Special Educational Needs London

What Is the Special Educational Needs Code of Practice?

The SEND Code of Practice 2015 is the statutory guidance governing how schools, local authorities and other organisations identify, assess and support children with SEN. This guide explains what it covers and its key principles.

Statutory guidanceThe SEND Code of Practice 2015 is statutory guidance that all schools, local authorities and health bodies in England must have regard to
0 to 25The Code covers children and young people from birth to age 25, reflecting the extended provision under the Children and Families Act 2014
Person-centredThe Code places a strong emphasis on person-centred approaches and the participation of children, young people and families in decisions about provision
Graduated approachThe Code requires schools to follow the assess, plan, do and review cycle for all pupils with SEN

What Is the Special Educational Needs Code of Practice?

The Special Educational Needs and Disability (SEND) Code of Practice 2015 is the statutory guidance issued under the Children and Families Act 2014. It applies to England and must be followed by all schools, local authorities, health bodies and other organisations working with children and young people with SEN and disabilities from birth to age 25. The Code sets out how organisations should identify SEN, what provision should be made, how families and children should be involved in decisions and how the EHCP process works. All professionals working in SEN in London schools must understand and apply the Code.

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Key Points Explained

1

What the SEND Code covers

The SEND Code of Practice covers: the principles and statutory duties underpinning SEN provision; the graduated approach to identifying and supporting SEN; the roles and responsibilities of schools, local authorities, NHS bodies and other organisations; the process for Education, Health and Care Plan assessment and issuance; the rights of children, young people and parents to participate in decisions; provision from birth through to post-16 and post-19 education; and the interface between SEN provision and social care and health services.

2

Who must follow the Code

The SEND Code of Practice must be followed by schools (all types including maintained schools, academies, free schools and independent schools that are approved for pupils with EHCPs), local authorities, NHS bodies and health commissioners, early years providers and further education institutions. The Code does not apply in Wales, Scotland or Northern Ireland, which have their own equivalent frameworks.

3

The key principles

The SEND Code of Practice is built on several key principles: the views, wishes and feelings of children and young people and their parents must be sought and taken into account; children and young people must be involved in decisions about their education and care; disabled children and young people and those with SEN should have the same opportunities as other children; and families should be supported so that they can participate fully in decisions about provision for their child.

4

The graduated approach in the Code

The Code requires schools to follow a graduated approach to supporting pupils with SEN. This involves four steps: assess (identifying the nature of the child’s needs through observation, assessment and consultation); plan (setting out the provision to be made, the expected outcomes and the review date); do (delivering the planned provision, with the class or subject teacher remaining primarily responsible for the child’s progress); and review (evaluating the effectiveness of provision and making adjustments as needed). This cycle should be repeated regularly and documented.

5

EHCPs in the Code

The SEND Code of Practice sets out the full statutory process for Education, Health and Care Plans. It specifies the circumstances in which a local authority must carry out an EHC needs assessment, the timescales for each stage of the process (20 weeks from request to EHCP), the required content of an EHCP and the rights of families to request particular schools, to appeal to the SEND tribunal and to request annual reviews. Understanding the EHCP provisions of the Code is essential for schools supporting families through the process.

6

Using the Code in London

In London, the SEND Code of Practice is applied by 32 local authorities, each with their own Local Offer (the publicly available information about what SEN provision is available in the area), their own commissioning arrangements and their own approach to EHCPs and specialist provision. Schools in London work within both the national Code and the specific policies and practices of their local authority. SEN professionals working across London boroughs need to understand both the national framework and the local variations.

For related information see our articles on Special Educational Needs Meaning and How to Apply for an EHCP.

Frequently Asked Questions

What is the SEND Code of Practice?

The SEND Code of Practice 2015 is statutory guidance issued under the Children and Families Act 2014 that all schools, local authorities and other organisations in England must follow. It sets out how SEN should be identified, assessed and supported, and how the EHCP process works from birth to age 25.

Is the SEND Code of Practice legally binding?

The SEND Code of Practice is statutory guidance, meaning that organisations must have regard to it. While it is not an Act of Parliament, failure to follow it can be challenged and is taken seriously by Ofsted inspectors and the SEND tribunal. Courts have held that departing from the Code without good reason is unlawful. In practice, all schools, local authorities and other relevant organisations are expected to follow the Code.

How does the SEND Code of Practice affect London schools?

London schools must follow the SEND Code of Practice in identifying and supporting pupils with SEN. This includes implementing the graduated approach (assess, plan, do and review), cooperating with local authority EHC assessment processes, publishing a SEN Information Report, designating a SENCO and ensuring that all staff with teaching responsibilities for pupils with SEN are aware of and responsive to those needs.

Special Educational Needs London Resource Hub

Visit our SEN London Resource Hub for more guides on EHCP rights, SEN legislation, staffing costs, agency use, Ofsted expectations and borough-by-borough funding variations across the capital.

The information in this article is provided for general guidance only and does not constitute legal or professional advice. Legislation, funding and local authority policies change: always verify current requirements with the relevant authority. SENDhelp Education Limited accepts no responsibility or liability for any loss or damage arising from reliance on this content. Any links to third-party websites are provided for convenience only and do not constitute endorsement of their content.

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