Everyone in the SEND world talks about "the Code of Practice" as if it is something you should just know. Schools mention it. Local authorities cite it. Tribunals refer to it constantly. But almost nobody explains what it actually is, what it means for your child, or how you can use it. Let me try to fix that.
What is the SEND Code of Practice?
The SEND Code of Practice (2015) is statutory guidance issued under the Children and Families Act 2014. "Statutory guidance" means that schools, local authorities, NHS bodies, and other services must have regard to it. They cannot simply ignore it. If they depart from it, they need a good reason.
The Code is a long document, around 290 pages, and covers everything from early years provision all the way through to young people aged 25. You do not need to read all of it, but you do need to know it exists and roughly where to find things in it. The full document is freely available: the official SEND Code of Practice on GOV.UK can be downloaded as a PDF or read online.
The parts that matter most for families
If your child is of school age and you are dealing with the EHCP process or trying to get support in school, these are the sections worth knowing:
- Chapter 6 covers schools and their duties to identify and support children with SEND.
- Chapter 9 covers Education, Health and Care needs assessments and plans, including the legal timescales the local authority must follow.
- Chapter 11 covers resolving disagreements, mediation, and appeals to the SEND Tribunal.
You do not need to memorise paragraph numbers. But knowing roughly which chapter covers what means you can look things up when a professional tells you something that does not sound right.
The difference between "must" and "should"
One of the most useful things you can learn from the Code is the difference between the word "must" and the word "should." When the Code says a local authority "must" do something, that is a legal duty and it is non-negotiable. When it says they "should" do something, there is some flexibility, but they still need a good reason to depart from it.
For example: the Code says a local authority "must" complete an EHC needs assessment within 20 weeks of receiving a request. That is a legal requirement. Delays happen, and sometimes they are unavoidable, but if your local authority is consistently missing that deadline, you have grounds to raise a formal complaint and potentially appeal.
How to use the Code when things go wrong
The Code of Practice is most useful to you when someone is telling you "no" and you are not sure if they are allowed to. Common examples include a school saying they cannot apply for an EHCP assessment, a local authority saying your child does not meet the threshold for assessment, or a provider refusing to put provision in writing.
In these situations, going back to the Code and finding the relevant section can be genuinely powerful. A letter or email that says "under Chapter 9, paragraph 9.14 of the SEND Code of Practice, the local authority has a duty to..." tends to land differently than one that simply says "this doesn't feel fair." You are citing the same document they are supposed to be following.
What the Code does not do
The Code of Practice is guidance, not law. The actual legal duties come from the Children and Families Act 2014 and associated regulations. The Code tells you how the Act should be implemented, not what the Act says. If you are in a dispute that is heading toward Tribunal, you will be arguing about the Act and the regulations, with the Code as supporting context. It is a powerful document, but it is not the whole picture.
Where to start
If you are new to the Code, start with the short introduction at the beginning, then jump to whichever chapter matches your current situation. Chapter 9 is the most frequently relevant for families mid-EHCP journey. Keep a note of any paragraph numbers that apply to your situation. Then, when you need to challenge a decision, you have something concrete to refer to. Your local SENDIASS adviser can also help you locate the right sections for your specific circumstances.