Time for Change
As you know I offer free SEN advice to parents across the country. I advise as many parents as I can each and every week.
Many of the things that parents tell me that they have been told shock and appall me, on a daily basis.
This is simply because so many of the things that parents report that they are being told conflict with the SEND Code of Practice and education legislation.
I have created this page in order to help stop this and to support and empower you in getting the help that your child needs, and indeed what they are entitled to.
I will present the most common issues that come my way below, followed by useful references to the SEND Code of Practice and the law.
You may find these useful when writing emails when requesting support for your child.
Also, if you are told any of these things, one potentially useful idea is to email the person who said it, and ask them to clarify what they have said with reference the law that underpins it.
Stay strong and do not back down,
Chris.
Issue 1 - The SEN register
Parent - I’ve been told by my child’s school that a child MUST be two years behind to be on the SEN register.
Parent - I’ve been told that my child MUST have a diagnosis before they can be put on the SEN register.
What these parents have been told is not true.
Useful references:
Section 6.15 of the SEND Code of Practice 2015 states:
A pupil has SEN where their learning difficulty or disability calls for special educational provision, namely provision different from or additional to that normally available to pupils of the same age.
Section 20 (2) of the Children and Families Act 2014 states:
A child of compulsory school age or a young person has a learning difficulty or disability if he or she—
(a)has a significantly greater difficulty in learning than the majority of others of the same age, or
(b)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.
Useful link:
Issue 2 - No SEN Support
Parent - I’ve been told by my child’s school that they do not have to support my child’s needs.
Parent - I’ve been told that only academic needs count as special educational needs.
What these parents have been told is not true.
Useful references:
Section 6.2 of the SEND Code of Practice states:
Every school is required to identify and address the SEN of the pupils that they support.
Mainstream schools must… use their best endeavours to make sure that a child with SEN gets the support they need – this means doing everything they can to meet children and young people’s SEN.
Section 6.9 of the SEND Code of Practice states:
All schools have duties under the Equality Act 2010 towards individual disabled children and young people. They must make reasonable adjustments, including the provision of auxiliary aids and services for disabled children, to prevent them being put at a substantial disadvantage.
Pages 97 and 98 of the SEND Code of Practice identify 4 broad areas of need; these include:
1. Communication and interaction.
2. Cognition and learning.
3. Social, emotional and mental health difficulties.
4. Sensory and/ or physical needs.
Section 66 of the Children and Families Act of 2014 states:
If a registered pupil or a student at a school or other institution has special educational needs, the appropriate authority must, in exercising its functions in relation to the school or other institution, use its best endeavours to secure that the special educational provision called for by the pupil’s or student’s special educational needs is made.
Section 5 of the Teachers’ Standards 2011 (update 2013) states:
A teacher must - have a clear understanding of the needs of all pupils, including those with special educational needs; those of high ability; those with English as an additional language; those with disabilities; and be able to use and evaluate distinctive teaching approaches to engage and support them.
Section 13 of the Education Act of 1996 states:
A local authority shall (so far as their powers enable them to do so) contribute towards the spiritual, moral, mental and physical development of the community by securing that efficient primary education, and secondary education and, in the case of a local authority in England, further education, are available to meet the needs of the population of their area.
Section 13A of the Education Act of 1996 states:
Duty to promote high standards and fulfilment of potential
(1)A local education authority in England must ensure that their relevant education functions and their relevant training functions are (so far as they are capable of being so exercised) exercised by the authority with a view to—
(a)promoting high standards,
(b)ensuring fair access to opportunity for education and training, and
(c)promoting the fulfilment of learning potential by every person to whom this subsection applies.
Useful link:
Issue 3 - Criteria for an EHC Needs Assessment
Parent - I've been told that my child MUST to be at least two years behind to have an EHCP.
Parent - I've been told that my child MUST have more than one diagnosis to get an EHCP.
What these parents have been told is not true.
When you apply for an EHCP, you are actually requesting an EHC Needs Assessment, the outcomes from which are then used to determine whether a child or young person should be issued with an EHCP.
Section 36 (8) of the CFA states:
The local authority must secure an EHC needs assessment for the child or young person if, after having regard to any views expressed and evidence submitted under subsection (7), the authority is of the opinion that—
(a)the child or young person has or may have special educational needs, and
(b)it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.
Section 9.16 of the SEND Code of Practice states:
Local authorities must not apply a ‘blanket’ policy to particular groups of children or certain types of need, as this would prevent the consideration of a child’s or young person’s needs individually and on their merits.
Useful link:
Issue 4 - Private Assessments
Parent - I have been told that private assessments do not count.
Parent - I have been told that our local authority does not accept private assessments.
What these parents have been told is not embedded in the law nor the SEND Code of Practice.
Section 6.58 of the SEND Code of Practice states:
Where a pupil continues to make less than expected progress, despite evidence-based support and interventions that are matched to the pupil’s area of need, the school should consider involving specialists, including those secured by the school itself or from outside agencies.
Section 6.60 of the SEND Code of Practice states:
Where assessment indicates that support from specialist services is required, it is important that children and young people receive it as quickly as possible.
Section 6.9 of the SEND Code of Practice states:
All schools have duties under the Equality Act 2010 towards individual disabled children and young people. They must make reasonable adjustments, including the provision of auxiliary aids and services for disabled children, to prevent them being put at a substantial disadvantage.
Section 6.20 of the SEND Code of Practice states:
All those who work with children and young people should be alert to emerging difficulties and respond early. In particular, parents know their children best and it is important that all professionals listen and understand when parents express concerns about their child’s development.
Useful link:
