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'Special educational provision' is defined in subsection 312(4) of the Education Act 1996
(as amended by the School Standards and Framework Act 1998) as:
In relation to a child who has attained the age of two, educational
provision which is additional to, or otherwise different from, the educational provision
made generally for children of his age in schools maintained by the local education
authority (other than special schools) in their area;
In relation to a child under that age, educational provision of any kind.
This means that provision for children with special educational needs is defined
in relation to what is already available in schools in their area.
The
SEN Code of Practice
The SEN Code of Practice gives guidance
to early education settings, state schools, local authorities and anybody else that
helps to identify, assess and provide help for children with SEN. It sets out the processes and procedures that all
these organisations must or should follow to meet the needs of children. They must
not ignore the guidance in the Code and they must take account of the Code when they
make their SEN policies.
Children with SEN will need different
levels of support, according to their needs. Appropriate provision, based upon individual
children’s needs is achieved through a ‘graduated approach’ where,
increasingly, step-by-step specialist expertise can be brought in to help the school
with the difficulties a child may have.
The
Special Educational Needs Code of Practice: statutory assessment (1)
Where the school or early education setting cannot provide all the help a child
needs, the local authority will consider carrying out a statutory assessment to
find out exactly what the child's needs are and what special help they need.
As a result of the assessment, the local authority may issue a statement of Special
Educational Needs.
When carrying out an assessment, the authority must seek written advice from:
Parents;
The child's school or early years' setting;
An educational psychologist;
A doctor;
Social services (who will only give advice if they know the child);
Anyone else whose advice the local authority considers appropriate.
The
Special Educational Needs Code of Practice: statutory assessment (2)
As a result of the assessment, the local authority may issue a statement of Special
Educational Needs.
If the local authority decides that a statement is not appropriate, they issue a 'note
in lieu'. Parents may challenge this decision through an appeal to the Special Educational
Needs and Disability Tribunal.
The school identified within the statement and also the parents of the child concerned
receive a copy of the statement.
The
special educational needs statement
A statement describes the child's Special Educational Needs and the special help
they should receive, including as appropriate, money, staff time and specialist
equipment.
The statement comes into force as soon as the local authority makes it. From that
time, the local authority must provide the child's school with any extra resources
it needs. The school's governors must do their best to make sure the child gets
the special educational help set out in the statement.
The statement is legally binding and enforceable, and can only be changed by agreement
by parties concerned through a formal review, or by appeal to a Special Educational
Needs and Disability Tribunal.
Format
of a statement (1)
The format of a statement is stipulated by law and set out in Schedule 2 of the Education
(Special Educational Needs) (England) (Consolidation) Regulations 2001, and described
in paragraph 8:29 of the Code of Practice.
This section gives details about the child (name, address, date of birth, home
language and religion). It also lists all the advice the local authority received
as part of the assessment.
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2.
Special educational needs
This section gives details of the child's special educational needs as identified
in the statutory assessment.
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3.
Help
This section describes all the special help that the local authority thinks the
child should get to meet the needs listed in Part 2, what the long-term aims are and
the arrangements for setting short-term goals, reviewing the child's progress towards
these goals and how the child's progress is to be monitored.
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4.
School
This section states the name of the school the child will go to to get the help
set out in Part 3, or how any arrangements will be made out of school hours or off
the school premises.
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5.
Non-educational needs
This section describes any non-educational needs the child has, as agreed between
the local authority and the health services, social services or other agencies.
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6.
Non-educational help
This section describes how the child will get help to meet any non-educational
needs described
in Part 5.
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Format
of a statement (3)
All statements of Special Educational Needs will, therefore, have a similar look,
regardless of the authority drawing them up.
An example of a fictional statement can be seen here:
Before a final statement is written, the local authority sends parents a ‘proposed
statement’, that is a draft,
for comment.
Reviewing the statement
Local authorities must check each child’s progress and make sure that the
statement continues to meet their special educational needs. They must review the
statement at least once a year, but they can do it more often if necessary.
The procedures for organising annual reviews are set out here:
Watch these two video clips in which the headteacher opens meetings
to review the progress of two children, Marley and Sophia. Consider the range of
people involved, their respective roles and the variety of expertise they bring.
Review meeting 1 (Sophia)
8:11
Presentation from class teacher at her special school
placement.
Review meeting 1 (Marley)
0:30
Introduction
Who attends
a review? (2)
The parties who must contribute to the statement also contribute to the review.
If key professionals are unable to attend review meetings, they send in reports.
Watch this video clip in which Marley’s parents comment on reports from the
visual impairment service and the music therapist.
Task: Pupil's
voice (1)
Sophia joins her review meeting.
2:40
Sophia's teacher describes helping Sophia to participate
in her review.
3:51
Consider the ways in which you could present an honest and accurate
summary of a pupil’s views at a
review meeting.
Task: Pupil's
voice (2)
Marley
chose not to participate in his review. In this video clip Marley's teacher, Lesley,
presents his views. She uses photographs to support what Marley has said.
After
the review
After listening to everyone’s views at the review meeting, the school will
set new targets. The headteacher sends a report to the local authority recommending
any changes the people at the meeting felt should be made to the statement.
The local authority must then, on receiving this report, decide whether:
The statement should remain the same;
Changes should be made to the content of the statement in response to different
circumstances or changing needs;
The statement is no longer required to support meeting the child’s
needs.
Special educational needs tribunals
Both of the reviews that you have seen led to agreed actions. What would happen
if they did not?
In the most serious cases, the parents may appeal to a tribunal. These are discussed
in more detail in the next section.
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Review meeting 1 (Sophia)8:11Presentation from class teacher at her special school placement.
Review meeting 1 (Marley)0:30Introduction
Sophia joins her review meeting.2:40
Sophia's teacher describes helping Sophia to participate in her review.3:51
