Further down the page we outline the main changes that are happening because of the government's policy of increasing options and improving provision for children with special educational needs (SEN)

Changes to the law on special educational needs and disability

The law on special educational needs and disability (SEND) changed on 1 September 2014.  A new SEND Code of Practice has been published.

Why the law changed

The law changed to improve the support and opportunities for children and young people with SEND, and it affects how schools assess, plan and provide for those children and young people.

How the law changed

Briefly, the new law on SEN and disability:

• applies to children and young people aged from birth to 25 (for those still in education)
• applies to disabled children and young people as well as those with SEN
• involves children and young people, their parents and carers in decision-making at all levels
• encourages high aspirations and achievement for children and young people
• increases the co-operation between education, health and care services, who will plan and buy services together
• sets out the need for a Local Offer of support for children and young people with SEND
• sets out a step-by-step approach to identifying and supporting pupils and students with SEND, which replaces School Action and School Action Plus
• introduces a new, co-ordinated assessment for children and young people with more complex needs
• introduces the new 0 to 25 education, health and care (EHC) plan to replace statements and learning difficulty assessments
• supports those with SEND to succeed in their education and to become an adult.

More information on the changes to the law on SEND

• Children and Families Act 2014
• Gov.uk: Code of practice on special education needs and disabilities

What do schools need to do?

Schools will need to review and update their existing policies and procedures in relation to SEN.

Accessibility Plan

Schools need to ensure that they have an accessibility plan and review it in light of the changes to the SEN system. The plan can be a freestanding document, or it can be incorporated within another plan, such as an equality plan.

A school's accessibility plan should be reviewed at least every three years.

The governing body is free to delegate approval of the plan to a committee of the governing body, an individual governor or the head teacher. The requirement for an accessibility plan is driven by the Equality Act 2010 and the Disability Discrimination Regulations 2005 (Prescribed Times and Periods for Accessibility Strategies and Plans for Schools) (England).

Equality Information and Objectives Statement

The equality information and objectives statement should be reviewed at least every four years. The governing body is free to delegate approval of the statement to a committee of the governing body, an individual governor or the head teacher. During the review process equality objectives should be drawn up. Schools are then required to publish information annually demonstrating how they are meeting the aims of the general public sector equality duty.

The requirement for an equality information and objectives statement is driven by the Equality Act 2010 and the Equality Act 2010 (Specific Duties) Regulations 2011.

The Department for Education (DfE) has specifically produced advice for schools on the Equality Act 2010.

The Equality and Human Rights Commission's mandate is to challenge discrimination, and to protect and promote human rights. They have produced guidance for schools and further education providers.