A recent BBC article stated that over 300 children with Special Educational Needs and Disabilities (SEND) in Surrey are currently facing distressing delays in securing appropriate school placements for the upcoming academic year. This ongoing issue leaves families in limbo and can significantly impact a child’s educational progress and well-being.
Why is SEND support in Surrey so limited?
According to Surrey County Council the number of children with Education, Health and Care Plans (EHCPs) more than doubled between 2018 and 2025. This increase in demand outstrips the available specialist provision. Despite the council’s investment in SEND programmes, the lack of enough specialist schools capable of meeting the needs of students has led to the need of the council to explore out of county placements for pupils. The process of naming a school in an EHCP, especially when it involves cross-border placements, specialist independent schools and complex individual needs can be a complex and expensive process. We are all aware that Local Authorities are overstretched and have significant budgetary constraints, and this is likely to have resulted in even bigger delays and administrative bottlenecks.
What are the legal rights of parents?
Parents of children with SEND in England and Wales have significant legal rights, primarily enshrined in the Children and Families Act 2014 and the Education Act 1996, along with the SEND Code of Practice: 0 to 25 years.
Key rights and provisions include:
- Right to an Education, Health and Care Plan (EHCP): If a child has special educational needs and needs special educational provision parents can request an EHC needs assessment. If an EHCP is issued, it is a legal document outlining the child’s needs, the provision required, and the named educational placement.
- Parental preference for school placement: Parents have the right to express a preference for a particular school to be named in their child’s EHCP. The local authority needs to consider this preferred school unless it is unsuitable for the child’s age, ability, aptitude, or special educational needs, or if its admission would be incompatible with the efficient education of other children or the efficient use of resources. Crucially, a school cannot refuse admission simply because it is “full” – the local authority must provide clear reasons why the education of other children would be affected.
- Duty to provide suitable full-time education: Under Section 19 of the Education Act 1996, local authorities have a duty to make arrangements for suitable full-time education for children of compulsory school age who, for reasons of illness, exclusion, or otherwise, may not receive suitable education unless such arrangements are made. This applies to children who are out of school due to delays in placement.
- Appeals to the SEND tribunal: If a local authority refuses to carry out an EHC needs assessment, refuses to issue an EHCP, refuses to amend an EHCP, or parents disagree with the named school or the content of the EHCP, they have the right to appeal to the First-tier Tribunal (Special Educational Needs and Disability). This is an independent national tribunal.
- No unlawful exclusions: Schools cannot exclude a child simply because their special educational needs cannot be met or for reasons related to their disability. “Informal” or “unofficial” exclusions are unlawful.
How we can help
Sadly, being faced with limited provision and long, stressful delays is not something new for Surrey families. At Enable Law, we have a specialist education team led by Sarah Palmer that over the years, has supported many Surrey families secure the right education package for their children.
If you find yourself being in limbo, we may be able to help you. Call us on 0800 044 8488 or fill in our contact form so we can call you back at a time convenient to you to help you understand your options.
