Understanding Your Child's Educational Rights

Education is one of the biggest concerns parents raise at our support groups. Is my child getting the right support? Should I push for an EHC Plan? What if the school doesn't understand deafness? These are fair questions, and the legal framework is supposed to provide answers — though in practice it doesn't always work as smoothly as it should.

This guide covers the key elements of the system in England. The rules differ slightly in Scotland, Wales, and Northern Ireland.

The SEND Code of Practice

The SEND Code of Practice is the government guidance that sets out how schools, local authorities, and health services should support children with special educational needs and disabilities. It applies to children from birth to age 25 and covers both mainstream and specialist settings.

For deaf children, the Code recognises that hearing loss can affect language development, communication, social interaction, and access to the curriculum. Schools are expected to identify and address these needs proactively, not wait until a child falls behind.

SEN Support

Most deaf children in mainstream schools receive what's called SEN Support (previously known as School Action and School Action Plus). This means the school puts in place additional or different provision to help your child access learning. Examples include:

• Preferential seating near the teacher.
• A radio aid or FM system in the classroom.
• Regular visits from a teacher of the deaf (ToD).
• Pre-teaching of vocabulary for upcoming lessons.
• Visual aids and written instructions alongside spoken directions.
• Speech and language therapy input.

The school's SENCO should create an individual plan for your child, reviewed at least three times a year. You should be involved in setting targets and reviewing progress.

Education, Health and Care (EHC) Plans

If your child's needs are more complex or the school can't meet them through SEN Support alone, you or the school can request an EHC needs assessment from the local authority. An EHC Plan is a legal document that describes your child's needs and sets out the specific provision that must be delivered.

Requesting an Assessment

You can request an EHC needs assessment at any age from birth to 25. The local authority has six weeks to decide whether to carry out the assessment. If they agree, they'll gather information from you, the school, health professionals, and anyone else involved with your child. The full process — from request to final plan — should take no more than twenty weeks, though delays are common.

What an EHC Plan Covers

An EHC Plan has several sections:

• Section A: Your child's views and aspirations.
• Section B: Your child's special educational needs.
• Section C: Health needs related to SEN.
• Section D: Social care needs related to SEN.
• Section F: The special educational provision required.
• Section I: The school or setting named.

The provision in Section F is legally binding. The local authority must ensure it's delivered. This is what makes an EHC Plan powerful — it's not a wish list, it's a legal requirement.

Annual Reviews

EHC Plans must be reviewed at least once a year. The review looks at whether the provision is in place, whether it's working, and whether the plan needs updating. You should receive a written report after each review.

Your Rights as a Parent

The system gives parents significant rights, though exercising them sometimes requires persistence:

• You can request an EHC needs assessment yourself — you don't need to wait for the school to do it.
• If the local authority refuses to assess or refuses to issue a plan, you can appeal to the SEND Tribunal.
• You have a right to express a preference for a particular school, including mainstream, specialist, or independent provision. The local authority must comply unless it's unsuitable for the child, incompatible with the efficient education of others, or an inefficient use of resources.
• You can involve an advocate or supporter at meetings and reviews.
• You can access free, impartial advice from your local SEND Information, Advice and Support Service (SENDIASS).

Common Issues and How to Address Them

School Says They Can't Provide a Radio Aid

If your child needs a radio aid for classroom listening, the school is expected to provide it as a reasonable adjustment. If they resist, contact your child's teacher of the deaf and, if necessary, reference the Equality Act 2010. Schools cannot refuse to make reasonable adjustments for a disabled pupil.

Local Authority Refuses an Assessment

If your request for an EHC needs assessment is turned down, you have the right to appeal to the SEND Tribunal. Before going to tribunal, consider getting advice from IPSEA, which provides free legally-based guidance on SEND matters.

Support Isn't Being Delivered

If the provision described in your child's EHC Plan isn't being put in place, raise it first with the school's SENCO. If that doesn't resolve things, escalate to the local authority's SEND team. Keep records of all communication.

Choosing the Right School

Deaf children attend a range of settings: mainstream schools with visiting teacher of the deaf support, mainstream schools with a resource base or unit for deaf children, and specialist schools for deaf children. Each has advantages, and the right choice depends on your child's needs, communication approach, and personality. Our guide on transitioning to secondary school covers this in more detail for families approaching that stage.

The NDCS has detailed information on school choice and the SEND process, and their helpline can provide personalised advice. For local support, get in touch with us or attend one of our parent groups.