SEND Legal Q&A: Your Rights Explained - Highlights from Emma Thompson's Webinar with Bristol Autism Support

On 30 April 2025, Emma Thompson, Education Solicitor at Watkins Solicitors, joined a virtual webinar hosted by Bristol Autism Support in partnership with Autism Central. The session was designed to help parents and carers understand their rights and next steps when trying to secure support for children and young people with Special Educational Needs and Disabilities (SEND).

Emma answered a wide range of questions from families, offering practical guidance around EHC needs assessments, legal rights, and what to do when support is lacking or unclear.

Below, we’ve summarised some of the most frequently asked questions from the session—and what parents need to know.

Q: My daughter has a My-Plan but I cannot enforce it

A 'My Plan' is a school-based support plan designed to help a child with additional needs within the school's existing resources. However, these plans are not legally enforceable. If the My Plan isn’t being followed or doesn’t meet your child’s needs, you can ask your Local Authority for an Education, Health and Care (EHC) needs assessment. Unlike My Plans, EHC Plans are legal documents, and the support outlined in them must be provided by law.

Q: Does the school have to make the EHC needs assessment request

No. Parents or carers can apply directly to their Local Authority for an EHC needs assessment. You don’t need the school’s permission or a special form—just write a letter or email explaining why your child needs more support.

Q: Can you have an EHC needs assessment, if your child/young person masks

Yes. Masking is when a child hides their struggles in school but shows signs of distress at home. The Local Authority must look at your child’s needs in all environments—not just in the classroom.

Q: We have been told its hard-to-get support for a child/young person because they are doing ‘fine’

This is a common concern. Even if a school says your child is coping, you can still apply for an EHC (Education, Health and Care) needs assessment. Support is based on your child’s overall needs — not just academic performance.

Some children mask their struggles in school and become emotionally dysregulated at home. Others may not have their needs fully recognised if staff aren’t trained to identify special educational needs. While it’s helpful to have the school’s backing, you can still request an assessment yourself — even without the school’s support.

Q: School has identified several areas of need through the ‘assess, plan, do, review’, but are not actioning anything to meet them

If the school recognises your child has special educational needs but hasn’t taken any steps to support them, you can make a direct request to your Local Authority for an EHC (Education, Health and Care) needs assessment.

You do not need to wait for the school to go through cycles of “assess, plan, do, review” — a process known as the Graduated Response — before making your request. While that process can be helpful evidence, it is not required. You are fully entitled to ask for an assessment yourself, at any time, if you believe your child may need more support than a school can typically provide.

Q. I am funding support such as a counsellor, what happens whilst I go through the EHC process?

Unfortunately, until the provision is in an EHC plan, the Local Authority have no duty to provide, and therefore no duty to fund the provision. The LA and the school are not legally bound to fund any provision unless within an EHCP.

Q: If my child is getting no education now and not attending school, what can I do

You need to immediately request an EHC needs assessment and you may have a case for judicial review for failing to provide suitable education. This is likely to need specialist advice to navigate. We recommend contacting our team immediately.

Q: Are Educational Psychologist assessments part of the EHC needs assessment?
Yes. The Local Authority must get advice from an Educational Psychologist as part of the EHC needs assessment. This is to ensure a proper understanding of your child’s learning needs.

Q: Can I ask for Speech and Language or Occupational Therapy assessments too?

You can as part of the EHC needs assessment, request that these assessments be carried out, and they should do if the request is supported by evidence and is reasonable. This is a difficult area which may need specialist advice. We recommend contacting our team.

Q: Do EHC plans come with funding?

An EHC Plan does not list a budget, it lists the specific support your child must receive. The Local Authority is then responsible for making sure that support is paid for and delivered.

If you’re struggling to get the right help in place for your child, know that you are not alone—and that legal advice can make a big difference.

For more information or to speak to our Education Law team, contact info@watkinssolicitors.co.uk 0117 939 0350