SEND Code of Practice

Statutory guidance for organisations.

The SEND Code of Practice is statutory guidance for organisations that work with and support children and young people with special educational needs and disabilities.

It is a set of guidelines that the DfE say local authorities and schools should follow. It is not a legal document, but it does contain legal requirements and statutory guidelines as set out in the Children and Families Act 2014, the Equality Act 2010, and the Special Educational Needs and Disability Regulations 2014.

It covers the 0-25 age range and includes guidance relating to disabled children and young people as well as those with SEN.

SEND Code of Practice

Who does the SEND Code of Practice apply to?

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.

Why is it important?

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.

What are the key points?

  • High aspirations and improving outcomes for children and young people are paramount.
  • Joint planning and commissioning of services to ensure close co-operation between education, health and social care. 
  • A Local Offer of support for children and young people with SEN or disabilities to be published by Local Authorities
  • Children, young people and parents are much more involved in decision-making at individual and strategic levels.
  • A stronger focus on first quality teaching with a graduated approach to identifying and supporting pupils and students with SEN emphasised 
  • For children and young people with more complex needs a co-ordinated assessment process for an 0-25 Education, Health and Care plan (EHC Plan) 
  • Greater focus on support that enables those with SEN to succeed in their education and make a successful transition to adulthood (Preparation for Adulthood) 
  • Information is provided on relevant duties under the Equality Act 2010 and the Mental Capacity Act 2005.

 

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

 

What the SEND Code of Practice means for educational settings

The code states that all children and young people are entitled to an appropriate education, and that “every school is required to identify and address the SEN of the pupils that they support”. To achieve this, schools are obligated to:

  • 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.
  • inform parents when they are making special educational provision for a child.
  • prepare an SEN information report and 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 that illustrates how they plan to improve access progressively over time.
  • SEN children should also be identified on a SEN Register with provision mapping in place.
  • training must be delivered to help staff identify and support children with SEND to ensure early identification.

Al schools and a settings have greater duties to ensure strong universal offers of provision for all children including those with SEND and instigate a graduated approach. The Graduated Approach refers to the system of SEN support which is required to be in place within mainstream settings. It is the system by which settings should assess the needs of children and young people and then provide appropriate support. The system should follow four stages, often referred to as a 'cycle': Assess, Plan, Do, Review the purpose being to remove barriers to learning and put effective special educational provision in place.