Children and young people in England have a right to access a suitable education. For children of compulsory school age, parents must ensure they receive suitable full-time education, either at school or otherwise, and local authorities have duties where a child would not otherwise receive suitable education because of illness, exclusion or other reasons. Children and young people with SEND or disabilities may also have rights to SEN Support, reasonable adjustments, an Education, Health and Care Plan (EHCP), or provision arranged by the local authority.
Education rights are not only about having a school place. They are about whether the child or young person can actually access education in a way that is suitable for their age, ability, aptitude and needs.
The right to education means more than being placed on a school roll. It means a child or young person should have effective access to education that is suitable for them.
At a broad human rights level, the right to education is protected by Article 2 of Protocol 1 of the Human Rights Act framework, which says that no person should be denied the right to education. The Equality and Human Rights Commission explains this as protection for access to an effective education, alongside parents’ rights for their religious and philosophical beliefs to be respected in education.
In everyday SEND work, families usually experience this right through more practical questions:
A child can technically be “on roll” at a school but still not be receiving meaningful education. That can happen where they are on a long-term part-time timetable, repeatedly sent home, too anxious to attend, medically unable to access school, excluded without proper alternative provision, or receiving work that does not match their needs.
That is why the practical question is often not just “Does this child have a school place?” but “Is this child actually receiving a suitable education?”
Responsibility is shared, and this is where families can quickly become confused.
Parents have a duty to ensure that a child of compulsory school age receives suitable full-time education, either through regular attendance at school or otherwise. Section 7 of the Education Act 1996 describes this as education suitable to the child’s age, ability, aptitude and any special educational needs they may have.
Schools are usually responsible for day-to-day education, teaching, attendance support, behaviour systems, pastoral support and SEN Support. If a child has SEND, schools and colleges must use their best endeavours to make sure the special educational provision needed is made. The SEND Code of Practice also says high-quality teaching is the starting point and that additional or different provision may be needed for some children and young people.
Local authorities have wider duties. They are responsible for identifying children who may be missing education, arranging education in certain circumstances, carrying out Education, Health and Care needs assessments where the legal test is met, maintaining EHCPs, and securing the special educational provision in plans they maintain. The SEND Code of Practice is statutory guidance for the SEND system for children and young people aged 0 to 25 in England.
In practice, the right organisation to contact depends on the issue. If the problem is classroom support, the school SENCO may be the first step. If the EHCP provision is not being delivered, the local authority needs to be involved. If the child is not receiving suitable education because of illness, exclusion or another reason, the local authority’s duties may become central.
SEND and disability do not create a completely separate education system, but they do add important protections.
A child or young person with SEND may need support that is additional to or different from what is usually available. This might be provided through SEN Support, or, where needs are more complex, through an EHCP.
SEN Support should not be vague. Families should be able to understand what needs have been identified, what support is being provided, who is delivering it, how often it happens and how progress is reviewed.
An EHCP is different. It is a formal plan maintained by the local authority. If the EHCP specifies special educational provision, the local authority is responsible for securing that provision. That does not mean the local authority delivers every session itself, but it does mean families should not be left trying to negotiate provision that is already written into the plan.
Disability rights also matter. Schools and education providers must make reasonable adjustments for disabled pupils and students so they are not discriminated against. GOV.UK explains that reasonable adjustments can include extra support and aids, such as specialist teachers or equipment.
This can be especially important where a child is academically able but cannot access education because of anxiety, sensory needs, fatigue, communication difficulties, mobility needs, emotional regulation needs, medical needs or trauma. A child does not have to be failing academically before support becomes relevant.
This is one of the most urgent areas for families.
A child may be out of school for many reasons: illness, exclusion, emotionally based school avoidance, anxiety, unmet SEND, placement breakdown, safeguarding issues, part-time timetables, managed moves, lack of suitable placement or delays in alternative provision.
Where a child of compulsory school age would not otherwise receive suitable education because of illness, exclusion or other reasons, local authorities have a duty under section 19 of the Education Act 1996 to arrange suitable education at school or otherwise. The Department for Education’s guidance on children who cannot attend school because of health needs describes this as suitable and normally full-time education for children who would not receive suitable education without such arrangements.
Children missing education are also a major concern. GOV.UK describes children missing education as children of compulsory school age who are not registered pupils at a school and are not receiving suitable education otherwise than at school. The latest official children missing education statistics reported 34,700 children missing education on census day in autumn 2025, and an estimated 143,500 children missing education at any point during the 2024/25 academic year.
For families, the important point is not the label. Whether the child is absent, medically unable to attend, excluded, on a reduced timetable or without a placement, the practical questions are:
Long periods without suitable education can quickly affect learning, confidence, mental health, family life and future placement options. Early action matters.
Education rights change after compulsory school age, but support does not simply stop at 16.
In England, a young person can leave school on the last Friday in June if they will be 16 by the end of the summer holidays. After that, they must continue in education or training until 18, which can include full-time education, an apprenticeship, or working or volunteering for 20 hours or more a week while also in part-time education or training.
For young people with SEND, the system can continue beyond 18 where appropriate. The SEND Code of Practice covers children and young people aged 0 to 25, and young people aged 19 to 25 with EHCPs should have access to further education in the same way as 16- to 18-year-olds where they need it and remain in education or training.
This is especially important for young people whose development, communication, independence, learning, social confidence or preparation for adulthood needs more time. The question should not simply be “How old are they?” but “What education or training outcomes are they working towards, and what support do they need to access them?”
Post-16 rights often involve more complex conversations about colleges, specialist settings, supported internships, travel training, personal care, mental health, social communication, independence and preparation for adulthood.
Navigate SEND helps families, young people and professionals make sense of the education picture when the system feels fragmented.
In practice, many families do not need a lecture on the law. They need help organising what is happening, identifying who is responsible and deciding what the strongest next step should be.
Navigate SEND can help by:
This is not about making every situation confrontational. Often the best early step is to make the issue clearer: what is happening, what should be happening, what evidence exists, and what decision is needed.
For example, if a child is on a part-time timetable, the next step may be to clarify whether this is genuinely short-term, how it is being reviewed, what education is being missed and whether SEND or health needs have been properly assessed.
If a child has an EHCP but provision is not happening, the issue may be about implementation and local authority responsibility.
If a young person is moving to college, the issue may be whether the course, support, transport, independence goals and EHCP outcomes match.
If a child is out of school altogether, the priority may be ensuring suitable education is arranged now while the longer-term placement question is resolved.
Families should consider seeking help when the child or young person’s education is becoming unclear, reduced, inaccessible or unstable.
Warning signs include:
The earlier the situation is organised, the easier it is to identify the right route. Families often wait until crisis point because they are trying to be patient. Patience matters, but so does clarity.
Children have a right to education, but education does not always have to take place in a school. Parents can arrange education otherwise than at school, and local authorities may need to arrange education outside school in some circumstances. The key question is whether the education is suitable.
Being on roll is not the same as receiving suitable education. If a child cannot attend because of illness, anxiety, exclusion, unmet SEND or another reason, the school and local authority may need to consider what support or alternative education is required.
An EHCP should make education support much clearer, but it still needs to be implemented. If the special educational provision in the EHCP is not being delivered, the local authority should be contacted because it is responsible for securing that provision.
Yes, where it is appropriate and they remain in education or training. Some young people with EHCPs need longer to work towards education, training, independence or preparation for adulthood outcomes.
Yes. Navigate SEND can help organise the situation, identify whether the issue is attendance, SEND support, EHCP provision, health needs, exclusion, placement or local authority responsibility, and help prepare the next step.
If your child or young person is not accessing suitable education, or you are unsure who should be doing what, Navigate SEND can help you make sense of the current position and plan the strongest next step.