The definition
The graduated response is the assess-plan-do-review cycle settings use for children on SEN Support. At LA level it is the area-wide framework the council publishes in its Local Offer before an EHC needs assessment. The cycle itself is a school-level duty. The SEND Code of Practice 2015 (paragraphs 6.44 to 6.56) sets out four recurring stages, with each turn of the cycle drawing on more detailed approaches, more frequent review and more specialist expertise as understanding of the child's needs grows. A diagnosis is not a gate: the cycle applies to any child identified as having SEN, whether or not they hold a clinical label, because identification is needs-led.
What "at LA level" actually means
A council does not run the assess-plan-do-review cycle for individual children. Its role is strategic, and it shows up in two places. First, the council publishes the tiered expectations that frame what settings should provide across its area. Second, it relies on an evidenced graduated response as the precondition before its statutory threshold for an EHC needs assessment is engaged. The Children and Families Act 2014 (section 30) requires every local authority to publish and keep under review a Local Offer of the provision it expects to be available in its area, and that is the vehicle the area graduated response sits inside.
Most published area frameworks describe provision in three tiers. The labels vary by council, but the shape is consistent:
| Tier | Who it reaches | What it looks like |
|---|---|---|
| Universal | All children and young people | Quality-first teaching and inclusive practice available to every pupil without referral |
| Targeted | Children identified with SEN | Additional or different support delivered through SEN Support, on top of universal provision |
| Specialist | Children with the most complex needs | Highly individualised provision, often drawing on external services and, where needed, an EHC plan |
Set together, these tiers describe the ordinarily available provision the council expects settings to make from their own resources before any statutory process begins.
Why the distinction matters when you are challenged
The two meanings carry a real consequence. The council must secure an EHC needs assessment where the child has or may have SEN and it may be necessary for special educational provision to be made through an EHC plan (Children and Families Act 2014, section 36). The familiar test of whether provision can reasonably be made from the resources normally available is the gloss the SEND Code of Practice 2015 puts on that threshold, not the words of the section. In practice that means a properly evidenced graduated response, through assess, plan, do and review, should usually have been worked through first. When parents or settings challenge the council, the published area framework is what defines "normally available" against which that judgement is made. A framework that is vague, out of date or silent on the tiers leaves the authority defending a moving line.
Reform watch
SEN Support and the graduated response are current law. The February 2026 Schools White Paper and the Education for All Bill propose a statutory Individual Support Plan duty on settings and a narrowing of EHC plans towards the most complex needs by 2035, with no changes taking effect before September 2030. State the current framework in any paper and flag the direction of travel without committing to a timeline. The SEND Code of Practice 2015 remains the source for the current cycle.
This page is general information, not clinical or legal advice.
Where the law comes from
Related
This page is general information, not clinical or legal advice.