Children with special educational needs and disabilities (SEND)

The definition of special educational need and disabilities (SEND)

The government’s SEND Code of Practice considers a child to have a special educational need or disability if they have: 

• a significantly greater difficulty in learning than most others of the same age 

• a disability that prevents, or hinders, them from making use of educational facilities that are generally provided for others of the same age in mainstream schools or mainstream post-16 institutions

Types of special educational needs

Special educational needs fall into 4 main categories:

• communication and interaction (for example, autism)
• cognition and learning (for example, dyslexia and dyspraxia)
• social, emotional and mental health (for example, ADHD, depression and anxiety)
• sensory and/or physical needs (for example, visual or hearing impairment, cerebral palsy, muscular dystrophy and others)

Identifying special education needs

If your child has not been diagnosed as having a special need (SEN), the school can often identify special educational needs through assessments and classroom practice. The school should then talk to you and let you know what action they are considering. For children who have been identified as having SEN, they may be supported through an education, health and care plan (EHCP).

But if you have concerns or you feel things aren’t progressing as they should, you can also ask to speak to the school’s Special Educational Needs Co-ordinator (SENCo). They are responsible for the day-to-day operation of the school’s SEN policy.

You don’t need a medical diagnosis to ask for support from the SENCo but you might wish to seek a formal diagnosis later. Speak to your GP if you want support to do this.

The rights of children with SEND

The government’s SEND Code of Practice sets out guidelines for schools and educational settings to follow to make sure children with SEND get the best outcomes from education.

The code states that:

• children should have their needs registered on a SEND register
• children with SEND should be taught alongside their peers
• schools should have a SEND lead (usually a SENCo) as well as a responsible governor
• staff should be trained to recognise, and support, SEND to achieve the best outcomes for children

Reasonable adjustments in school

Reasonable adjustments are positive steps or interventions which the school can put into place to help your child.

Schools have a duty to make reasonable adjustments so children with special educational needs can access education and other facilities or services at school.

Reasonable adjustments could include:

• developing strategies with the child to enable them to self-calm (for example, meditation)
• using speech to text technology to support writing – this could be an iPad or other tablet, microphone or a dyslexia-friendly dictionary
• routines or rewards used at home that could be effective in school

Share with the school what reasonable adjustments you think will help, and what works at home. Ask them how the adjustments are working out at school. If you have concerns about the adjustments the school is or isn’t making, you should speak to the school’s SENCo or contact the virtual school.

To find your virtual school, use our Kinship Compass and type in your postcode. If your child has a personal education plan (PEP), you should find your virtual school details in the plan.

Individual learning plans (ILP)

A school may create an individual learning plan (ILP). These are sometimes called personalised learning plans or individual education plans.

The plan will detail the reasonable adjustments put in place for your child to enable them to access the curriculum. This plan should describe the special educational needs of your child and explain how this impacts their education. It should then detail the support your child will get in accessing the school’s facilities and services.

As a kinship carer, you can review the plan to make sure it meets the needs of your child as much as possible.

Education, health and care (EHC) plans

If your child’s needs are very complex, the school may not be able to fully address them. In this case, your child may be eligible for an education, health and care plan (called an EHC plan or EHCP). Talk to your school’s SENCo about whether your child needs to apply for an EHC plan.

An EHC plan identifies educational, health and social needs and sets out the additional support needed to meet those needs.

Either you or the school can request an EHC plan assessment from your local authority to begin the process. An EHC plan may include financial help to pay for any adjustments or extra support your child needs at school.

Your local authority’s local offer should explain the services available for children with special educational needs. Search your local authority’s website for ‘local offer’.

The EHC plan assessment process

To decide whether a child meets the criteria for an EHC plan, a local authority will look at what the school has already done as part of its SEND support. They will then decide whether an EHC assessment is needed.

If they decide to carry out an assessment you may be asked for information from your child’s school, nursery or childminder. They will also ask for any information you can provide about your child’s needs.

If the local authority refuses your application, you have the right to appeal.

Creating an EHC plan

Your local authority will create a draft EHC plan and send you a copy.

You have at least 15 days to comment, including if you want to ask that your child goes to a specialist needs school or specialist college.

Your local authority has 20 weeks from the date they receive the request for the assessment to give you the final EHC plan.

Getting involved in your child’s support

The school should always involve you in planning support and reviewing your child’s progress. The SEND Code of Practice says that schools should meet with parents or carers at least 3 times a year.

These meetings should be longer and more detailed than most parent-teacher meetings. A record of the meeting and the agreed actions should be kept by you and the school. Support needed, and any targets set, should be shared with appropriate members of staff.

Outcomes for your child should be regularly set and reviewed, as should progress towards these outcomes. When the school reviews your child’s progress, make sure that your views and the views of the child are taken into account.