Module 4 – SEN Code of Practice and Its Implementation

Estimated Time: 45 minutes

Student Aims:

·      To learn what the SEN Code of Practice is

·      To understand who the SEN Code of Practice applies to

·      To learn about the key points of the SEN Code of Practice

·      To understand ways to implement the SEN Code of Practice (England)

·      To learn what an Education and Health Care (EHC) Plan is

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4.1 Introduction

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The SEN Code of Practice is a document produced by the UK Government and the Department of Education and applies to schools in England.

It first appeared in 2001 but was updated in 2015 as a result of major proposed reforms to reflect the Children and Families Act 2014.

The SEN Code of Practice is designed for those who have special educational needs and/or disabilities. The code is for school-aged children; however, it also includes young people, whom the government defines as anyone outside the compulsory school age but still under 25 years old. The legislation, therefore, covers every child from birth until they reach 25 years of age.

At its heart, the code is designed to provide a rigorous system for educators and teachers to help identify and work with SEN pupils within the guidelines laid out by the Equality Act 2010.

SEN systems vary in each nation of the UK.

In Wales, they introduced the Additional Learning Needs (ALN) system in September 2021, and it is being phased in until August 2024. The ALN Code for Wales ‘places the learners’ views, wishes and feelings at the heart of the process of planning the support required to enable them to learn effectively and achieve their full potential.’

In Scotland, they support children and young people with Additional Support Needs (ASN) and follow the code of practice Supporting Children’s Learning: Statutory Guidance on the Education (Additional Support for Learning) Scotland Act 2004 (as amended)

The Act ‘provides the legal framework for identifying and addressing the additional support needs of children and young people who face a barrier, or barriers, to learning. ‘

The code ‘explains the duties on education authorities and other agencies to support children’s and young people’s learning.’

In Northern Ireland, the Code of Practice on the Identification and Assessment of Special Educational Needs provides guidance for schools to support children with special educational needs and disabilities (SEND).

The code states that ‘the needs of all pupils who may experience learning difficulties during their school careers must be addressed; the Code recognises that there is a continuum of needs and a continuum of provision which may be made in a variety of forms.’

In this module, we will be discussing the SEN Code of Practice for England.

Who Must Follow the SEN Code of Practice?

Organisations that work with and support children and young people who have special educational needs or disabilities must follow the Code of Practice.

The following groups are required by law to follow the guidance provided:

• Local authorities (including education, housing, employment, social care, health boards and any other relevant service)
• School governing bodies and non-maintained special school governing bodies
• Independent schools
• Early years schools and providers
• Further education colleges
• Sixth form colleges
• Academies (including studio schools, free schools and university technical colleges)
• Managers of pupil referral units
• NHS bodies including the NHS Commissioning Board, NHS Trusts and NHS Foundation Trusts
• Clinical commissioning groups
• First-tier Tribunal
• Youth offending teams

Fact

The primary need identified for 262,400 pupils was speech, language and communication needs. This is followed by social, emotional and mental health needs (208,900 pupils) and moderate learning difficulty (197,400 pupils) (Jan 2022)

Source: gov.uk

4.2 Who Does the SEN Code of Practice Apply to?

As well as children and young people with SEN, the code of practice applies to any child or young person who is classed as disabled according to the Equality Act 2010.

A disability is defined as ‘a physical or mental impairment which has long-term and substantial adverse effect on their ability to carry out normal day-to-day activities.’

Long-term is defined as being at least one year. Substantial in this case is defined by the government as being ‘more than minor or trivial.’

This definition is designed to be broad and inclusive. It includes more children than may first be apparent. It will include children with sensory impairments and long-term health conditions. While it’s true that children in these categories do not necessarily fall into the SEN category, the government has found a significant overlap. Thus, the legislation is inclusive to avoid ruling anyone out. The approach here avoids excluding any potential group from SEN.

4.3 Equality Act 2010

According to the Equality Act 2010, schools, colleges, universities and local providers have the following responsibilities regarding children and young people with disabilities.

First, these bodies must never discriminate against them, either directly or indirectly. They must also never harass or victimise these groups of people. These bodies must also not discriminate against these groups as a consequence of their disability.

Schools of all types must also make necessary and reasonable adjustments for disabled children. This includes providing both aids and services, including teaching strategies and resources, to make sure that the children are never at a disadvantage.

The duty placed on schools is designed to be anticipatory. Schools must come up with these adjustments before the children arrive (e.g. at interview) to ensure that they are never, at any point, disadvantaged or left behind.

The code also requires public bodies, including schools, to actively work toward eliminating discrimination and promoting equality and relationships between disabled children and their peers. In addition to performing these anticipatory duties, the bodies must also publish information that says that they are performing these duties. When publishing this information, the body must do more than say they are complicit with a law. They must provide evidence that is specific and measurable to provide proof of their compliance.

4.4 Principles of the Code of Practice

The primary principle of the code of practice revolves around the SEN children themselves.The primary principle of the code of practice revolves around the SEN children themselves.

 

The legislation was created to outline how local authorities cannot just make decisions about SEN pupils. These decisions must be made in relation to the views, feelings and wishes of not only the child but also the child’s parents. It is designed to demonstrate how important it is to ensure the child and their parents have all the necessary information and support they need to fully participate in these decisions.

Comparison of the Old Code and New Code

There were some major changes made to the 2015 code that rectified issues and discrepancies in the old code. It is worth noting them here to provide a better foundation for the actual content of the code later.

First, administrators found that there was not a strong enough model for reporting early concerns in the old code. Thus, the new code includes evidence-based approaches and evidence-based interventions to ensure that everyone understands the nature of the difficulty.

Another issue was that few people were asking why progress wasn’t being made in pupils with behavioural issues. Thus, benchmarking was improved so that the impact of intervention methods was easier to discern.

There were also issues with putting pupils on the SEN list and not removing them after a successful temporary intervention. The new code only places pupils on the official SEN list when there has been an official assessment. A key difference in the Education and Health Care (EHC) Plans is also the fact that the child’s or young person’s voice is at the centre of the document, and it is written with their understanding and full participation in mind.

4.5 The Graduated Approach

A strong emphasis of the code is placed on ‘the graduated approach’.

The graduated approach is a cycle that includes four stages: assess, plan, do, and review. The code identifies the approach as being the best way for schools to take action and remove barriers to learning by putting the most effective SEN interventions or strategies in place.

The graduated approach is common within whole-school practice already. However, it changes at the SEN level, because the process needs to be much more personalised throughout all four steps. Also, it is important to note that the process may have only four stages, but it is a cyclical process which means it should constantly be running.

Assess

The first step is to assess the situation. During this phase, all earlier actions and decisions should be revisited to show a clear picture of the situation. Having a clear and defined understanding of the pupil’s needs is critical for planning any kind of effective strategy.

According to the code, you will need the following information to begin to form your analysis:

• Teacher assessment and teacher experience with the pupil
• Pupil’s progress and behaviour
• An idea of how the pupil is developing compared to their peer group
• The experiences, concerns and views of the parents
• Experiences, concerns and views of the pupil
• Extra-classroom support from relevant services

This is the minimum amount of information that educators need to form a plan. However, it is not inclusive. In many cases, you will need to dig deeper to understand the root cause of the difficulty.

Some of the places you will look for this important information include:

• Criterion-referenced assessments
• Observation schedules
• Profiling tools
• Prompt sheets
• Questionnaires (parents and pupils)
• Screening assessments
• Standardised tests

By the end of the assessment, you should have a very strong picture of what the pupil’s strengths are and where their needs lie. However, collecting all this information needs to be done in a systematic and organised way. It is not enough just to collect whatever information is lying about. Schools need to ensure that the process is taken seriously and that you have all the information you need every time you make any decision regarding pupils.

Using a structured approach ensures that the evidence is complete and available. When this happens, you’re able to move through the process in an efficient manner, which also prevents complaints from pupils and their parents.

Using this approach prevents you from over-identifying or overlooking SEN pupils. It also keeps you organised enough to delve into the individual needs of each pupil. Specialists recommend using a checklist for collecting and collating data. Using the checklist makes the information accessible to the teacher, Special Educational Needs Co-ordinator (SENCO), school and parents, and helps everyone communicate effectively.

The role of the SENCO will be discussed in detail in Module 5.

Plan

Every plan you create will look different because it will be tailored to the individual pupil. However, the way you create plans should fit within a structured setting so that crucial elements are not overlooked.

The first step is to look for quality, inclusive teaching. This is the cornerstone of any SEN plan. Typically, this is achieved by the teacher examining what they have found out from the assessment regarding the pupil’s strengths, needs, gaps in learning, barriers and views. Then, they can begin to plan what changes they need to make.

Typically, the SENCO or someone in a similar role will support the teacher when making these adjustments to ensure that the resources available are being used effectively. Once the needs and barriers have been assessed, it is time to create a plan of action. According to the code, this plan needs to be developed in consultation with the pupil and parents. The plan also needs to be recorded, which is the responsibility of the teacher.

Many plans will include a targeted special educational provision or a session where the pupil receives intervention instruction. You will remember that one of the key changes in the new code included an emphasis on evidence. In fact, reliable evidence is the best method to use when planning targeted provision; however, it is not enough to use on its own.

In addition to the personal plan, the school needs to ensure that the plan can actually be fully realised.

This generally requires the following:

· All staff are given high-quality training

· Time and place for the provisions are scheduled, take place regularly and are firmly established

· Skills developed during any targeted provisions are then used in the classroom

· A system for timely feedback from the staff to the teachers

· Time for resource preparation is linked to the support

· Teachers receive regular feedback on pupils’ progress

· Parents both agree with and understand the intervention and understand the expected impact

· Pupils are clear on what they will be doing during the targeted provision

Once a plan is developed, all of the relevant staff need to be informed. This is a legal requirement, and the code itself says ‘all teachers and support staff who work with the pupil should be made aware of their needs, the support provided and any teaching strategies or approaches that are required.’

This grows more difficult at the secondary level and in large schools where there are greater numbers of staff involved. However, there are ways to combat this difficulty. Some UK schools use ‘pupil passports’. The passport is created for each individual SEN pupil. It will usually cover one side of an A4 sheet and highlight the key areas that are relevant for working with the pupil. The passport typically starts with the student’s photo and information.

It also includes the following:

· A first-hand description of what the pupil wants the teachers to be aware of

· A list of key areas that the pupil finds difficult

· A list of practical strategies for working with the individual pupil

· A list of strategies that the pupil will employ to help themselves

· Details of any additional support required

· Access arrangements

· Key data that needs to be frequently referenced

The passport system works well because the pupil is engaged in creating it. It serves as a strong planning tool because it fosters discussions about the pupil’s learning and experiences.

Goal- and target-setting are other key parts of the code and of the planning process. Essentially, if you’re not assessing, then you are guessing, and there is no room for guesswork within the code.

 

Thus, you will need to set clear expected outcomes for every provision or intervention planned for the pupil. These targets must be discussed, planned and agreed upon by everyone involved. There is no recommendation for general targets provided by the government. Each school is allowed to find its own. However, if the current plan in use at the school does not support the SEN code, the government suggests rethinking the system.

Do

The code affords responsibility for the pupil’s day-to-day learning with the teacher, regardless of what kind of plan the pupil has and whether they receive additional support. In fact, the teacher is also responsible for any targeted provisions and interventions even if they are not leading them.

All staff supporting the pupil need to work together closely to be able to assess how well the plan is working and what the impact is on the pupil.

To help this happen, schools are encouraged to adopt some of the following strategies:

· Joint planning time with teachers and support staff

· Joint preparation meetings with teachers and support staff

· Joint assessment time with teachers and support staff

· Paying support staff to attend these meetings

· Using communication tools that are concise to help demonstrate outcomes of interventions and target provisions

· Implementation of provisions within the class books so that teachers can flow between materials seamlessly and be aware of any other new issues that may arise

The code has a heavy focus on outcomes. In fact, all measurements of progress should be based on outcomes, not on hours of instruction. Meeting the number of required hours for instruction means very little if the intended outcomes are not met.

The code advises setting a date to check progress. Staff should also be having conversations with parents as progress is checked so that parents are kept informed of whether the intervention is working and what the possible next steps may be.

The code also has a strong focus on pupil experience. While you are working through the plan, you should also be working to enable the pupils to understand and share their own experiences. This comes from helping pupils develop both confidence and communication skills so that they can help teaching staff remove further learning barriers.

Essentially, the new goal of the code is to support pupils in learning how to become more aware of how they best learn. When they become more aware of themselves and their minds and they have the tools to communicate this awareness, they can have a main role in the decisions made about their education and their life. This applies both in school and later in adulthood, and the code considers it to be very valuable.

Review

The last step in the process is about reviewing so that you are better prepared to start over when things are not working. This process is natural in education itself. Teachers are constantly reviewing the progress of their pupils every day through marking papers and communicating with staff.

The code works best when teachers actively review and track what is happening with their pupils as opposed to waiting for formal opportunities for assessment. When teachers are actively reviewing the process, problems can be identified faster and progress can be made without putting pupils at a prolonged disadvantage.

When it is time for formal assessments of SEN pupils, staff should consider the following:

· What level are the pupils reaching in the National Curriculum? Is there evidence of progress found through observation, assessed work or tests?

· Are the pupils on track to meet the end-of-year targets?

· Is the previous rate of progress improving?

· Is the gap between SEN pupils and mainstream pupils improving?

However, one of the best ways to assess teaching and learning is by reaching out to the pupil themselves.

Consider the following questions:

· Is the support effective in helping to meet planned objectives?

· Are the skills developed in interventions useful in the classroom?

· Are the pupil’s self-esteem and confidence at a suitable level?

· Is the pupil likely to meet targets?

· Are they getting enough time with groups?

· Is the pupil’s behaviour for learning improving?

· Are there any new issues that have come up since they started the programme?

· Is the student fully engaged in learning?

· Can the pupil work independently and is the level of independence improving?

· How well are the objectives met? How often are they met?

· Can the pupil work well with their peers?

· Is the pupil becoming more aware of the tools they can use in learning? Have they become more aware of needs and strengths?

All of this information should be brought to a formal, termly meeting that includes the teacher, support staff, pupil, and their parents. This meeting should help staff reach a decision regarding whether quality teaching has been achieved and whether the targeted provisions were effective.

During the meeting, the teacher should take into account the following issues:

· Were the agreed targets achieved?

· Is there evidence of day-to-day progress?

· Is the pupil transferring general skills back to the classroom?

· How has the pupil responded to the provision?

· How have the parents responded to the provision?

· What are the views of all parties involved?

· How does the term evaluation fit into the overall needs analysis?

· What needs to change for the next term?

At this point, the whole process will begin all over again so that it can constantly be improved. If little progress is being made within this cycle, it may be deemed necessary for additional support to be requested. This additional support can come in the form of an Education, Health and Care Plan (EHC plan).

4.6 The Purpose of an EHC plan

Chapter 9 of the code discusses education, health and care needs assessments and plans.

Section 9.2

The purpose of an EHC plan is to make special educational provision to meet the special educational needs of the child or young person, to secure the best possible outcomes for them across education, health and social care and, as they get older, prepare them for adulthood.

To achieve this, local authorities use the information from the assessment to:

· establish and record the views, interests and aspirations of the parents and child or young person

· provide a full description of the child or young person’s special educational needs and any health and social care needs

· establish outcomes across education, health and social care based on the child or young person’s needs and aspirations

· specify the provision required and how education, health and care services will work together to meet the child or young person’s needs and support the achievement of the agreed outcomes

Section 9.3

A local authority must conduct an assessment of education, health and care needs when it considers that it may be necessary for special educational provision to be made for the child or young person. The factors a local authority should take into account in deciding whether it needs to undertake an EHC needs assessment are set out in the SEN Code of Practice paragraphs 9.14 to 9.15, and the factors a local authority should take into account in deciding whether an EHC plan is necessary are set out in paragraphs 9.53 to 9.56. The EHC needs assessment should not normally be the first step in the process, rather it should follow on from planning already undertaken with parents and young people in conjunction with an early years provider, school, post-16 institution or other provider.

The process of Assess, Plan, Do, Review mentioned earlier in the module will provide invaluable evidence towards this first step.

In a very small minority of cases, children or young people may demonstrate such significant difficulties that a school or other provider may consider it impossible or inappropriate to carry out its full chosen assessment procedure. For example, where its concerns may have led to a further diagnostic assessment or examination which shows the child or young person to have a severe sensory impairment or other impairment without immediate specialist intervention beyond the capacity of the school or other provider, would lead to increased learning difficulties.

Section 9.5

EHC plans should be forward-looking documents that help raise aspirations and outline the provision required to meet assessed needs to support the child or young person in achieving their ambitions. They should specify how services will be delivered as part of a whole package and explain how best to achieve the outcomes sought across education, health and social care for the child or young person.

Section 9.6

An EHC needs assessment will not always lead to an EHC plan. The information gathered during an EHC needs assessment may indicate ways in which the school, college or other provider can meet the child or young person’s needs without an EHC plan.

The flowchart below gives you an outline of the process from start to finish, which must take no longer than 20 weeks.

Flow Chart

Section 9.7

The statutory processes and timescales set out in this chapter must be followed by local authorities. Local authorities should conduct assessments and prepare and maintain EHC plans in the most efficient way possible,

working collaboratively with children and young people and their parents. It should be possible to complete the process more quickly than the statutory timescales permit, except in more complex cases or where there is disagreement. It is vital that a timely process is supported by high-quality engagement with the child and his or her parents or the young person throughout the assessment, planning and review process.

4.7 Requesting an EHC Needs Assessment

Sections 9.8, 9.9 and 9.10 of the SEN Code of Practice discuss who can request an EHC Needs Assessment. This information relates to Section 36 of the Children and Families Act 2014.

Section 9.8

The following people have a specific right to ask a local authority to conduct an education, health and care needs assessment for a child or young person aged between 0 and 25:

· the child’s parent

· a young person over the age of 16 but under the age of 25, and

· a person acting on behalf of a school or post-16 institution (this should ideally be with the knowledge and agreement of the parent or young person where possible)

Section 9.9

In addition, anyone else can bring a child or young person who has (or may have) SEN to the attention of the local authority, particularly where they think an EHC needs assessment may be necessary. This could include, for example, foster carers, health and social care professionals, early years practitioners, youth offending teams or probation services, those responsible for education in custody, school or college staff or a family friend. Bringing a child or young person to the attention of the local authority will be undertaken on an individual basis where there are specific concerns. This should be done with the knowledge and, where possible, agreement of the child’s parent or the young person.

Section 9.10

Children and young people under 19 in youth custodial establishments also have the right to request an assessment for an EHC plan. The child’s parent, the young person themselves or the professionals working with them can ask the home local authority to conduct an EHC needs assessment while they are still detained.

4.8 Considering Whether an EHC Needs Assessment is Necessary

Under sections 9.11 to 9.19 of the code, the local authority must determine whether an EHC needs assessment is necessary. This information relates to Section 36 of the Children and Families Act 2014 and Regulations 3, 4, and 5 of the SEND Regulations 2014.

Section 9.11

Following a request for an EHC needs assessment, or the child or young person having otherwise been brought to its attention, the local authority must determine whether an EHC needs assessment is necessary. The local authority must make a decision and communicate the decision to the child’s parent or to the young person within 6 weeks of receiving the request. The local authority does not have to consider whether an EHC needs assessment is necessary where it has already undertaken an EHC needs assessment for the child or young person during the previous six months, although the local authority may choose to do so if it thinks it is appropriate.

Section 9.12

The local authority must notify the child’s parent or the young person that it is considering whether an EHC assessment is necessary, and must consult the child’s 145 parent or the young person as soon as practicable following a request for an EHC needs assessment (or having otherwise become responsible). This is particularly important where the request was not made by the child’s parent or the young person, so they have sufficient time to provide their views. In considering whether an EHC needs assessment is necessary, local authorities must have regard to the views, wishes and feelings of the child and his or her parent, or the young person. At an early stage, the local authority should establish how the child and his or her parent or the young person can best be kept informed and supported to participate as fully as possible in decision-making. The local authority must arrange for the child and his or her parent or the young person to be provided with advice and information relevant to the child or young person’s SEN, (for more information, see paragraph 9.21 and Chapter 2).

Section 9.13

Where the local authority considers that special educational provision may need to be made in accordance with an EHC plan and is considering whether an EHC needs assessment is necessary, it must notify:

· the child’s parent or the young person (and must inform them of their right to express written or oral views and submit evidence to the local authority)

· the health service (the relevant Clinical Commissioning Group (CCG) or NHS England where it has responsibility for a child or young person)

· local authority officers responsible for social care for children or young people with SEN

· where a child attends an early years setting, the manager of that setting

· where a child or young person is registered at a school, the headteacher (or equivalent)

· where the young person attends a post-16 institution, the principal (or equivalent)

Section 9.14

In considering whether an EHC needs assessment is necessary, the local authority should consider whether there is evidence that despite the early years provider, school or post-16 institution having taken relevant and purposeful action to identify, assess and meet the special educational needs of the child or young person, the child or young person has not made expected progress.

To inform their decision the local authority will need to take into account a wide range of evidence and should pay particular attention to:

· evidence of the child or young person’s academic attainment (or developmental milestones in younger children) and rate of progress

· information about the nature, extent and context of the child or young person’s SEN

· evidence of the action already being taken by the early years provider, school or post-16 institution to meet the child or young person’s SEN

· evidence that where progress has been made, it has only been as the result of much additional intervention and support over and above that which is usually provided

· evidence of the child or young person’s physical, emotional and social development and health needs, drawing on relevant evidence from clinicians and other health professionals and what has been done to meet these by other agencies, and

· where a young person is aged over 18, the local authority must consider whether the young person requires additional time, in comparison to the majority of others of the same age who do not have special educational needs, to complete their education or training. Remaining in formal education or training should help young people to achieve education and training outcomes, building on what they have learned before and preparing them for adult life.

Section 9.15

A young person who was well supported through the Local Offer while at school may move to a further education (FE) college where the same range or level of support is not available. An EHC plan may then be needed to ensure that support is provided and co-ordinated effectively in the new environment. It may also be the case that young people acquire SEN through illness or accident, or have an existing condition that requires increasing support as they get older

Section 9.16

Local authorities may develop criteria as guidelines to help them decide when it is necessary to carry out an EHC needs assessment (and following assessment, to decide whether it is necessary to issue an EHC plan). However, local authorities must be prepared to depart from those criteria where there is a compelling reason to do so in any particular case and demonstrate their willingness to do so where individual circumstances warrant such a departure. 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.

Section 9.17

The local authority must decide whether or not to proceed with an EHC needs assessment, and must inform the child’s parent or the young person of their decision within a maximum of six weeks from receiving a request for an EHC needs 147 assessment (or having otherwise become responsible). The local authority must give its reasons for this decision where it decides not to proceed. The local authority must also notify the other parties listed in section 9.13 above of its decision.

Section 9.18

If the local authority intends to conduct an EHC needs assessment, it must ensure the child’s parent or the young person is fully included from the start and made aware of opportunities to offer views and information.

Section 9.19

If the local authority decides not to conduct an EHC needs assessment it must inform the child’s parents or the young person of:

· their right to appeal that decision and the time limit for doing so

· the requirement for them to consider mediation should they wish to appeal, and

· the availability of information, advice and support and disagreement resolution services.

The local authority should also provide feedback collected during the process of considering whether an EHC needs assessment is necessary, including evidence from professionals, which the parent, young person, early years provider, school or post-16 institution may find useful.

4.9 Working with EHC Plans

Anyone contributing to the preparation of an EHC plan should consider the following (as per section 9.61 of the code):

· EHC plans should describe positively what the child or young person can do and has achieved

· EHC plans should be clear, concise, understandable and accessible to parents, children, young people, providers and practitioners. They should be written so that they can be understood by professionals in any local authority

· EHC plans must specify the outcomes sought for the child or young person. Outcomes in EHC plans should be SMART (specific, measurable, achievable, realistic, time-bound).

4.10 Content of EHC Plans

Sections 9.62 and 9.63 of the code relate to what should be included in the EHC plans. The relevant legislation for this information is in Section 37 of the Children and Families Act 2014 and Regulation 12 of the SEND Regulations 2014.

Section 9.62

The format of an EHC plan will be agreed locally, and it is expected that the plan will reflect the principles set out in Chapter 1 of this document. However, as a statutory minimum, EHC plans must include the following sections, which must be separately labelled from each other using the letters below. The sections do not have to be in the order below and local authorities may use an action plan in tabular format to include different sections and demonstrate how provision will be integrated, as long as the sections are separately labelled.

· Section A: The views, interests and aspirations of the child and his or her parents or the young person.

· Section B: The child or young person’s special educational needs.

· Section C: The child or young person’s health needs which are related to their SEN.

· Section D: The child or young person’s social care needs which are related to their SEN or to a disability.

· Section E: The outcomes sought for the child or the young person. This should include outcomes for adult life. The EHC plan should also identify the arrangements for the setting of shorter-term targets by the early years provider, school, college or other education or training provider.

· Section F: The special educational provision required by the child or the young person.

· Section G: Any health provision reasonably required by the learning difficulties or disabilities which result in the child or young person having SEN. Where an Individual Health Care Plan is made for them, that plan should be included.

· Section H1: Any social care provision which must be made for a child or young person under 18 resulting from section 2 of the Chronically Sick and Disabled Persons Act 1970.

· Section H2: Any other social care provision reasonably required by the learning difficulties or disabilities which result in the child or young person having SEN. This will include any adult social care provision being provided to meet a young person’s eligible needs (through a statutory care and support plan) under the Care Act 2014.

· Section I: The name and type of the school, maintained nursery school, post-16 institution or other institution to be attended by the child or young person and the type of that institution (or, where the name of a school or other institution is not specified in the EHC plan, the type of school or other institution to be attended by the child or young person)

· Section J: Where there is a Personal Budget, the details of how the Personal Budget will support particular outcomes, the provision it will be used for including any flexibility in its usage and the arrangements for any direct payments for education, health and social care. The special educational needs and outcomes that are to be met by any direct payment must be specified.

· Section K: The advice and information gathered during the EHC needs assessment must be attached (in appendices). There should be a list of this advice and information.

Section 9.63

In addition, where the child or young person is in or beyond year 9, the EHC plan must include (in sections F, G, H1 or H2 as appropriate) the provision required by the child or young person to assist in preparation for adulthood and independent living, for example, support for finding employment, housing or for participation in society.

Conclusion

The SEN Code of Practice lays out clear procedures to help teachers and staff to support SEN students to the best of their abilities. It also helps schools and local authorities operate within the law.

We have discussed a number of important sections within the Code, but because it serves the dual role of protecting pupils and protecting schools, it is essential for anyone working with SEN children or young adults to familiarise themselves with this document and the associated literature.

Finally, the EHC plan is a key legal document that many children with SEN will have. It is important to know and understand each child’s plan to enable them to move beyond their individual difficulties.

In Module 5, we discuss the role of a Special Educational Needs Co-ordinator.

WELL DONE!

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