The SEND Code of Practice 2015 is the statutory guidance schools, colleges and councils in England must follow to support 0-to-25s with special educational needs or disabilities. It remains current law in 2026.
What makes it statutory, not advisory
The Code is issued by the Secretary of State under section 77 of the Children and Families Act 2014. The bodies that section names, which include every school governing body and academy proprietor, must have regard to it when carrying out their special educational needs functions. That is stronger than it sounds: you can depart from the Code only where you have a clear, lawful, justifiable reason and can show it. The First-tier Tribunal also has to have regard to it when it hears an appeal.
A second distinction inside the document matters just as much. Where the Code says must, it points to a binding legal duty set out in law. Where it says should, it sets out expected practice you can only deviate from for good reason. Reading those two words correctly is usually the difference between knowing what is mandatory and what is strongly recommended.
What the Code sits on top of
The Code does not stand alone. It explains how to carry out the duties in Part 3 of the Children and Families Act 2014, which holds the core SEND law: the definition of SEN, EHC needs assessments and plans, the duty to admit a child where your school is named in their EHC plan, and the council’s duty to secure the provision in Section F. It works alongside the SEND Regulations 2014, which set out the fine detail, such as the duty to publish a SEN information report. Running in parallel, but sitting outside this framework, are your Equality Act 2010 duties to disabled pupils, including reasonable adjustments and not discriminating because of disability.
The mechanisms a school is governed by
For a school, most of the Code lands in a handful of working mechanisms:
- The graduated approach: the assess, plan, do, review cycle you run for any pupil with identified SEN.
- SEN Support: the help a school provides without an EHC plan, on the basis of need rather than a formal diagnosis.
- The SEN information report, published on your website, and the best-endeavours duty to use your resources to meet pupils’ needs.
- The EHC plan duties: admit the child if your school is named, and deliver the special educational provision the council has secured in Section F.
These apply on identified need, so a pupil does not have to hold a diagnosis to trigger them. The fuller picture is set out in our note on a school’s legal duties under the Code, and the matching council-side duties under the Children and Families Act 2014.
What the 2026 reforms change (and what they do not)
The February 2026 Schools White Paper, Every child achieving and thriving, signals a direction of travel: Individual Support Plans as a proposed new duty on every setting, with EHC plans narrowed over time toward the most complex needs, taken forward through a proposed Education for All Bill. None of that is operative law yet. The government has stated that no changes to the support given by EHC plans will begin before September 2030, with full implementation phased well beyond that. So a school cannot point to the reforms as a reason not to follow the Code today. The position is set out on the DfE Education Hub.
Where the law comes from
- SEND Code of Practice: 0 to 25 years (statutory guidance, DfE & DH)
- Children and Families Act 2014, section 77 (the 'must have regard' duty)
- SEND Regulations 2014, regulation 51 (SEN information report)
- Equality Act 2010, section 20 (duty to make reasonable adjustments)
- Schools White Paper: changes to the SEND system (DfE, 2026)
Related
This page is general information, not clinical or legal advice.