Under the Children and Families Act 2014 you are classed as a young person on the last Friday in June after you turn 16, until you turn 25.
We hope that you find this page helpful. If you have any questions, you can get in touch and we will try to answer them for you.
SEND law and legislation
There are some laws and legislation about SEND, to make sure that you are treated fairly and receive the support you need from schools, settings, colleges and the local authority (Leicestershire County Council). These are:
The Children and Families Act (CAFA)
This is law that the local authority (Leicestershire County Council) and schools must follow. Section 3 of this act is about young people.
There is a Young Person’s guide to the Children and Families Act that you might find helpful.
The SEND Code of Practice (COP)
This is legislation, it provides more detail about the law (CAFA).
If it says that the LA (Leicestershire County Council) school or college MUST do something, then this is a legal request that they have to follow.
If it says SHOULD, then this is guidance and not law that they should follow unless there is a good reason not to.
The SEND regulations (SEND Regs) and 2015 amendments
These are legally binding rules to support the law (CAFA).
The SEND regulations for personal budgets
These are legally binding rules and regulations about direct payments and personal budgets that support the law (CAFA).
The Equality Act 2010
This is law to protect you from being unfairly treated (discriminated against) because of any disability that you may have.
The Equality Act disability regulations 2010
These are legally binding rules to support the law (EA).
Your views, wishes and feelings
As a young person, you should have your say about your SEND, education and any decisions that are made about it, but you can still ask a parent/ carer or someone you trust to help or advocate for you if you prefer.
Also, if you struggle to talk to people you don’t know but want some advice we can speak to your parents about your concerns or try to answer any questions you may have, if you prefer.
The SEND code of practice tells us that as a young person, Leicestershire County Council must:
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Listen to and respect your views, wishes and feelings
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Involve you in decisions about your education
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Give you relevant information about your education
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Accept information from you about your education
If you need support to express your views, wishes and feelings you can speak to your school, college or setting, support worker, parent/carer or trusted individual to help you to think about and record your thoughts and wishes.
You can find more advice about this in our decision making toolkit helpful.
What to do if you are unhappy with your support or a SEND process
If you are unhappy with a matter to do with your SEND you have the right to make a complaint about it.
Your parents or carers are responsible for making sure you are safe and well usually until you reach the age of 18. This is because the law states that until you reach this age, you are still regarded as a minor and therefore your parents are still legally responsible for your welfare. This does not mean however that you have no say in decisions that directly affect you. In fact, reaching 16 means you obtain specific new rights against your parents. The law will also typically take into account your wishes and feelings when it comes to certain decisions your parents make that affect you. For more information about many different topics then visit this site for more information; 16 Year Old Rights Against Parents
The DfE have made a young person’s guide about making a complaint that you might find helpful. Ipsea can also provide you with information about making a complaint or challenging a decision.
Disclaimer
Whilst we hope that you find these resources helpful, the information in this section is not endorsed by Leicestershire SENDIASS and we're not responsible for the content of sites or services offered by third parties.