Are there specific laws governing SEND in schools?

Introduction to SEND Legislation

Special Educational Needs and Disabilities (SEND) provision in schools across the UK is guided by specific legislation designed to ensure that all children, regardless of their abilities or disabilities, have access to quality education. The legal framework oversees how educational institutions support children with SEND, and it sets requirements for schools to identify and address these needs effectively.

The Children and Families Act 2014

The cornerstone of SEND legislation in the UK is the Children and Families Act 2014. This legislation reformed the way in which support for children with SEND is provided. It introduced the Education, Health and Care (EHC) plans, which replaced the previous Statements of Special Educational Needs. The EHC plans are designed to bring together health care and social services along with educational support, ensuring a more holistic approach to assisting children and young people up to the age of 25.

The SEND Code of Practice

The Department for Education, alongside the Department of Health and Social Care, published the SEND Code of Practice: 0 to 25 years. This document provides statutory guidance for organizations responsible for providing education, health, and social services to children with SEND. It sets out the duties and responsibilities of schools, local authorities, and other service providers, emphasizing the importance of involving children and their parents or carers in the decision-making process.

The Equality Act 2010

Alongside the specific EHC framework, the Equality Act 2010 plays a crucial role in safeguarding the rights of children with SEND by prohibiting discrimination, harassment, and victimization in educational settings. This act requires schools to make reasonable adjustments to ensure their facilities and practices do not disadvantage pupils with disabilities. It mandates that mainstream schools meet the equal access needs of pupils, thereby fostering an inclusive environment.

Local Offer

Local authorities in the UK are required to publish a 'Local Offer' which details the support they expect to be available for children and young people with SEND in their area. This includes information on education, health, and care services and how these can be accessed. The Local Offer is intended to improve choice and transparency for families, providing them with the necessary information to make informed decisions about their children's education.

Conclusion

In summary, the legal framework governing SEND in schools in the UK is extensive and designed to ensure that children with special educational needs and disabilities receive the support they need. Key pieces of legislation such as the Children and Families Act 2014, the SEND Code of Practice, and the Equality Act 2010 work together to promote a fair, inclusive, and transparent approach in educational settings across the UK. These laws and guidelines not only protect the rights of children with SEND but also empower schools and families to work towards the best outcomes for every child.