Education helps children and young people with special educational needs and disabilities to thrive and it is important to identify children who do have SEND as early as possible. Once a pupil is identified as having SEND, schools should take action to remove barriers to learning and put effective special educational provision in place.
The SEND Code of Practice 2015 (the “Code”) and the Children and Families Act 2014 gives guidance to health and social care, education and local authorities to make sure that children and young people with SEND are properly supported.
Right to a mainstream education
The education system is based on the assumption that all children and young people will attend mainstream education other than in certain circumstances and nearly all children with SEND go to a 'mainstream' early years setting or school.
The fundamental principle underpinning the law is that where a parent of a child with SEND, or a young person with SEND, wants a place in a mainstream setting it must never be denied it on the basis that mainstream is unsuitable, or that their needs or disabilities are too great or complex. Inclusive education is one of the principles stated to underpin the Code.
Schools are required to promote diversity, equity and inclusion (DEI) in all areas from admissions to curriculum. Equity (as distinct from equality – which is when all are treated the same) recognizes that each individual has different circumstances and gives each person the exact resources and opportunities needed to reach an equal outcome. To ensure equity schools must focus on making the curriculum accessible, promoting inclusive school values and culture, and ensuring their policies impact favourably on children with different needs. This includes the legal obligation to make reasonable adjustments so that all children can access their facilities and services.
Schools and colleges which discriminate against pupils with disabilities, including SEN, are acting unlawfully. The Equality Act 2010 applies to all schools – state, fee-paying, academies, and special schools. Discrimination covers admissions, facilities and curriculum. It also covers unlawful exclusions.
The Graduated Approach
As noted above, the vast majority of children and young people with SEND are supported in local mainstream schools.
This SEND support should take the form of a four-part cycle, ‘Assess, Plan, Do, Review’ (i.e. a graduated approach) through which earlier decisions and actions are revisited, refined and revised with a growing understanding of the pupil’s needs and what supports the pupil to make good progress and secure good outcomes, promoting independence and preparation for adulthood.
If a child needs more support, an assessment may be required to determine if there is a need for an Education, Health and Care Plan (EHCP).
More information on this can be found on our Support in Schools page.