Neurodivergent children and young people,  including those with ADHD, autism, dyslexia and related needs are disabled under the Equality Act 2010. Their disabilities are lifelong and affect education, mental health, employment prospects, and daily functioning well beyond childhood.

Despite this, Local Authorities routinely refuse Education, Health and Care Plans (EHCPs) on the basis that a child’s needs can be met through SEN Support a system that is not monitored, enforced, or evidenced. 
In contrast, EHCP provision is legally binding and monitored. SEN Support is not. 
This creates a serious and harmful loophole:

SEN Support plans exist on paper but are frequently not delivered. 
Local Authorities rely on this undelivered support to justify refusing EHCPs
Schools apply sanctions and punishments for behaviours arising from unmet needs
Parents are forced into complaints, mediation, and tribunal appeals simply to prove non-delivery
Neurodivergent children are blamed for the impact of their disability rather than supported

Disability does not disappear because others believe a child is “coping”, “high functioning”, or “just needs better behaviour”. Neurodivergence is not a phase, a parenting issue, or a lack of effort. It is a lifelong condition that requires consistent, accountable support.

We call on the Government to:

Formally recognise and enforce that neurodivergence is a lifelong disability
Introduce a statutory duty to monitor and evidence SEN Support delivery
Prohibit EHCP refusals where SEN Support has not been demonstrably implemented
Align SEN Support accountability with EHCP monitoring standards
Prevent schools from sanctioning children for difficulties arising from unmet SEN needs

No disabled child should be denied lawful support because accountability ends at a plan that is never delivered.