This section outlines the law, the regulations and the statutory guidance relating to young disabled children, young children with SEN and young children with medical conditions in early years settings.
Those who are responsible for the early years provision: proprietors, management groups, governing bodies, need to ensure that staff are aware of and understand these and abide by them.
Equality of opportunity and anti-discriminatory practices, ensuring that every child is included and supported
- Statutory Framework for Early Years Foundation Stage (2017)
EYFS statutory guidance provides a framework of the learning and development requirements and the safeguarding and welfare requirements for early year settings. These requirements have their legal basis in section 39 of the Childcare Act (2006) and apply to all early years providers.
The Children and Families Act 2014 obtained royal assent and became law on 13 March 2014. This act is designed to fully reform services for vulnerable children, by giving them greater protection, paying special attention to those with additional needs, and also helping parents and the family as a whole.
The Children and Families Act - Part 3 (2014) defines a child and young person with a special educational need as:
1. A child or young person has special education needs if he or she has a learning difficulty or disability which calls for special educational provision to be made for him or her.
2. A child of compulsory school age or a young person has a learning difficulty or disability if he or she-
3. A child under compulsory school age has a learning difficulty or disability if he or she is likely to be within subsection (2) when of compulsory school age (or would be likely, if no special educational provision were made).
4. A child or young person does not have a learning difficulty or disability solely because the language (or form of language) in which he or she is or will be taught is different from a language (or form of language) which is or has been spoken at home.
Early years settings must have regard to the The Children and Families Act as it:
The Equality Act provides a legal framework to protect the rights of individuals and advance equality of opportunity for all.
The Equality Act (2010)defines a person with a disability as:
Early years settings must promote equality of opportunity and must not discriminate against, harass or victimise disabled children. Settings must not discriminate:
This is statutory guidance for organisations who work with and support children and young people with special educational needs and disabilities.
Early years settings must follow this guidance as The Code of Practice requires:
The leaders of early years settings, schools and colleges should establish and maintain a culture of high expectations that expects those working with children and young people with SEN or disabilities to include them in all the opportunities available to other children and young people so they can achieve well.
- Special Educational Needs and Disability Code of Practice: 0-25 years (2015)