SEND code of practice
What is the Special Educational Needs and Disability (SEND) code of practice, where it came from, why it is important and how early years and childcare providers should use it.
What is the SEND code of practice?
The SEND code of practice has been created to provide guidance to those organisations working with, and providing support to, children and young people (from 0 to 25 years) with special educational needs and disabilities.
It outlines the legal requirements and statutory guidelines for schools, academies, and local authorities, as set out in the Children and Families Act 2014, the Equality Act 2010, and the Special Educational Needs and Disability Regulations 2014.
Within the code (pages 15 and 16), Special Educational Need (SEN) is defined as the following:
A child or young person has SEN if they have a learning difficulty or disability which calls for special educational provision to be made for him or her.
A child of compulsory school age or a young person has a learning difficulty or disability if he or she:
- has a significantly greater difficulty in learning than the majority of others of the same age, or
- has a disability which prevents or hinders him or her from making use of facilities of a kind generally provided for others of the same age in mainstream schools or mainstream post-16 institutions
The code later highlights 4 broad areas to provide an overview of the range of needs that settings and schools should be planning for:
- communication and interaction
- cognition and learning
- social and emotional mental health needs
- sensory and/or physical needs
You can read more about these 4 broad areas of need and suggestions on our areas of needs page.
Why is the SEND Code of Practice important?
The education of every child is important and should never be overlooked.
Regardless of different social, physical, or mental difficulties, each child should receive the same quality of education and support.
This enables children and young people to feel secure in a learning environment and increases their engagement in a setting. Children need to feel supported through their early years learning and beyond as this sets the basis for their future.
It is important children with SEND are given the same consideration as other children and have access to the same opportunities.
In early years, it is the responsibility of nursery practitioners to ensure these needs are being met so that children have the best possible chance of progressing.
The statutory nature of the SEND code of practice ensures each organisation is aware of their legal responsibilities and can be held accountable if policies are not being followed.
How do early years and childcare providers use the SEND Code of Practice?
As an early years and childcare provider you must have regard for the code of practice and ensure you also comply with the:
- Equality Act 2010
- Early Years Foundation Stage Statutory Framework (2024)
- Working Together to Safeguard Children (2023)
To help ensure that you implement the Code of Practice fully you should:
- provide robust arrangements to clearly identify and support children with SEN and disabilities
- allocate time for the SENCO/manager to plan effective SEND provision
- train staff (and volunteers) on the SEND framework and subsequent duties
- place children and parents at the centre of any SEND provision and decision making
- inform parents of children with SEND of the legal framework and associated local services and processes, for example, Education, Health and Care (EHC) needs assessment and plans
- signpost families to local mediation services and impartial sources of support such as Information, Advice and Support Services
- apply a graduated approach of SEN support for identifying and meeting children’s additional needs and ensure that all approaches and interventions used in the settings are evidence based and focus on outcomes for children rather than processes
- bring children identified with SEN to the attention of the local authority