Legal duties of schools in regards to Special Educational Needs

The SEND Code of Practice 2015 is a statutory document and is very clear in setting out the responsibilities of schools in identifying and meeting the needs of all children and young people (CYP). The Children and Families Act 2014, The Equality Act 2010 and the SEND regulations 2014 underpin the principles within The Code of Practice 2015.

The key principles are :

• There must be regard given to the views, wishes and feelings of children and young people and parent carers
• children and young people and parent carers participates fully as possible in decision making and are supported to participate
• The early identification of children and young people’s needs and intervention to support them
• Greater choice over and control for children and young people and parent carers over support
• Collaboration between education, health and social care services
• High quality provision to meet the needs of children and young people and a focus on inclusive practice and removing barriers to learning
• Successful preparation for adulthood, including independent living and employment

Every school is required to not only to identify the SEN of the children and young people, but also address it. Section 6 of the CoP 2015 clearly sets out the statutory duties of mainstream schools (including, maintained schools and academies that are not special schools, maintained nursery schools, 16 to 19 years academies, alternative provision academies and Pupil Referral Units).

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.’ Code of Practice, 6.58