local authority to publish a Local Offer, a publicly available description of what SEND provision is available in their area. If your local authority's Local Offer is out of date or misleading, you can challenge that, because they are under a legal duty to keep it current and useful.
Where to start
You do not need to read the whole Act, but bookmarking sections 36, 37, 42, and 51 will serve you well. They cover the assessment process, the plan, the duty to deliver provision, and your right to appeal. If a professional tells you something about your child's rights that does not sound right, checking those sections is a good place to start.