SEND Code of Practice 2015

0 to 25 years. Statutory guidance for organisations which work with and support children and young people who have special educational needs or disabilities (download the PDF)

Overview

The Code of Practice provides statutory guidance on duties, policies and procedures relating to Part 3 of the Children and Families Act 2014 and associated regulations and applies to England. It relates to children and young people with special educational needs (SEN) and disabled children and young people.

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Chapter 1 - Principles

This chapter covers Section19 of the Children and Families Act 2014 and sets out theprinciples underpinning the legislation and the guidance in this Code of Practice. This chapter sets out those principles and how they are reflected in the chapters that follow.

Legislation Section 19 of the Children and Families Act 2014

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Chapter 2 - Impartial information, advice and support

This chapter is about the information, advice and support which local authorities must provide for children, young people and parents, covering special educational needs (SEN), disability, health and social care. 

Legislation: Sections19(c), 26(3), 32 and 49 of the Children and Families Act 2014

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Chapter 3 - Working together across education, health and care for joint outcomes

This chapter explains the duties local authorities and their partner commissioning bodies have for developing joint arrangements for commissioning services to improve outcomes for 0 to 25-year-old children and young people who have special educational needs (SEN) or disabilities, including those with Education Health and Care (EHC) plans.

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Chapter 4 - the Local Offer

This chapter explains the statutory duties on local authorities to develop and publish a Local Offer setting out the support they expect to be available for local children and young people with special educational needs (SEN) or disabilities.

Legislation: Sections 27, 28, 30, 32, 41, 49, and 51-57 of the Children and Families Act 2014

The Equality Act 2010

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Chapter 5 - Early Year providers

This chapter explains the action early years providers should take to meet their duties in relation to identifying and supporting all children with special educational needs (SEN), whether or not they have an Education, Health and Care (EHC) plan.

LegislationSections 29, 34, 35, 66, 64, 68 and 69 of the Children and Families Act 2014.

The Equality Act 2010

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Chapter 6 - Schools

The chapter explains the action that mainstream schools should take to meet their duties in relation to identifying and supporting all children with special educational needs (SEN) whether or not they have an Education, Health and Care (EHC) plan.

Legislation: Sections 29, 35, 66, 67, 68, 69 and 100 of the Children and Families Act 2014.

The Equality Act 2010

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Chapter 7 - Further education

This chapter explains and provides guidance on the statutory duties on further education colleges, sixth form colleges, 16-19 academies and some independent specialist colleges approved under Section 41 of the Children and Families Act 2014 to identify, assess and provide support for young people with special educational needs (SEN).

Legislation: Sections 28, 29, 34, 41, 43, 66 and 77 the Children and Families Act 2014

The Equality Act 2010

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Chapter 8 - Preparing for adulthood

This chapter is relevant for everyone working with children and young people with SEN or disabilities and is particularly relevant for those working with children and young people aged 14 and over. It sets out how professionals across education (including early years, schools, colleges and 16-19 academies), health and social care should support children and young people with special educational needs. 

Legislation: Sections 19, 26, 27, 28, 29, 30, 32, 36, 38, 49, 50 and 51 of the Children and Families Act 2014

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Chapter 9 - 1    Education, Health and Care needs assessments and plans

This chapter covers all the key stages in statutory assessment and planning and preparing the Education, Health and Care (EHC) plan, and guidance on related topics.

Legislation:  Sections 36–50 of the Children and Families Act 2014

  • The Care Act 2014

  • Section 2 of the Chronically Sick and Disabled Persons Act 1970

  • Sections 17, 20 and 47 of the Children Act 1989

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Chapter 10 - Children and young people in specific circumstances

This chapter highlights particular groups of children and young people whose specific circumstances require additional consideration by those who work with them and support their special educational needs (SEN). It sets out information about managing their circumstances in order to achieve effective joined-up service provision that can help achieve good outcomes for them.

Legislation: 

  • The Children and Families Act 2014

  • The Chronically Sick and Disabled Persons Act 1970

  • The Children Act 1989

  • The Education Act 1996

  • The Crime and Disorder Act 1998

  • Section 20 of the Children and Young Persons Act 2008

  • The Apprenticeship, Skills and Learning Act 2009

  • The Equality Act 2010

  • The National Health Service Act 2006

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Chapter 11 - Resolving differences

This chapter is primarily about resolving disagreements between parents or young people and early years providers, schools, colleges, local authorities or health commissioners.

Legislation: 

  • The Children and Families Act 2014 Sections 51 – 57 and 60

  • The Children Act 1989, section 26

  • The Education Act 1996, Section 496 and 497

  • The Tribunals, Courts and Enforcement Act 2007

  • The Equality Act 2010

  • The Legal Aid, Sentencing and Punishment of Offenders Act 2012

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