Special Educational Needs
Special Educational Needs: Code of Practice 2001
The Code became effective in England and Wales on 1st January 2002 having devolved from and incorporating the earlier provisions of the Special Educational Needs and Disability Act 2001.
More information and details of various related official publications can be obtained from the DfES website or from DfES Publications. Tel 08456 022260 including:
practical guide to implementing the Code of Practice.
The key word in the SEN/Code policy is “inclusion”. This means that the emphasis is placed upon ensuring that all children receive an inclusive education rather than being excluded and marginalised from the standard curriculum because of learning difficulty or special education need.
The process of “inclusion” involves a systematic 3 tiered approach in which schools and LEA’s use the following programmes:
School Action
At this initial stage any child with special needs/learning difficulty should have been identified perhaps by the Class Teacher. Alternatively the school’s SENCO (Special Educational Needs Co-ordinator) may already be involved and has started to draw up some recommendations on how to address the issue. These recommendations will usually form the basis of an Individual Education Plan (IEP) in which learning targets and actions to achieve those targets will be identified.
The school will then normally discuss the SENCO’s recommendations with the Parents in order to agree the child’s IEP or any additional help to supplement the normal school curriculum. This can range variously from extra tuition time in school or the provision of a Learning Support Assistant.
School Action Plus
This secondary stage can be invoked when the measures or learning targets introduced under the above School Action response do not appear to be being met or bringing any benefit to the child. A likely cause of this would be where for example the identified special educational need can only be addressed by the School seeking outside Professional or Specialist help in order to meet the child’s needs. Where Action Plus is invoked addressing the child’s educational needs may also involve an Educational Psychologist.
Statutory Assessment
The Assessment stage can be more complex and demanding for Parents and it may advisable for Parents to seek advice on this process and acquaint themselves with some of the formal aspects of the procedure.
If the School Action and Action Plus strategies have not benefited the child then the Parents can begin the next stage by making a request to the Local Education Authority (LEA) for a formal assessment of the child’s educational needs.
When the Parents elect for this process the LEA in consultation with the School, other Council Agencies and probably an Educational Psychologist will carry out the assessment.
Thereafter the LEA can decide on the evidence of the assessment whether or not to issue a Statement of Educational Needs. It is not guaranteed that they will do so and Parents will need to be prepared to make lengthy representations to the LEA in this event.
Some help and advice might be available from the local Parent Partnership Schemes or through other conciliation arrangements which LEA’s are legally obliged to provide.
If the LEA decides that more specialised support is needed other than the LEA has currently in place at the child’s school then the LEA will normally issue a “proposed statement” and invite Parents to comment upon the document. When Parents and the LEA have agreed the “statement” the LEA is then responsible for implementing the “statement” which may involve your child attending a different mainstream school or subject to further criteria a specialist school elsewhere.
Disputes between Parents and LEA’s on Special Educational Needs provision can be referred to an independent Tribunal under the provisions of the Special Needs and Disability Act 2001. Equally OFSTED also monitor schools to ensure that requirements of the Act are being observed.
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