Education and Child Matters

I AM L.I.P

I am a Litigant In Person

Education For Children With Special Educational Needs And Disabilities

 

WHAT DOES CHILDREN WITH SPECIAL EDUCATIONAL NEEDS AND DISABILITIES MEAN?

Section 20 children and families act 2014 states a child with special educational needs is one who experiences difficulty with their physical needs, emotional wellbeing, they have an impairment, a learning difficulty or disability, or behavioural issue that requires additional help, support, adaptations and extra provisions to be made for them.

What is a learning difficulty?

A learning difficulty is when a child has a significant degree of difficulty learning things compared to others in the same age group.

What is a learning disability?

A learning disability is a disability that makes it difficult for a child to use facilities in mainstream education institutions compared to others

What does being disabled mean?

A disabled child has a physical or mental disability that prevents them from carrying out day to day activities such as being mobile, getting dressed and bathing. However, the disability could also be sensory such as a visual or hearing impairment or mental such as autism.

What conditions often require special educational needs?

Autism, ADHD (attention deficit hyperactivity), ADD (attention deficit disorder), epilepsy, cerebral palsy, OCD (obsessive compulsive disorder), dyslexia, EBD (emotional and behavioural difficulties).

Please click on the boxes at the bottom of this page and you will be taken to the page where you will be given further information about any of these conditions.  

What other conditions are regarded as a disability?

Cancer, multiple sclerosis, and HIV. 

LINK TO GOVERNMENT WEBSITE FOR SECTION 20 OF THE CHILDREN AND FAMILIES ACT 2014

WHAT IS SEN AND SEND SHORT FOR IN SCHOOLS?

SEN is short for special educational needs. 

SEND is short for special educational needs and disabilities. 

WHAT IS SPECIAL EDUCATIONAL PROVISION?

Special educational provisions are materials, adaptations, special equipment, technology, and things provided to children with special educational needs, disabilities and medical needs so they can access the national curriculum, lessons and study that are available to other children without these needs. 

WHY IS IT IMPORTANT TO IDENTIFY AND SUPPORT CHILDREN WITH SPECIAL EDUCATIONAL NEEDS AND DISABILITIES & MEDICAL NEEDS?

There are many reasons why a child with special educational needs and disabilities & medical needs should be supported. Some of these reasons are:

  1. They may become isolated because they struggle to make friends.
  2. Their concentration levels may be short (ADHD).
  3. Their understanding of things may be reduced.
  4. Their reading and writing skills may hinder them (dyslexia).
  5. They may need regular treatment or medicine which could interfere with lessons.
  6. They may need more time in lessons and in exams.

WHO DO YOU CONTACT IF YOU NEED HELP WITH A CHILD WITH SEND OR MEDICAL NEEDS?

If you feel your child with special educational needs, disability or medical needs needs support and provisions made available to them you can contact the following list below. They will help you access support.

  1. YOUR GP They may already know about your child’s condition. It may have been there from birth, may have been picked up during the first few years or their condition may be coming to light now. Either way, always keep your GP involved. They can ask for further tests and put your child’s name forward for help.
  2. YOUR LOCAL AUTHORITY You should contact your local authority if your child is not in school or nursery. They will inform you of all the help available to you.  
  3. THE SEN DEPARTMENT AT SCHOOL OR NURSERY All schools and nurseries will have a SEN or SEND department. You must contact this department and make an appointment to see the SENCO (the special educational needs co-ordinator). 

The special educational needs coordinator is a teacher who works with and supports all the children with SEN/SEND at their school or nursery. They make sure tests are conducted if needed, appropriate support is given where needed, SEN/SEND children feel included, and their needs are getting met. 

In some schools you may need to talk to your child’s form tutor or year head first and share your concerns. They will then refer you to the SENCO.

WHAT IS THE 2001 SEND CODE OF PRACTICE?

The SEND code of practice is a guide for local authorities, schools and nurseries to help them understand their duties towards children and young people (ages 0 – 25 years) who have special educational needs, disabilities and medical needs. 

The SEND code of practice section 6.27 says that schools must cater in 4 areas for SEND children. They are:

  1. Communication and interaction
  2. Emotional, social and mental health difficulties. 
  3. Cognition and learning 
  4. Sensory and physical needs. 

The SEND code of practice section 6.44 says that schools must remove barriers to learning and take action by putting special educational provisions in place. Schools must use a graduated approach to help SEND children. This graduated approach is in the form of a continuously repeated 4 part cycle that ensures the help that is given to children is effective and progressive and the goals set out are achieved.

PART 1 OF THE CYCLE – The assessment of the child for additional provisions.

PART 2 OF THE CYCLE – The plan for the additional provisions.

PART 3 OF THE CYCLE – To put this plan into action.

PART 4 OF THE CYCLE – To review the results of the plan. 

LINK TO GOVERNMENT WEBPAGE FOR 2001 SEND CODE OF PRACTICE

ARE SCHOOLS AND NURSERIES REQUIRED BY LAW TO SUPPORT CHILDREN WITH SPECIAL EDUCATIONAL NEEDS, DISABILITIES AND MEDICAL NEEDS?

Most children with special educational needs, disabilities and medical needs attend mainstream schools including academies and local authority maintained state schools. 

LINK TO OUR L.I.P HELP GUIDE TO WHAT ARE THE DIFFERENT TYPES OF UK EDUCATION ESTABLISHMENTS.

Under section 66 of the children and families act 2014 all mainstream schools and nurseries are required by law to do everything possible to make sure children with special educational needs get all the support they need.

LINK TO GOVERNMENT WEBPAGE FOR SECTION 66 OF THE CHILDREN AND FAMILIES ACT 2014

Under section 100 of the children and families act 2014 all mainstream schools and nurseries are required by law to do everything possible to make sure children with medical needs get all the support they need.

LINK TO GOVERNMENT WEBPAGE FOR SECTION 100 OF THE CHILDREN AND FAMILIES ACT 2014

Under the equalities act all mainstream schools and nurseries are required by law to do everything possible to make sure children with disabilities get all the support they need.

WHAT IS SEN SUPPORT?

Support for children with special educational needs, disabilities and medical needs are provided through a system called sen support.

In some write ups sen support is also referred to as ‘additional sen support’. 

WHAT IS SENCO?

The sen support department of schools and nurseries is run by a teacher called the special educational needs coordinator (SENCO). It is the responsibility of the SENCO to provide as much support as possible for children. The SENCO will work with other teachers in the school, organise learning aids, help in exams, and provide support especially catered for the children they are looking after. The SENCO will also keep a record of all the help they can provide and keep an eye on progress.

WHAT IS A SEN SUPPORT PLAN?

If your child is being given sen support the SENCO will write a sen support plan for your child. The sen support plan will be specific for your child. It will discuss their goals and aims and how the school can help them.  

Your child’s sen support plan will include details about targets that should be met. These targets are SMART targets. These targets are specific, measurable, achievable, realistic, and time-bound. 

The SENCO can ask the school to provide specialist support from outside the school such as an educational psychologist, speech support, language and behaviour support.

HOW OFTEN WILL THE SENCO MEET WITH YOU?

The SENCO will meet with you as the parent 3 – 4 times a year to discuss the progress of your child and what extra help is needed. These meetings are separate from normal parents evenings. 

The SENCO will write a detailed report on your child approximately once a year outlining needs, progress, parent meetings and outcomes achieved.

WHAT ARE OTHER NAMES FOR A SEN SUPPORT PLAN?

Other names for a sen support plan are ‘one plan’, ‘my plan’, ‘pupil support plan’, ‘individual education plan’ (IEP).

WHAT IS A PROVISION MAP?

A provision map is often part of the sen support plan and also written by the SENCO. The provision map details the support your child gets, how this support impacts your child and how much it costs the school financially.

HOW EXACTLY CAN THE SEN/SEND DEPARTMENT OF SCHOOLS AND NURSERIES HELP A CHILD?

Some of the things the SEN/SEND departments of school and nurseries can help with are:

  1. They can organise a special learning programme especially catered for your child to help them navigate their education.
  2. They can make changes to the curriculum.
  3. Provide laptops and information technology.
  4. They can try and make sure there is a learning support assistant available to help your child in school.
  5. Get your child to attend a smaller work group.
  6. Provide special equipment and teaching materials.
  7. Ensure your child participates in activities that other children (without sen) participate in.

Sometimes the SEN/SEND department can arrange external (outside of the school) help and support for your child. However, this will depend upon cost and availability. External support can include the following:

  1. Occupational therapists.
  2. Educational psychologists.
  3. Behaviour support services.
  4. Child psychologists.
  5. Speech therapists.
  6. Child and adolescent mental health services (CAMHS)

WHAT IS A SEN INFORMATION REPORT?

The SEND code of practice section 6.79 says that all schools must publish an annual sen information report outlining how they support and make arrangements for children with special educational needs and disabilities and medical needs at their school. This report must include the following:

  1. What has been done to help and encourage the admission of disabled children. 
  2. What is the school doing to make sure disabled children are being treated equally compared to other children at the school.
  3. What facilities does the school provide for disabled children? 
  4. How does the school make itself more accessible to disabled children?
  5. How does the school ensure that parents are informed and included?
  6. The contact details of the SENCO

DO SCHOOLS RECEIVE FUNDS TO SUPPORT CHILDREN WITH SPECIAL EDUCATIONAL NEEDS AND DISABILITIES?

Schools have a delegated budget which are funds the school receives to enable support to be provided for children with SEND. 

The funds are given by the local authority and/or the education funding agency.

WHAT IS A EHC PLAN (EDUCATION, HEALTH, AND CARE PLAN)?

If your child needs more support than what their school or nursery can provide, you or the SENCO can contact your local authority and ask for an education, health and care (EHC) needs assessment. 

An Education, health and care plan used to be called a statement of special educational needs. 

Once looking at all the information that has been provided, if your local authority agrees to carry out an EHC assessment they will create a draft EHC plan for your child. You will have 15 days once you receive this plan to comment on it and request a special needs education establishment for your child.

A special school can provide support for children with complex needs. This support can include therapists, special equipment and specially trained teachers. 

The EHC plan is a legal document. As the title states the EHC plan outlines your child’s specific educational, health and care needs, the help needed to support these needs, and how this support will help your child achieve. 

A EHC plan can only be done for a child or young person between 0 – 25 years of age. It will stay in place until your child leaves education or until your local authority deems it that your child does not need the plan anymore. 

Your child’s EHC plan will be annually reviewed. At this review changes may be made, or it may stay the same. 

A EHC plan can contain the following information:

  1. To secure the best outcome for your child with regards to education, health and social care.
  2. Special educational needs of your child.
  3. Special educational needs of your child with regards to health and social care.
  4. What educational provisions need to be put in place.
  5. What provisions need to be put in place to support your child’s health and social care.
  6. How these provisions will help your child.
  7. Which educational institutions are best suited for your child.
  8. The views and aspirations of your child.
  9. How to prepare your child for adulthood.
  10. Your (the parents) views.

CAN YOU APPEAL THE CONTENTS OF THE EHC PLAN OR ?

Yes you can appeal the contents of your child’s EHC plan. You can contact the first tier tribunal for SEND. They will accept an appeal with regards to the following:

  1. If you disagree with the content of the EHC plan itself, the provisions that have been made available or the education establishment that has been named.
  2. If your local authority has refused to carry out an EHC assessment.
  3. If your local authority has refused to issue an EHC plan.
  4. If your local authority has refused a reassessment or refused to amend a EHC plan at an annual review.  
  5. You can also appeal if your local authority refuses to maintain the EHC plan. 

Their contact details are 

Email – sendistqueries@justice.gov.uk

Tel – 0300 303 5857 

The SEND Tribunal is a national organisation that deals with disability discrimination cases against schools and also appeals against Local authority’s decisions about a child’s education, health and care plan (EHC plan) and the needs assessment of a child.

LINK TO GOVERNMENT WEBSITE FOR FIRST TIER TRIBUNAL (SPECIAL EDUCATIONAL NEEDS & DISABILITY)

LINK TO GOVERNMENT WEBSITE FOR HOW TO APPEAL A SPECIAL EDUCATIONAL NEEDS DECISION – SEND 37

WHAT IS A LOCAL OFFER?

The local offer is a report on your local authority’s website about the total services and provisions they offer to support children and young people with special educational needs, disabilities and medical needs. This has been in place since 1st September 2014.

The SEND code of practice states the local offer must do the following:

  1. The local authority must target all provisions to meet the needs and aspirations of the local children and young people.  
  2. The local authority must make it clear to all what these provisions are and how to access them. 

The local offer should include information about the following:

  1. Provisions for travelling to and from schools.
  2. Arrangements for children moving between stages of education.
  3. Arrangements for assessing EHC needs.
  4. Explanation of which young people and parents can ask for an EHC plan.
  5. Details of all provisions (including online and blended provisions) available.
  6. Provisions available for over 16 years.
  7. Internships, traineeships and apprenticeships available.
  8. Childcare and leisure activities available.
  9. Support available from schools and GP’s.
  10. Specialised long term support available. 
  11. How to access and apply for disabled students allowance.
  12. How to make a complaint.
  13. How to appeal a local authority decision.

HOW CAN YOU COMPLAIN ABOUT YOUR LOCAL AUTHORITY IF YOU FEEL THEY HAVE LET YOU AND YOUR CHILD DOWN WITH REGARDS TO SEN/SEND AND THE EHC PLAN.

If you feel your local authority has let you and your child down, the first thing you should do is contact your local authority and try to reach a resolution. 

Ask your local authority if there is a right to appeal to a SEN tribunal for your particular complaint. If there is, you must do this.

If this has been done or you are not entitled to this then you can contact your local government ombudsman (LGO).  

LINK TO YOUR LOCAL GOVERNMENT AND SOCIAL CARE OMBUDSMAN.

A few things you can complain about are:

  1. The local offer.
  2. Your local authority’s response about the school not providing SEN support.
  3. A young person has not been included in the decisions made about their SEN support.
  4. There has been a delay is assessing a child’s SEND needs
  5. There has been no annual review
  6. The SEND code of practice has not been followed.

The local government ombudsman will investigate and if your local authority is found guilty, the ombudsman can order them to give you an apology or pay compensation. 

LINK TO OUR L.I.P HELP GUIDE FOR COMPLAINING TO AND ABOUT UK EDUCATION ESTABLISHMENTS

LINK TO GOVERNMENT WEBSITE FOR CHILDREN WITH SPECIAL EDUCATIONAL NEEDS AND DISABILITIES

LINK TO NHS WEBSITE FOR CHILDREN WITH SPECIAL EDUCATIONAL NEEDS AND DISABILITIES

WHAT ABOUT LOOKED AFTER CHILDREN WITH SEND?

It is the responsibility of your local authority to look after the education of looked after children (children in care). Many looked after children have special educational needs. Some have disabilities. Your local authority may already know about these needs before a child becomes a looked after child especially if the local authority has carried out a education, health and care (EHC) needs assessment and then written a EHC plan for the child. However, there are many cases where an assessment has never been done let alone a EHC plan. If this is the case the local authority must do an EHC assessment immediately. 

What is a virtual school?

A virtual school is an additional resource and service from the local authority that supports and helps the educational and academic achievements of looked after children. It is composed of a group of professionals such as education welfare officers, personal education plan coordinators, managers and learning mentors that make up a virtual school team. There is also a headteacher who is called the virtual school head. 

The virtual school team works in collaboration with the child’s school, designated teacher, social worker, and carers to offer support, help and make sure every looked after child can and is performing to their maximum. The virtual school team makes sure a looked after child has access to activities that can help with career plans.

What is a virtual school head?

The virtual school head oversees the education, the support, the help and guidance given to all looked after children. They are also in charge of the educational care of any looked after children placed in education out of the local authority. They must ensure that all personal educational plans are being followed and reviewed regularly as legally required. Under section 99 of the children and families act 2014 a local authority must have a virtual school head who is in charge of the local authorities virtual school team. 

LINK TO GOVERNMENT WEBSITE FOR SECTION 99 OF THE CHILDREN AND FAMILIES ACT 2014

LINK TO GOVERNMENT GUIDE TO THE ROLE OF A VIRTUAL HEAD 

Please find below 26 mini help guides on the most common conditions and disorders. Any child that suffers from any of these is considered a child with special educational needs.