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Last Updated - August 20, 2023

Legal Duties for SEND

The SEND Code of Practice 2015 is a statutory document and is very clear in setting out the responsibilities of educational settings in identifying and meeting the needs of all children and young people.

The Children and Families Act 2014, The Equality Act 2010 and the SEND regulations 2014 underpin the principles within The Code of Practice 2015.

These key principles are:

  • Having regard for the views, wishes and feelings of the children and young people and their parent and carers.
  • Children and young people and parent carers participate in partnership as fully as possible in decision making and are supported to participate
  • early identification of children and young peoples’ needs and intervention to support them
  • Greater choice over and control for children and young people and parent carers over support
  • Collaboration between education, health and social care services
  • High quality provision to meet the needs of children and young people and a focus on inclusive practice and removing barriers to learning
  • Successful preparation for adulthood, including independent living and employment.

Every school is required to not only identify the SEN of the children and young people, but also address it. Section 6 of the Code of Practice (2015) clearly sets out the statutory duties of mainstream schools (including, maintained schools and academies that are not special schools, maintained nursery schools, 16-19 years academies, alternative provision academies and Pupil Referral Units). You can find how your child or young person’s school supports SEND by viewing the SEN Information Report on the school’s website.

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