SEND Code of Practice

 

What is the SEND code of practice?

The SEND Code of Practice is an official guide for teachers / professionals working with children who have Special Educational Needs and Disabilities (SEND). It emphasises a family-centred approach to care and education, covering four key areas:

1.        Communication and interaction

2.        Cognition and learning

3.        Social, emotional, and mental health

4.        Sensory and/or physical needs

The Code outlines legal requirements that must be followed by education professionals and provides statutory guidance that should be adhered to unless there's a valid reason not to. Both mainstream and special schools are required to consider the Code, which is published by the Department for Education (DfE) and applies universally, without distinguishing between primary and secondary schools.

The FOUR main areas of the code of conduct

The broad areas of SEND reflect the diverse and often complex learning difficulties children may face. These include:

1.        Communication and interaction: Children with speech, language, and communication needs (SLCN) may struggle to communicate, often due to conditions like autism, pragmatic language impairment (PLI), or sensory processing disorders.

2.        Cognition and learning: Difficulties in literacy or numeracy, such as dyslexia, dyscalculia, and dyspraxia, affect learning. Children with severe learning challenges may also have trouble with basic skills and physical coordination.

3.        Social, mental, and emotional health: Children with SEND may experience or be at higher risk for mental health issues like anxiety, depression, ADHD, or ASD. Emotional regulation and managing behaviours like aggression or self-harm may also require support.

4.        Sensory and/or physical needs: Children with sensory or physical disabilities, such as autism, cerebral palsy, or visual/hearing impairments, may need specialised equipment and assistance to fully engage in learning.

Each child’s needs are unique, and addressing them may require tailored support across these areas.

What does the SEND Code of Practice cover?

The SEND Code of Practice is broken into the following key areas:

·        The principles underpinning the Code

·        The provision of impartial information, advice and support

·        Working together across education, health and care for joint outcomes

·        The local available provisions that your local authority must provide

·        Early Years providers; Schools

·        Further Education

·        Preparing for adulthood from the earliest years

·        Education Health and Care needs assessments and plans (EHC)

·        Children and young people in specific circumstances (i.e. social care needs, youth custody, and care leavers)

·        Resolving disagreements

The principles underpinning the Code

The SEND Code of Practice is guided by principles that prioritise the views, wishes, and feelings of the child or young person and their parents. It emphasises the child’s active participation in decisions and the need to support both the child and their family to achieve the best possible educational and personal outcomes.

These principles promote early identification of needs, enabling timely intervention and fostering collaboration between education, health, and social care services. By adhering to these guidelines, educators help ensure successful preparation for adulthood, including opportunities for independent living and employment where feasible.

The provision of impartial information, advice and support

This section of the SEND Code outlines the responsibilities of local authorities in providing support for children with SEN or disabilities. Local authorities must offer information and advice on various related issues, including health, social care, and personal budget management. These services must be communicated to local schools.

Support should be impartial, confidential, and easily accessible, with the ability to address inquiries through face-to-face, telephone, and electronic channels. The services should also accommodate the diverse needs of children, young people, and their parents.

Working together across education, health and care for joint outcomes

The SEND Code details joint commissioning arrangements, emphasising collaboration between health, care services, and schools to meet local needs and improve outcomes. It covers services like specialist support, therapies, medications, clinical treatments, speech and language therapy, assistive technology, mental health support, physiotherapy, and personal care. Schools and healthcare teams work together to ensure children receive the necessary care and support, including emergency provisions and specialist equipment, while in the school's care.

The local offer available that your local authority must provide

Local authorities are required to publish a Local Offer, which provides comprehensive information about the expected provisions across education, health, and social care for children and young people with SEN or disabilities, including those without EHC plans. This offer should reflect the actual provisions anticipated to be available.

Local authorities must provide clear, comprehensive, accessible, and up-to-date information on how to access these services. Disabled children and those with special needs should be actively involved in shaping these provisions. Local authorities are also required to collaborate with schools, colleges, health services, and other institutions in developing the Local Offer.

Early Years providers

The SEND Code of Practice includes a section for Early Years providers, outlining their responsibilities in identifying and supporting children with special educational needs (SEN), regardless of whether they have an Education, Health and Care (EHC) plan.

Children in the Early Years Foundation Stage (EYFS) are entitled to an education that helps them achieve the best outcomes and prepares them for compulsory education. Providers must have arrangements for supporting children with SEN or disabilities, focusing on early identification to improve long-term outcomes.

Practitioners should listen to parents' concerns, as they know their child best. Support may include specialist services like health visitors, educational psychologists, or speech therapists, along with training for teachers and parents to promote early development.

Schools

All children and young people in schools are entitled to an education that meets their needs, promotes high standards, and helps them achieve their best and transition successfully to adulthood. Schools must identify and address SEN, with a member of the governing body, the SENCO (Special Educational Needs Co-Ordinator), overseeing SEN and disability arrangements.

The identification of SEN should be integrated into the overall monitoring of pupil progress. Schools should promptly implement additional teaching or interventions as needed and use the pupil’s response to these supports to further identify their needs.

Schools may need to involve specialists and should collaborate closely with local authorities and other providers to support children with special needs effectively.

Further Education

Further education colleges have specific guidance and statutory duties to identify, assess, and support young people with SEN. They must make their best efforts to provide the necessary special educational provisions. Students aged 16-19 should follow a coherent study program designed to achieve optimal outcomes in adult life.

Support may include assistive technology, personal care, specialist tuition, interpreters, one-to-one learning support, accessible materials (like PECS), or independent living training. Colleges are responsible for implementing this support with qualified staff.

Preparing for adulthood from the earliest years

High aspirations are essential for the success of all pupils, and discussions about long-term goals should begin early, focusing on the child’s strengths and desired outcomes for adult life. Supporting young people with SEN in achieving independence and employability can be transformative. All professionals involved should share these high aspirations and understand the support needed for transitions to higher education, employment, or independent living.

From Year 9 onwards, students with SEN should be encouraged to engage in the community and aim for employment and independent living through both the curriculum and extra-curricular activities. Schools should collaborate with employment services, businesses, and other organisations to help students understand and pursue their potential opportunities.

Education Health and Care needs assessments and plans (EHC)

The purpose of an EHC plan is to ensure special educational provision meets the needs of a child or young person and secures the best possible outcomes. The local authority must assess the education, health, and care needs when determining if such provision is necessary.

Children and young people in specific circumstances (i.e. social care needs, youth custody, and care leavers)

Children with SEN who are in local authority care are supported by the local authority acting as a 'corporate parent,' responsible for safeguarding their welfare and promoting their educational achievement. Schools collaborate with the local authority to develop an education plan that aligns with the child's social care needs.

Resolving disagreements

The SEND Code addresses how to resolve disagreements between parents or young people and early years providers, schools, colleges, local authorities, or health commissioners. It:

·        Supports early resolution of disagreements at the local level.

·        Outlines the independent disagreement resolution arrangements local authorities must provide for issues related to special educational provision and EHC plans.

·        Explains independent mediation options available to parents and young people before appealing to the First-tier Tribunal (SEN and Disability) and for health and social care complaints.

·        Describes the conditions for appealing to the Tribunal or making disability discrimination claims.

·        Concludes with information on other complaints procedures and health and social services complaints processes.

Annex 1 – Mental Capacity

Young people over compulsory school age have the right to be involved in decisions about their provision and can be consulted about local services. They may also seek help from parents or others if needed. If a young person or parent lacks mental capacity to make certain decisions, the Children and Families Act provides provisions aligned with the Mental Capacity Act (MCA) 2005. A separate Code of Practice guides daily application of the MCA, and professionals working with individuals lacking capacity must adhere to this Code. When a person lacks capacity, decisions are made by a representative on their behalf.

Annex 2 - Improving practice and staff training in education settings

Early years providers, schools, and colleges are responsible for determining which external support to seek and for setting priorities for staff professional development. Effective support is delivered in settings that engage parents and children, track and measure SEN pupils' progress, and have staff knowledgeable about various SEN types and teaching methods. SENCOs should play a key role in advising on support and contributing to staff development. Additionally, various organisations offer support and training on general SEN identification, teaching approaches, and specific conditions.

Resources:

SEND Code of Practice: https://assets.publishing.service.gov.uk/media/5a7dcb85ed915d2ac884d995/SEND_Code_of_Practice_January_2015.pdf

Care Act 2014: https://www.legislation.gov.uk/ukpga/2014/23/contents/enacted

Children and families Act 2014: https://www.legislation.gov.uk/ukpga/2014/6/contents/enacted

Education Act 1996: https://www.legislation.gov.uk/ukpga/1996/56/contents

Equality Act 2010: https://www.gov.uk/guidance/equality-act-2010-guidance#equalities-act-2010-legislation

First-tier Tribunal (SEND): https://www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability

Ofsted: https://www.gov.uk/government/organisations/ofsted

Pathfinder information packs: https://www.gov.uk/government/collections/send-pathfinders

SEND Regulations 2014: https://www.legislation.gov.uk/uksi/2014/1530/contents/made