The SEND Code of Practice

Module 1 – Introduction and Overview

Welcome to your ACE Education course on the SEND Code of Practice.

The purpose of the course is to provide an overview of the Special Educational Needs and Disability Code of Practice:
0 to 25 years.

The Code of Practice is a statutory code. The organisations listed in paragraph iv of its introduction, which include
Local Authorities, Schools and Further Education Colleges, must have regard to it.

Where the word ‘must’ is used in the text of the Code, this describes a legal requirement and the guidance must be
followed. Where the word ‘should’ is used the government expects that the guidance will be followed unless there is
good reason to depart from it.

The following organisations must have regard to the SEND Code of Practice

• Local authorities (social care, education, and relevant employment and housing).
• The governing bodies/proprietors of schools (including academies, independent schools and non-maintained
special schools).
• The governing bodies of FE and sixth form colleges.
• The management committees of pupil referral units.
• Early years providers funded by the local authority.
• NHS Commissioning Boards.
• NHS Trusts and Foundation Trusts.
• Local Health Boards.
• SEND First-tier Tribunals.
• Youth Offending Teams.
• Relevant youth custodial establishments.
• Clinical commissioning groups.

Special educational needs (SEN)

Having a special educational need and disability can affect a child or young person’s ability to socialise, concentrate
and understand, making them feel isolated. Schools have a duty to create an inclusive environment where children
and young people feel they are treated equally and can learn and aspire.

1. A child or young person has SEN if they have a learning difficulty or disability which calls for a special
educational provision to be made.

2. A child of compulsory school age or a young person has a learning difficulty or disability if he or she:

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

Whilst Tes Global Ltd have made every effort to ensure that the courses and their content have been devised and written by leading experts who have ensured that they reflect best practice in all
aspects, Tes Global Ltd exclude their liability of the consequences of any errors, omission or incorrect statements to the fullest extent permitted by law and Tes Global Ltd make no warranty or
representation as to the accuracy, completeness or fitness for purpose of any statements or other content in the course.

No part of this material may be reproduced or utilised in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system
without permission in writing by Tes Global Ltd.
 3. A child under compulsory school age has a learning difficulty or disability if he or she is likely to be within
point 2 when of compulsory school age (or would be likely to be if no special educational provision were
made).

Special educational provision for a child aged two or more or a young person, means educational or training
provision that is additional to, or different from, that made generally for others of the same age in education.

Special educational provision for a child aged under two, means educational provision of any kind.

The principles of the Code

Involving children and their families

The SEND Code of Practice places the child or young person at the centre of decision-making around their education.

This should include giving the parents/carers and child or young person the relevant information and advice on
matters relating to their SEN. In an education setting this means that the they should be actively involved in target
setting, progress and support.

All local authorities must ensure children, young people and their parents understand what is available in the local
area and involve them in discussions and decisions about their individual support. They must also have access to
advice and support from a dedicated and easily identifiable service that is impartial and at arm’s length from the
local authority and health Clinical Commissioning Group.

Working together

Services in education, health and care must work together to develop joint service arrangements for children and
young people with SEN.

Module 2 of this course covers school duties in more detail. Schools have a duty to work together with the Local
Authority in needs assessments for Education, Health and Care. They should also take steps to ensure that parents
and young people are actively supported in contributing to the needs assessment as well as in developing and
reviewing the Education, Health and Care plan if one is issued.

What must organisations do?

• Local Authorities – must lead integration arrangements to ensure people work together in a joined up way.
They must take steps to make sure any services that are offered in the local area are known to all those that
may need to access them.
• Children’s and Adult Social Care – must cooperate with the local authority to ensure care and support is
effectively integrated in the SEN system.
• Health and Wellbeing Boards – must ensure joint strategic needs assessment of the current and future
needs of the whole local population.
• Clinical Commissioning Groups – must co-operate with local authorities in joint commissioning, ensuring
there is sufficient capacity to deliver the necessary services.
• NHS England – their specialist services need to be reflected in local joint commissioning arrangements.
• Healthwatch – these organisations ensure that ordinary peoples’ opinions are heard and they are key to
enabling people to share their views and concerns about local services and local community needs.

Whilst Tes Global Ltd have made every effort to ensure that the courses and their content have been devised and written by leading experts who have ensured that they reflect best practice in all
aspects, Tes Global Ltd exclude their liability of the consequences of any errors, omission or incorrect statements to the fullest extent permitted by law and Tes Global Ltd make no warranty or
representation as to the accuracy, completeness or fitness for purpose of any statements or other content in the course.

No part of this material may be reproduced or utilised in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system
without permission in writing by Tes Global Ltd.
 • Maintained nurseries and schools (including academies) – all have a duty to use their best endeavours to
make the provision required. All schools must publish details of their SEN provision and cooperate with the
local authority in drawing up the Local Offer. There is also a duty to make reasonable adjustments for
disabled children and young people under the Equality Act 2010.
• Colleges – colleges share the same duty to use their best endeavours to make the provision required and
mainstream and special colleges must cooperate with the local authority. They also have the same duties
under the Equality Act 2010 not to discriminate and make reasonable adjustments for disabled young
people.

The Local Offer

Local authorities must develop and publish information about the provision they expect to be available across
education, health and social care for children and young people in their area who have SEN or are disabled, including
those who do not have EHC Plans.

The Local Offer has two purposes.

1. To provide clear, comprehensive and current information about what is available and how to access it.

2. To make SEN services more responsive to local needs by directly involving disabled children and those with
SEN and their parents. Service providers must also be involved in its development and review.

The Local Offer should cover:

• support available to all children and young people with SEN or disabilities from universal services such as
schools and GPs

• targeted services for children and young people with SEN or disabilities who require additional short-term
support over and above that provided routinely as part of universal services

• specialist services for children and young people with SEN or disabilities who require specialised, longer term
support.

Information, Advice and Support Services should be impartial, confidential and accessible and should have the
capacity to handle face-to-face, telephone and electronic enquiries.

To read more about what the Local Offer must include, there are seventeen items listed in the SEND Code of Practice
which can be found in the ‘Resources’ tab.

Related legislation and guidance

The SEND Code of Practice is often referenced in other legislation and guidance, so it is important organisations are
familiar with them.

The Children Act 1989

This Act describes the paramount nature of children’s welfare and the duty of care agencies and organisations have
to protect them.

Whilst Tes Global Ltd have made every effort to ensure that the courses and their content have been devised and written by leading experts who have ensured that they reflect best practice in all
aspects, Tes Global Ltd exclude their liability of the consequences of any errors, omission or incorrect statements to the fullest extent permitted by law and Tes Global Ltd make no warranty or
representation as to the accuracy, completeness or fitness for purpose of any statements or other content in the course.

No part of this material may be reproduced or utilised in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system
without permission in writing by Tes Global Ltd.
Equality Act 2010

The Act simplifies the law on discrimination. A child cannot be unlawfully discriminated against because of their sex,
race, disability, religion, belief or sexual orientation. There are exceptions that should be considered for example,
collective worship.

Children and Families Act 2014

Introduced Education, Health and Care plans to replace Statements and learning difficulties assessments for children
and young people.

Working Together to Safeguard Children

A guide to inter-agency working to safeguard and promote the welfare of children.

Keeping Children Safe in Education

Statutory guidance for schools and colleges.

Supporting pupils at school with medical conditions

Statutory guidance and non-statutory advice on supporting pupils at school with medical conditions.

Schools Admissions Code

Statutory guidance for admission authorities, governing bodies, local authorities.

The Mental Capacity Act Code of Practice

Gives guidance to people who work with work or care for people that cannot make decision for themselves.

In summary

This module has looked at the principles of the statutory guidance and the duties of local authorities, education,
health and others to cooperate and work together to support children and young people, and fully involve them in
their support. We have also looked at related legislation and guidance. Finally we considered the Local Offer and
what it must cover.

You are now ready to complete the questionnaire. Click ‘Questionnaire 1’ to undertake the questionnaire.

Whilst Tes Global Ltd have made every effort to ensure that the courses and their content have been devised and written by leading experts who have ensured that they reflect best practice in all
aspects, Tes Global Ltd exclude their liability of the consequences of any errors, omission or incorrect statements to the fullest extent permitted by law and Tes Global Ltd make no warranty or
representation as to the accuracy, completeness or fitness for purpose of any statements or other content in the course.

No part of this material may be reproduced or utilised in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system
without permission in writing by Tes Global Ltd.