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Special Educational Needs and/or disability
The SEND Code of Practice 2015 (6.1) says:
….all children and young people are entitled to an appropriate education, one that is appropriate to their needs, promotes high standards and the fulfilment of potential. This should enable them to:
• achieve their best;
• become confident individuals living fulfilling lives; and
• make a successful transition into adulthood, whether into employment, further or higher education or training
This applies to ALL children and young people, including those with Special Educational Needs (SEN).
How the law describes SEN.
A child or young person has SEN if they have a learning difficulty or disability which calls for special educational provision (“SEP”) to be made for him or her. A child of compulsory school age or a young person has a learning difficulty or disability if he or she:
- has a significantly greater difficulty in learning than the majority of others of the same age, or
- has a disability which prevents or hinders him or her from making use of facilities of a kind generally provided for others of the same age in mainstream schools or mainstream post-16 institutions.
For children aged two or more, special educational provision is educational or training provision that is additional to or different from that made generally for other children or young people of the same age by mainstream schools, maintained nursery schools, mainstream post-16 institutions, or by relevant early years providers.
For a child under two years of age, special educational provision means educational provision of any kind.
A child under compulsory school age has special educational needs if he or she is likely to fall within the definition above when they reach compulsory school age or would do so if special educational provision was not made for them.
How the law describes Disability
Some medical and learning needs will be considered a disability under the Equality Act 2010 and will therefore meet the definition of SEN. In the Act, a person is classed as disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities.
- Physical impairment includes, but is not limited to: sensory difficulties such as visual or hearing impairments
- Mental impairment includes, but is not limited to: learning difficulties, autism, dyslexia, speech and language difficulties,and attention deficit hyperactivity disorder (ADHD).
Normal day-to-day means things that people do on a regular basis, for example, mobility, dressing, or cleaning (physical coordination), and having a conversation.
Long-term usually means the impairment should have lasted or be expected to last at least a year.
Substantial means not minor or trivial.
Detailed Information and Guidance
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