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Parents have extensive rights in English law regarding their children's education, welfare, and upbringing. These rights are enshrined in the Education Act 1996, the Children and Families Act 2014, and the Children Act 1989. Understanding these rights helps you advocate effectively for your child.
Last updated: 2026-03-01
Your Rights
Right to Choose a School
You have the right to express a preference for your child's school. The local authority must comply with your preference unless the school is full, your child does not meet the admissions criteria, or admission would prejudice the provision of efficient education. Appeals can be made to an independent admissions appeal panel.
Right to SEN Support
If your child has special educational needs or a disability, you have the right to request an Education, Health and Care (EHC) needs assessment. If an EHC plan is issued, the local authority must provide the support specified in it. You can appeal to the SEND Tribunal if you disagree with a decision.
Right to Information
You have the right to access your child's school records, receive reports on their progress, be informed of exclusions, and be consulted on significant changes affecting your child's education.
Right to Be Involved in Social Services Decisions
If social services become involved with your family, you have the right to be informed, consulted, and to participate in assessments and child protection conferences. You can bring a supporter or advocate. You have the right to complain and to seek legal advice.
Right to Home Educate
You have the right to educate your child at home (elective home education). You do not need the local authority's permission, but must provide a suitable education. The local authority can make informal enquiries.
Common Myths
Schools can refuse to accept my child with SEN
Maintained schools cannot refuse admission solely because a child has SEN. If an EHC plan names the school, the school must admit the child.
Social services can take my children away without going to court
Social services cannot remove children without either parental consent or a court order (Emergency Protection Order or Police Protection powers for immediate danger only).
What To Do
Request an EHC Assessment
Write to your local authority requesting an EHC needs assessment for your child. They must respond within 6 weeks.
Appeal to the SEND Tribunal
If you disagree with an EHC decision, register an appeal with the SEND Tribunal within 2 months.
Seek Advice
Contact IPSEA (Independent Provider of Special Education Advice) or your local Parent Carer Forum for free advice.
Key Legislation
- Education Act 1996
- Children and Families Act 2014
- Children Act 1989
- Equality Act 2010