SEND Code of Practice

The Code of Practice applies equally to Local Authorities, health and social care staff, maintained schools, academies, and free schools.

It is relevant to head teachers and principals, governing bodies, school and college staff, special educational needs (SEN) coordinators, early education providers, local authorities and health and social services staff.

A Code of Practice ensures a consistent approach which means that all children with SEND are being given the same consideration and therefore reduces any kind of ‘postcode lottery’.

The statutory nature of the Code of Practice ensures that everyone is aware of their legal obligations and can be held accountable if they are not being followed.

• Schools, colleges and services should have high aspirations and work to improve outcomes for all children and young people with SEND.
• Education, health and social care must plan and work together so that support is joined‑up.
• Every Local Authority must publish a Local Offer, explaining the support available for children and young people with SEND or disabilities.
• Children, young people and their families should be fully involved in decisions about individual support and about wider planning of services.
• There is a strong focus on high‑quality teaching for everyone, with a graduated approach to identifying and supporting SEND.
• For children and young people with more complex needs, there is a co‑ordinated assessment process for an Education, Health and Care (EHC) Plan, covering ages 0–25.
• Support should help children and young people to achieve in their education and prepare for adult life (known as Preparation for Adulthood).
• The Code explains duties linked to the Equality Act 2010 and the Mental Capacity Act 2005.

An overview of the equality act and mental capacity can be found here:

• Equality Act 2010 overview
• Mental Capacity Act 2005 overview

The code says that every child and young person has the right to a suitable education, and that every school must identify and support pupils with special educational needs. To comply with the law and follow good practice, schools need to:

• Make sure children and young people with SEN can take part in school activities alongside their peers.
• Appoint a teacher to coordinate SEN provision (the SENCO).
• Tell parents whenever they put special educational support in place for a child.
• Publish an SEN Information Report, including:
  • how they admit disabled children,
  • what they do to prevent disabled pupils being treated less favourably,
  • what facilities they provide to support access, and
  • their accessibility plan for improving access over time.
• Record pupils with SEN on a SEN Register and have clear provision mapping in place.
• Provide training so staff can identify and support children with SEND as early as possible.

All schools and settings have wider responsibilities to provide a strong, universal offer for every child, including those with SEND. They must also follow a graduated-approach.