There may be times when you need to refer to the law relating to pupils with special educational needs (“SEN”) and or disabilities.
Statute, regulations and guidance are written and approved by Parliament. They set out the duties on local authorities (“LAs”), schools and other public bodies. If you want to refer to a specific duty, you may want to find it in the law. Statute and regulations must be complied with, and statutory guidance should be complied with unless the LA or school has a very good reason for not doing so (It will often make sense to start with the guidance as it is generally easier to read than the law.)
In terms of Special Educational Needs and Disabilities, we can separate this into:
Law relating to the SEND Framework
Law relating Disability Discrimination
Law relating to Exclusions
LAs, schools and health authorities must comply with the law. Any policies or practices which are inconsistent can be challenged through. Schools are required to use their “best endeavours” and make "reasonable adjustments" to support their pupils with SEN and disabilities.
This section is all about the SEND related legislation and how to apply this for your setting to remain compliant and know your rights when dealing with your LA.
2014 was a landmark year for Special Educational Needs. It was the year that heralded the most comprehensive overhaul of the SEN Framework for over 30 years. Here, we summarise SEN Framework and why it was needed.
This is the chapter that outlines the duties upon educational settings. We have tried to unpick this by highlighting the sections that relate to Special Educational Needs and those that relate to Special Educational Provision.
Written by Schoolsweek magazine, this is an excellent overview of how SEN funding is distributed and simplifies the different elements (1, 2 and 3) of funding that a setting may receive.
Children may experience five types of disability discrimination at school. This section of the Equality Act (2010) outlines these and duties around the requirement of 'reasonable adjustments' for any pupil classed as having a disability.
A guide for Educational Settings from the Kids charity. A summarised and easy-to-understand overview of the different types of disability discrimination and making reasonable adjustments.
A guide for Educational Settings from the Equality and Human Rights Commission . There are three elements to the reasonable adjustments duty that relate to:
• Provisions, criteria and practices
• Auxiliary aids and services
• Physical features
The School Discipline Regulations 2012 came into effect on 1 September 2012 and apply only to England. They enabled Principal's of maintained schools to exclude pupils for up to a maximum of 45 days per school year subject to a number of conditions or permanently.
This document from the Department for Education have provided a guide to the legislation that governs the exclusion of pupils from maintained schools (and other setting types) in England.
Children with Special Educational Needs and/or Disabilities are much more likely to be excluded from school than their classmates. This booklet from the Kids Charity guides parents on their rights. Is a useful summary guide for schools too.
Overview of some of the key points for schools in relation to excluding pupils with SEND (including those with an EHCP) and the links to making reasonable adjustments.
Former Children's Secretary Edward Timpson was commissioned by the Government to conduct a review of exclusion practice, to explore how head teachers use exclusion in practice, and why some groups of pupils are more likely to be excluded.
Judicial review (JR) is an action in which the court is asked to review the lawfulness of a decision or action made by a public body. It therefore covers government departments, local authorities and state-maintained schools (including academies and free schools) but not private schools.
The Ombudsman can investigate a complaint that a local authority has failed to appropriately address a child’s special educational needs (SEN). This includes delay in assessing a child and issuing an Education Health and Care Plan (EHCP) and failing to implement an EHCP or carry out an annual review.
From Her Majesty's Courts and Tribunals Service (HMCTS), this set of videos is aimed at parents to explain the SEND appeals service and what you can expect along the way including when attending a Tribunal hearing. These videos are also useful for Educational settings so that they are also aware in case they are ever part of the Tribunal process and even called as a witness.