Duties of Schools and Local Authorities

Section 20 Children and Families Act 2014 defines a child as having Special Educational Needs (SEN) if he or she "has a learning difficulty or disability which calls for special education provision to be made for him or her". 

A child is considered to have a learning difficulty if she or he: 

• has a significantly greater difficulty in learning than the majority of others of the same age; or
• has a disability which prevents or hinders them from making use of facilities of a kind generally provided for others of the same age in mainstream schools or mainstream post 16 institutions. 

In the Equality Act 2010  a person is classed as disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. 

• Normal day-to-day means things that people do on a regular basis, for example mobility, dressing or cleaning (physical co-ordination), and having a conversation. 
• Long-term usually means the impairment should have lasted or be expected to last at least a year. 
• Substantial means not minor or trivial. 
• Physical impairment includes sensory difficulties such as visual or hearing impairments 
• Mental impairment includes learning difficulties, autism, dyslexia, speech and language difficulties, attention deficit hyperactivity disorder (ADHD). 
• Some specified medical conditions, such as HIV, multiple sclerosis and cancer are all considered as disabilities, regardless of their effect. 

There are some specific conditions which will not amount to an impairment under the Equality Act 2010. 

• emotional and behavioural difficulties (EBD);
• Autism;
• Attention Deficit (Hyperactivity) Disorder (ADHD/ADD);
• specific learning difficulties such as Dyslexia;
• Obsessive Compulsive Disorder;
• communication difficulties;
• medical needs such as Epilepsy and Cerebral Palsy;
• mobility difficulties.

If your child has SEN, they may need extra help in a range of areas, for example:

• reading, writing, number work or understanding information;
• expressing themselves or understanding what others are saying;
• making friends or relating to adults;
• behaving properly in school;
• organising themselves;
• sensory or physical needs which may affect them in school.

Every school is required to have systems in place to identify children who are in need of support and to assess, monitor and secure appropriate support for any SEN they may have. Under paragraph 6.2 of the "Special educational needs and disability code of practice: 0 to 25 years", each school must:

• use their best endeavours to make sure that a child with SEN gets the support they need – this means doing everything they can to meet children and young people’s SEN;
• ensure that children and young people with SEN engage in the activities of the school alongside pupils who do not have SEN;
• designate a teacher to be responsible for co-ordinating SEN provision – the SEN co-ordinator, or ‘SENCO’ (not applicable to 16 to 19 academies);
• inform parents when they are making special educational provision for a child;
• prepare a SEN information report and setting out:
  • their arrangements for the admission of disabled children;
  • the steps being taken to prevent disabled children from being treated less favourably than others;
  • the facilities provided to enable access to the school for disabled children; and
  • their accessibility plan showing how they plan to improve access progressively over time.

Schools are also required to involve parents in the process.

Schools are provided with additional money to provide support for children with SEN, this is called their delegated budget. Each child with SEN is entitled to receive up to £6,000 funding from their school per year.

There are 2 stages of support for meeting the needs of children with SEN: Additional SEN Support and an Education, Health and Care Plan (EHCP).

• Identify, assess and provide for children with SEN.
• Audit, plan, monitor and review SEN provision.
• Provide support through an information, support and advice service (IASS) for young people with SEN.
• Liase with other partners whose job it is to support children with SEN (such as schools, colleges, and health bodies).
• Secure training, advice and support for staff working with SEN.

If the Local Authority conduct an EHC needs assessment and determine that the child does require an EHCP then they can work to put one in place.

The purpose of an EHCP is:

• to make special educational provision to the meet the SEN of the child or young person;
• so as to secure the best possible outcomes for them across education, health and social care, and
• to prepare them for adulthood, as they grow older.

Under paragraph 9.2 of the “Special educational needs and disability code of practice: 0 to 25 years“, the assessment and EHCP, if granted, should:

• establish and record the views, interests and aspirations of the parents and child or young person;
• provide a full description of the child or young person’s SEN and any health and social care needs;
• establish outcomes across education, health and social care based on the child or young person’s needs and aspirations;
• specify the provision required and how education, health and care services will work together to meet the child or young person’s needs and support the achievement of the agreed outcomes.

An EHCP is legally binding – the support detailed in the Plan must be provided. These Plans can be in place for children or young people between birth and the age of 25. Young people aged 18-25 with an EHCP will continue to have their needs reviewed on at least an annual basis, to ensure the right level of support is being provided across the areas of education, health and social care.