The council’s letter cites “the Code of Practice” twice. The SENCO (special educational needs coordinator) mentioned it three times in one meeting, with the quiet authority of someone quoting scripture. And you nodded along, because everyone in the SEND system seems to know this document except the parents and carers it exists to serve.
Here’s what they don’t always mention: the SEND Code of Practice is public, free, and written to be quoted. Once you know what it is and how much weight it carries, “the Code says” works just as well for you as it does for them.
The short version: the SEND Code of Practice is statutory guidance issued under section 77 of the Children and Families Act 2014. It tells councils, schools, colleges and NHS bodies in England how the SEND system must work, from the early years to age 25. It isn’t an Act of Parliament, but the organisations it names can’t lawfully ignore it.
If the acronyms themselves are still a blur, start with our plain-English SEND glossary, which defines the terms. This guide is about the rulebook the whole system leans on: where it comes from, which pages matter, and how to use them.
What the SEND Code of Practice is
The document’s full name is the Special educational needs and disability code of practice: 0 to 25 years. It’s published jointly by the Department for Education (DfE) and the Department of Health. The first version came into force in September 2014, and the current version, published in January 2015, has applied since 1 April 2015.
It runs to 292 pages across 11 chapters. They start with the system’s principles and the information families are owed, then move through the Local Offer, early years settings, schools and colleges. The later chapters cover preparing for adulthood, EHC needs assessments, children in specific circumstances, and resolving disagreements.
Nobody needs to read it cover to cover. The full PDF is free to download, and searching it for the word you need beats reading it like a novel. Every paragraph is numbered by chapter, which is exactly what makes it quotable.
How much legal weight does it carry?
“Statutory guidance” sits in a specific place between law and advice, and getting this right changes how you write your letters.
The law itself is the Children and Families Act 2014 and its regulations. The Code explains how the bodies running the system must carry those duties out. Under section 77(4) of the Act, those bodies “must have regard to” the Code. The Code’s own introduction spells out what that phrase means in practice.
Whenever they are taking decisions they must give consideration to what the Code says. They cannot ignore it.
The Code also uses two words very deliberately, and it tells you so in its introduction. Where a sentence says must, it’s describing a legal requirement under legislation, regulations or case law. Where it says should, the guidance still has to be considered, and anyone departing from it is expected to explain that departure.
There’s one more line of section 77 worth knowing. Under section 77(6), the First-tier Tribunal must have regard to any relevant provision of the Code when it decides a SEND appeal. So quoting the Code isn’t a rhetorical flourish. The judge who may eventually decide your case is required to consider the same paragraphs you’re citing.
Who must follow the Code?
Section 77(1) lists exactly who the Code is addressed to, and it’s a longer list than most parents expect. It isn’t just the council’s SEND team.
- Local authorities - education and social care functions alike
- Schools - maintained schools, academies, free schools and pupil referral units
- Colleges - further education and sixth form colleges
- Early years providers - nurseries and other settings funded by the local authority
- NHS bodies - NHS England, integrated care boards, NHS trusts and foundation trusts
- The SEND Tribunal - must have regard to the Code when deciding appeals
Youth offending teams and relevant youth custodial establishments are on the list too. The practical point is simple: whichever of these you’re dealing with, the Code applies to it. “That’s a school matter, not ours” doesn’t move the duty anywhere.
The chapters parents use most
Eleven chapters sounds like a lot, but disputes keep coming back to the same few places. These are the pages worth knowing before a meeting.
Chapter 6 and the graduated approach
Chapter 6 covers what mainstream schools must do, with or without an EHCP (Education, Health and Care Plan). Its best-known section is paragraph 6.44, which says SEN support “should take the form of a four-part cycle”: assess, plan, do, review. That cycle is called the graduated approach. If school has parked your child on “we’re keeping an eye on it”, this is the paragraph that names what should be happening instead. Our SEN Support guide walks through the cycle in detail.
Chapter 6 also sets out the four broad areas of need: communication and interaction, cognition and learning, social, emotional and mental health, and sensory or physical needs. When a school gets hung up on labels, paragraph 6.27 is worth remembering. Identification exists “to work out what action the school needs to take, not to fit a pupil into a category”.
Chapter 9 and EHC needs assessments
Chapter 9 is the one councils quote when they refuse to assess, and the one to quote back. Paragraph 9.14 lists the evidence a council should consider when deciding whether to assess. Paragraph 9.16 says councils may use criteria as guidelines, but “must be prepared to depart from those criteria where there is a compelling reason”. The same paragraph bans “blanket” policies for particular groups or types of need. If a refusal letter reads like a policy rather than a decision about your child, that refusal can be challenged.
The chapter also carries the statutory deadlines, and they’re maximums, not targets.
- Decision to assessThe council must tell you whether it will carry out an EHC needs assessment
- Draft plan and your viewsYou get at least 15 calendar days to comment on a draft EHCP and ask for a school to be named
- Final EHCP issuedThe whole process, from request to final plan, must be complete
There are narrow exceptions to the 20 weeks, such as the family being away from the area for four weeks or more. “We’re very busy” isn’t one of them. If you’re starting this process, our step-by-step guide to requesting an assessment covers what to send and when.
Chapter 1 and the principles
Chapter 1 restates section 19 of the Act: councils must have regard to the views, wishes and feelings of the child and parents, and to their full participation in decisions. It sounds soft next to deadlines and criteria, but it’s the paragraph to reach for when a decision has plainly been made about your child without you. From 16, these rights sit with your young person directly, and the same paragraphs work for them.
How to quote the Code in a letter
The pattern is short: name the paragraph number, quote the sentence, then ask a direct question. You don’t need lawyer’s language. A paragraph number and a polite, specific question do the work.
For example: “Paragraph 9.16 of the SEND Code of Practice says local authorities must not apply a ‘blanket’ policy to particular groups of children or certain types of need. Please confirm what evidence about my child, individually, was considered in this decision.”
Pay attention to must and should as you pick your sentence. If the Code says must, you’re pointing at a legal duty, so ask when it will be met. If it says should, the body can depart from it, but only with a good reason, so ask for that reason in writing. The Code’s introduction says the Tribunal will expect councils, schools and settings to be able to explain any departure relevant to a case.
Always ask for the departure in writing. An organisation that must have regard to the Code and can’t explain why it stepped away from it has handed you the strongest paragraph of your appeal.
Is the Code about to be replaced?
You may have seen headlines about SEND reform and wondered whether the Code you’re quoting is about to be binned. As of July 2026, it isn’t. The January 2015 Code remains fully in force, and no replacement or draft has been published.
Here’s where things actually stand. The government consulted on reform this spring: SEND reform: putting children and young people first ran from 23 February to 18 May 2026. The responses are still being analysed. That consultation says the Code will be updated after new legislation, with its own consultation on the changes. Among the proposals: refreshed “areas of development” replacing the current “areas of need”.
Nothing has changed yet. Until a revised Code is published and in force, the January 2015 Code is the one every council, school and NHS body must have regard to. If anyone tells you otherwise, ask them to name the document they’re relying on.
Common misconceptions
“It’s just guidance, so they can ignore it.” They can’t. Having regard to the Code means considering it whenever decisions are taken, and being able to explain any departure from it.
“The Code is where your rights come from.” Your rights come from the Children and Families Act 2014 and its regulations. The Code explains how those duties must be carried out day to day. The strongest letters cite both.
“It’s already been replaced.” It hasn’t. Reform is being consulted on, and a revised Code would come after new legislation, but the 2015 version is the current one.
“Quoting it guarantees a yes.” It doesn’t. What it does is force a proper, individual answer about your child, and that answer is what appeals are built from.
What to do next
Download the PDF and skim the contents page, just so you know which chapter is yours. Most parents and carers only ever need one or two.
Then, next time you write to the school or council, put one paragraph number in the letter and ask one direct question about it. If you’re not sure where your situation fits in the system at all, our new-parent guide to the SEND system is the gentler starting point.
Getting help
Your local SENDIASS (Special Educational Needs and Disabilities Information, Advice and Support Service) is free and impartial, and its advisers quote the Code for a living. Our SENDIASS guide explains what it can do and how to find yours.
IPSEA (Independent Provider of Special Education Advice) offers free legal advice and template letters when a disagreement hardens into a dispute, and its resources map directly onto the Code’s chapters.