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• 23 Mar 2025

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  Can't answer yes or no.:

  Ms Dean,

  Your question states that a "child's EHCP allegedly states ethnicity". This suggests either that the ethnicity recorded is inaccurate, or that you are querying whether ethnicity ought to be included in Section A of an EHCP.

  If the ethnicity recorded is incorrect, you are entitled to request that the local authority (LA) amend the record to reflect the accurate information.

  If your enquiry concerns whether ethnicity should be included in Section A, it is helpful to refer to r.12 (1) The Special Educational Needs and Disability Regulations 2014 , which stipulates that Section A must contain:

  “(a) the views, interests and aspirations of the child and his parents or the young person.”

  On the face of it, there is no statutory requirement to record a child’s ethnicity in Section A. Furthermore, the SEND Code of Practice does not address this issue.

  However, many local authorities routinely collect and record ethnicity data as part of their obligations under the public sector equality duty. This duty, established unders149 The Equality Act 2010 , requires public bodies to eliminate discrimination, advance equality of opportunity, and foster good relations between different groups.

  Ethnicity—falling under the protected characteristic of "race"—is often recorded alongside other factual information about the child, such as contact details etc, to support equality monitoring and compliance with legal duties.

  While many would agree that recording ethnicity serves a legitimate, valuble and constructive purpose, strictly speaking, there does not appear to be any legal impediment to a parent requesting that it be removed from a child’s EHCP—particularly from Section A, where its inclusion is not expressly required by law.

  Sean Kennedy

  

  Sean Kennedy
  Talem Law

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