What are special educational needs'
What is the law?
How do I know whether my child has special educational needs'
What do I do if my child has special educational needs'
What are the steps in the SEN process'
What do I do if I disagree with any decisions made?
How long does it take before a statement of SEN is made?
Mainstream vs. special schools
Glossary of terms
Further information and links
Charities
'special Educational Needs' (SEN) is a legally defined term. Children with special educational needs have learning difficulties and/or disabilities that make it harder for them to learn than most other children of the same age. In 2003 there were approximately 250,500 pupils in English schools with statements of special educational needs.
The current Special Educational Needs Code Of Practice came into effect on 1 January 2002 and all Local Education Authorities (LEAs), schools and early education settings must have regard to it. The Code of Practice basically sets out the rights of children with special educational needs to have these needs met within their school or early educational setting (eg nursery). Such children should still be offered a well-balanced and relevant education and it may be that extra help is required to ensure this happens.
At first the Disability Discrimination Act did not apply to educational settings. However, since September 2002, schools have had to take account of disabled pupils as well as those with other learning difficulties. Now, all reasonable steps must be taken by a school to ensure that disabled pupils have the same opportunities as non-disabled pupils in relation to their access to education.
It's not just the education provider that must take account of the code - health and social services must also consider the code when working with your LEA to provide for your child's special educational needs.
Just remember: there is a legal framework for your concerns and there is a wealth of information to help you understand the process, so don't give up trying to achieve the best for your child.
If you are worried about your child with regard to his/her ability to learn, then your first approach should be to your child's teacher or the school SENCO (Special Educational Needs Co-ordinator). You can also consult any other professional (eg doctor, health visitor) who is working with your child or your local Parent Partnership Service. It is always better to try and identify special educational needs as early as possible and you do not have to wait until your child starts infant school. For instance, you may wish to consult those looking after your child at nursery if you have any worries.
The teachers and professionals you approach are usually experienced in dealing with children of all abilities and will be able to discuss your concerns in this context. Remember that, just because your child is making slower progress than you expect, it doesn't necessarily mean that he/she has actual special educational needs. Children develop at different rates and in different ways and teachers organise their lessons to account for this. This is called 'differentiating the curriculum?.
However, some children will have actual special educational needs and will have at least one difficulty that makes it harder for them to learn than their peer group. Such difficulties might include:
- Behavioural issues
- Physical needs or physical disability
- Sensory needs or sensory disability
- Difficulty expressing themselves
- Problems with school work such as reading, writing and/or number skills
- Problems understanding information
- Being unable to organise themselves
- Difficulty relating to others and making friends
Once your child has been recognised as having special educational needs, your school or SENCO should be able to explain what the next steps are, with particular regard to the SEN Code of Practice.
This code gives guidance to schools as to how they can help children with special educational needs and how this help should be given in a step-by-step or 'graduated approach'. You also have the right to see your school's own SEN policy, which might give you a better insight into what lies ahead.
Bear in mind that your child may require help for just a short time, for only a particular area of his/her education or, indeed, for his/her entire period of education every case will be different and the help your child receives will depend on his/her needs.
The one thing that you can be sure of is that the school must tell you once they start giving extra or different help to your child. You (and your child, if appropriate) should also be consulted each time the level or type of help changes.
In addition, from the outset you should be given details of your local Parent Partnership Service - a free service that must be offered by every LEA. The Parent Partnership Service provides a wealth of excellent information booklets and resources (including volunteer supporters) to parents concerned about special educational needs.
There are several stages within the graduated approach to special educational needs provision and your school should be able to discuss these steps with you in detail. Briefly, these stages might range from providing extra or different help within a school to requiring specialist expertise from outside.
You may experience one or more of the stages listed below and at all levels you should be kept informed, on an on-going basis, of the help your child is receiving. Don't forget to contact your Parent Partnership Service at any point if you require help or advice or if you want a volunteer to accompany you to any of the many meetings you may have to attend.
1. School Action (called Early Years Action in pre-school settings)
Once the teacher starts giving extra help to your child because of special educational needs, this is called School Action. The help within School Action might include a different way of teaching to suit your child or use of available special equipment. Such strategies might (but not always) be set out in an Individual Education Plan (IEP).
2. Individual Education Plan (IEP)
An IEP is a document that sets out, in writing, the needs of your child and how they are being addressed within the school. The IEP should be reviewed at least twice a year and you can ask the teacher to discuss its contents so that you are clear about what help is being provided.
3. School Action Plus (called Early Years Action Plus in pre-school settings)
School Action Plus is the next step and will be recommended by the school if your child has not been making enough progress under School Action. At this point support or advice may be needed from professionals outside the school in order to provide the best approach for your child.
If the school is unable to provide all the help required through School Action or School Action Plus, the parent or (more usually) the school, can ask the LEA to carry out a statutory assessment for your child. This assessment is designed to find out exactly what sort of special help your child needs and whether a statement of special educational needs is to be made. Within 6 weeks of the request your LEA should inform you as to whether or not they are going to carry out the assessment.
1. If the LEA decides not to assess, then it must tell you and the school the reason why. If you do not agree with the LEA's decision then you should first speak to your school, which may be able to offer different help and suggest alternative arrangements.
However, (within a set time limit) you can also appeal against the decision to the Special Educational Needs and Disability Tribunal or request a mediation meeting to discuss the situation. The mediation service offered by your LEA is independent and free to you and it can sometimes be a better way of reaching a settlement than going through a lengthy tribunal process.
2. If the LEA decides to carry out an assessment, it means it will undertake a detailed examination of your child's needs. This will involve getting the views of you, your child, the school, teachers, educational psychologist and any other professional who may be able to provide relevant information. You can also suggest people or organisations you think might be able to help and the LEA can then ask for their views on your child. You will be allocated a 'Named Officer' at the LEA and this person will help to explain all stages and timings regarding the assessment. You should provide any information requested of you before the deadlines you are given because, otherwise, this could jeopardise your chance of appeal if it becomes necessary. In the same way, the LEA should carry out all its responsibilities within the set time scales.
3. Note in Lieu
Once a statutory assessment has been carried out, the LEA may decide not to issue a statement for your child. In this case the LEA should send you a 'note in lieu of a statement', explaining the reason for the decision and providing you with all the information they have gathered during the course of their investigation. Again, if you disagree you should talk to the school and might wish to consider disagreement resolution or an appeal to the Special Educational Needs and Disability Tribunal.
4. Statement
Having carried out the assessment, the LEA may decide to make a statement of special educational needs for your child which sets out short-term and long-term goals and how they are going to be achieved via a package of extra help. It will also include a section on which school is best suited to providing this extra help and you have a right to state your preferred choice of school for consideration. The statement, which is set out in six parts, will be extremely detailed and you will be sent a draft of it for your comments before the final version is agreed. Once again, you have the right to appeal to the Special Educational Needs and Disability Tribunal or participate in less formal mediation. Once the final statement has been issued, the school might choose to draft a new Individual Education Plan to highlight specific goals and strategies.
5. Annual Review
The annual review is not the final stage of the special educational needs process, but more of an on-going stage. Your child's statement should be reviewed at least once a year to make sure your child's needs are being met and that progress is being made. Part of the review will involve a review meeting and you should certainly be present at this meeting. You will be asked your views on how you think the statement is working for your child and it is very important that you make these views known.
If you disagree with the LEA's decision regarding carrying out a statutory assessment or making a statement of special educational needs or if you disagree with the contents of the assessment or statement, there are many courses you can take to resolve the situation.
- speak to the school to enlist its support and get advice the head or SENCO may be able to explain the reasons for the LEA's decision and this might help
- contact your named officer at the LEA who will be able to discuss your concerns
- ask your Parent Partnership Service for advice
- request mediation to try and resolve the issues
- appeal to the Special Educational Needs and Disability Tribunal
All LEAs must offer an independent mediation service with the aim of resolving SEN issues between themselves and parents. The mediation service is funded by the Department for Education and Skills, is free to you and is completely neutral. Mediation is voluntary so both you and your LEA have to agree to take part before a meeting can be arranged. At the mediation meeting a qualified mediator will make sure that everyone has a chance to voice their views and discuss ways in which a settlement can be reached. You can request mediation even if you have already registered an appeal with the Special Educational Needs and Disability Tribunal and participating in mediation does not prevent you from continuing with the appeal process.
- Special Educational Needs and Disability Tribunal (SENDIST)
The Special Educational Needs and Disability Tribunal is an independent authority that will rule on disputes between parents and LEAs regarding statutory assessments and statements of special educational needs. Both parties have to abide by the decision of the Tribunal. You can get a copy of the SENDIST publication 'special Educational Needs: How to Appeal? from:
SENDIST
SEN Appeals
Mowden Hall
Staindrop Road
Darlington, DL3 9BG
(Tel: 01325 392 555)
- Parent Partnership Service
Your LEA will be able to give you details of your Parent Partnership Service, which can give you advice on all areas of special educational needs, including the law and your rights. The Parent Partnership Service can tell you all you need to know about assessments and statements, mediation, tribunals and the responsibilities of the authorities involved in your child's education etc.
The service can also put you in touch with local or national charities and organisations that might be able to help with your child's specific needs. One important element of the service is that it can provide you with an Independent Parental Supporter a volunteer who will be happy to help you gather information, write letters, visit schools, attend meetings and guide you throughout the special needs process. You might need their advice but you might also simply need their moral support.
- Can a school refuse to admit my child if they have Special Educational Needs'
No a school is not allowed to refuse admission to your child simply on the basis that it can not cater for your child's special educational needs. Children might be refused admission to a school for any number of reasons but those with special educational needs (or those undergoing assessment) must be treated in the same way as any other applicants by the admissions authority concerned.
You will be informed of the timescales by your named officer, but these are some of the key deadlines to bear in mind:
Week 0
Request for a statutory assessment is made to the LEA.
Week 6
The LEA should let you and the school know if it is going to carry out the assessment.
Week 16
If an assessment has been carried out, by week 16 the LEA will decide whether to write a statement or a note in lieu.
Week 18
A draft statement or a note in lieu is issued.
Week 26
The final statement is issued.
The SEN Code of Practice gives children with SEN a stronger right to be educated at a mainstream school and over three-quarters of children issued with statements for the first time are placed in mainstream schools. But is mainstream education ALWAYS best?
In some cases, a special school ' ie one that is designed to educate and help children with specific special needs ' may be the best choice. You might actually want your child to be educated with other children who have the same needs and not in a mainstream school in which he/she may feel 'different? to everyone else. However, many special schools are being closed down, in keeping with the current trend towards 'inclusive education', and you may find that your special school options are extremely limited.
On the other hand, you may decide that mainstream education is best for your child and you should find that there is strong support for this approach from your Local Education Authority. Schools are not allowed to refuse admission to a child simply because they don't feel able to deal with his/her special needs. If you are having difficulty in this area, you might find it useful to contact The Alliance for Inclusive Education on 020 7735 5277 or at www.allfie.org.uk
Whatever your views, your LEA can send you details of all state mainstream schools, special schools, non-maintained special schools and independent schools in your area that are suitable for children with special educational needs. Technically, if your child is having a statement drafted, the LEA has to agree with your preference as to which school your child should attend. However, there are caveats - including one that states that the choice should be an ?efficient use of the LEA's resources' so it may not be as straightforward as it seems.
Who are all these people and what are they all talking about?
You might hear and see a lot of words, abbreviations and descriptions that are new to you in the course of making arrangements for your child's special educational needs. Here are a few of the most common ones to help you make your way through all the information you might need to absorb.
Annual Review
This is the review of your child's statement of educational needs and an LEA must undertake this review within 12 months from the date that the statement has been made. Reviews will take place every year that a statement is in place.
Ed Psych
Educational Psychologist. This is a psychologist specifically trained to work in the education field. The educational psychologist works for the LEA and may be called upon to assess your child and make recommendations as to how he/she can be best helped at school.
IEP
Individual Education Plan - This is a plan that is proposed by a school, in consultation with the parent, to set targets and decide how best to support a child with SEN. The IEP should be regularly reviewed.
IPS
Independent Parental Supporter. This is a volunteer you can contact via the Parent Partnership Service to support you regarding any issues to do with your child's special educational needs.
LEA
Local Education Authority. This is the local government authority that provides education in your area.
LSA
Learning Support Assistant. This is the person (not a teacher) who gives extra help to your child at school.
Named Officer
This is the person at the LEA who co-ordinates your child's statutory assessment and is your point of contact.
Note In Lieu
An LEA may issue a Note in Lieu when it has undertaken a statutory assessment and decided not to make a statement of special educational needs for your child. The note will reiterate your child's needs and suggest how these can be met by the school and without the need for additional help.
PPS
Parent Partnership Service. This is a free service that provides information and support to parents concerning the special educational needs process.
School Action (called Early Years Action in pre-school settings)
Once your child has been identified by the school as having special educational needs certain courses of action will be proposed to support him/her and this first stage is called School Action. The targets and methods of support will often be set out in an IEP.
School Action Plus (called Early Years Action Plus in pre-school settings)
This is the next step up from School Action and indicates that support or advice is needed from professionals outside the school (in addition to the strategies normally provided by School Action).
SEN
Special Educational Needs.
SENCO
Special Educational Needs Co-ordinator. This person co-ordinates the special educational needs provision within a school and will be closely involved with all children who have SEN. The SENCO is not necessarily a full-time role and he/she may also have other teaching responsibilities in addition to that of special needs.
SEN Code of Practice
The Code of Practice sets out the rights of children with special educational needs to have these needs met within their school and the Code must be taken into account by LEAs when deciding on the provision that is to be made for a child.
Special Educational Needs and Disability Tribunal (SENDIST)
SENDIST is an independent authority that rules on disputes between parents and LEAs regarding statutory assessments and statements of special educational needs. The tribunal also rules on claims of disability discrimination in schools.
Statement of Special Educational Needs
This is the document that sets out your child's needs and the provision that must be made to support him/her. Your LEA will draw up this document after carrying out a statutory assessment but only if it feels it is necessary.
Statutory Assessment
This is a very detailed investigation into the needs of your child and will typically draw on information provided by you, the school and outside experts such as an educational psychologist, speech therapist etc. Not every statutory assessment leads to a statement of SEN.
There is LOTS of information for parents and carers who think that their children may have special educational needs.
Once you have spoken to your child's school (which should be able to give you contact details for many of the organisations who can help) contact your Local Education Authority and ask for the telephone number of the Parent Partnership Service.
Also try the Department for Education & Skills:
You can get a copy of the full 'sEN Code of Practice?, or a free copy of the more user-friendly 'sEN ' A guide for parents and carers' from:
DfES Publications
PO Box 5050
Sherwood Park
Annesley
Nottinghamshire, NG15 0DJ
Tel 0845 60 222 60
Fax 0845 60 333 60
There is also a lot of useful information on the department's web site, www.dfes.gov.uk ? simply type 'special needs' into the search box and you will find a comprehensive menu to help answer all your questions.
Other General Sources of Information Include:
- Advisory Centre for Education (ACE) can give free advice on its information line - 0808 800 5793
- Centre for Studies on Inclusive Education (CSIE) 0117 328 4007 or at www.inclusion.org.uk
- Disability Rights Commission Helpline - 08475 622 633 or at www.drc-gb.org
- Disability Equality in Education 020 7359 2855 or at www.diseed.org.uk
- Parents For Inclusion 020 7735 7735 or at www.parentsforinclusion.org
- SENDIST - 020 7925 6925 or at www.sendist.gov.uk
- The Alliance for Inclusive Education on 020 7735 5277 or at www.allfie.org.uk
Charities
There are many charities and voluntary organisations that can also be of help. Try contacting a charity specific to your child's needs they may well have experience in helping children in an education setting. Following are some charities dealing with well-documented special needs that may affect your child:
- ADHD National Alliance 0808 808 3555 or at www.cafamily.org.uk
- British Dyslexia Association 0118 966 8271 or at www.bda-dyslexia.org.uk
- Challenging Behaviour Foundation 01634 302207 or at www.thecbf.org.uk
- Down's Syndrome Association 0845 230 0372 or at www.downs-syndrome.org.uk
- Hyperactive Children's Support Group 01243 551313 or at www.hacsg.org.uk
If you would like to share your experiences to help other families, please email sue@pleasemiss.co.uk.
Early Learning Sheets
