Special educational needs (SEN), also known as special educational needs and disabilities (SEND) in the United Kingdom refers to the education of children who require different education provision to the mainstream system.
Meaning
The meaning of SEN is set out in the Education Act 1996 and was amended in the Special Educational Needs and Disability Bill of 2001. Currently, a child or young person is considered to have SEN if they have a disability or learning difficulty that means they need special educational provision. Special educational provision means that the child needs support that would not generally be provided to a child of the same age in a mainstream school.
Some examples of SEN include:
* A condition which affects behaviour or social skills, such as
ADHD
Attention deficit hyperactivity disorder (ADHD) is a neurodevelopmental disorder characterised by symptoms of inattention, hyperactivity, impulsivity, and emotional dysregulation that are excessive and pervasive, impairing in multiple ...
or
autism
Autism, also known as autism spectrum disorder (ASD), is a neurodevelopmental disorder characterized by differences or difficulties in social communication and interaction, a preference for predictability and routine, sensory processing d ...
* A condition that affects the ability to read and write, such as
dyslexia
Dyslexia (), previously known as word blindness, is a learning disability that affects either reading or writing. Different people are affected to different degrees. Problems may include difficulties in spelling words, reading quickly, wri ...
learning disability
Learning disability, learning disorder, or learning difficulty (British English) is a condition in the brain that causes difficulties comprehending or processing information and can be caused by several different factors. Given the "difficulty ...
* A physical impairment, including a
visual impairment
Visual or vision impairment (VI or VIP) is the partial or total inability of visual perception. In the absence of treatment such as corrective eyewear, assistive devices, and medical treatment, visual impairment may cause the individual difficul ...
,
hearing impairment
Hearing loss is a partial or total inability to Hearing, hear. Hearing loss may be present at birth or acquired at any time afterwards. Hearing loss may occur in one or both ears. In children, hearing problems can affect the ability to Lang ...
, a chronic health condition or poor mobility.
Support available
There are numerous types of support available depending on the child or young person's disability.
Some support offered includes:
* Following a different learning programme from the rest of the class
* Extra help from a teaching assistant or the class teacher
* Extra supervision in the classroom or at break time
* Working in a smaller group
* Support to communicate with other pupils
* Help with personal care (such as eating or using the toilet)
* Encouragement to complete tasks the pupil struggles with
Public examinations
Some support available for children with SEN include:
* Extra time to complete examinations
* Rest breaks
*
Alternative formats
Alternative formats include Sound recording and reproduction, audio, braille, E-text, electronic or large print versions of standard print such as educational material, textbooks, information leaflets, and even people's personal bills and letters ...
for exam papers
* Use of a reader
* Use of a scribe
* Use of a live speaker for exams that include audio recordings
* Use of a prompter
* Use of a communication professional (a person who can translate questions into
British Sign Language
British Sign Language (BSL) is a sign language used in the United Kingdom and is the first or preferred language among the Deafness in the United Kingdom, deaf community in the UK. While private correspondence from William Stokoe hinted at a f ...
or
International Sign Language
International Sign (IS) is a pidgin sign language which is used in a variety of different contexts, particularly as an international auxiliary language at meetings such as the World Federation of the Deaf (WFD) congress, in some European Union se ...
)
* Use of a practical assistant
* Use of a word processor
* Completing examinations in a separate room or venue from other candidates at the school
* Exemption from certain parts of qualifications.
SEN legal regulations
The SEN systems vary in each nation of the United Kingdom.
England
The current regulations for SEN are set out in the Children and Families Act 2014. Different levels of support are given to children depending on how much support is required. Most children with SEN are given school-level support, known as SEN support. An Education, Health and Care Plan (EHCP) is given to children and young people who are considered to have complex needs. They can be used for children and young people aged 2–25. Children and young people with an EHCP are entitled to a
personal budget
A personal budget (for an individual) or household budget (for a group sharing a household) is a plan for the coordination of income and Expense, expenses.
Purpose
Personal budgets are usually created to help an individual or a household of peo ...
. Every school must have a Special Educational Needs Co-Ordinator (SENCO), who is responsible for overseeing the support of pupils with SEN. Children with SEN in the UK can attend mainstream or special schools, but legally, local authorities are obliged to educate children in mainstream schools where possible. If a family feels that their child is not receiving sufficient support, they may take their local authority to the Special Educational Needs and Disability Tribunal to appeal any decisions the local authority has made on a child's support.
Local offer
A Local Offer (or LO) is a statement detailing the pattern of support which a
local authority
Local government is a generic term for the lowest tiers of governance or public administration within a particular sovereign state.
Local governments typically constitute a subdivision of a higher-level political or administrative unit, such a ...
expects to be available for children and young people with special educational needs (SEN) and/or disabilities within their area. It must include information about education, health and care provision. It should also tell families about training, employment and independent living options available for young people with special educational needs and/or disabilities. In accordance with the SEND Code of Practice, every local authority must publish a Local Offer. The Local Offer or LO should
*provide clear, comprehensive, accessible and up-to-date information about the available provision and how to access it,
*make provision more responsive to local needs and aspirations by directly involving disabled children and those with SEN and their parents, and disabled young people and those with SEN, and service providers in its development and review.
Scotland
In Scotland, the term additional support needs is used instead of SEN. As well as children with disabilities, this also encompasses children who may need support for reasons other than disability, such as children who are being bullied or who are in foster care.
The
Education (Additional Support for Learning) (Scotland) Act 2004
The Education (Additional Support for Learning) (Scotland) Act 2004 is an Act of the Scottish Parliament that received Royal Assent in 2004. It seeks to redefine the law relating to the provision of special education to children with additional n ...
redefined the
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
relating to the provision of special education to children with additional needs by establishing a framework for the policies of
inclusion
Inclusion or Include may refer to:
Sociology
* Social inclusion, action taken to support people of different backgrounds sharing life together.
** Inclusion (disability rights), promotion of people with disabilities sharing various aspects of lif ...
and generally practicing the "presumption of mainstreaming" in
education
Education is the transmission of knowledge and skills and the development of character traits. Formal education occurs within a structured institutional framework, such as public schools, following a curriculum. Non-formal education als ...
. Children with complex needs who require support from external organisations are given a co-ordinated support plan. Families who are not satisfied with the support given are entitled to take the education authority Additional Support Needs for Scotland Tribunal.
Northern Ireland
Regulations for SEN in Northern Ireland are currently governed by the Special Educational Needs and Disability Act (Northern Ireland) 2016. In Northern Ireland, there are five stages of SEN support. Stages 1 to 3 are known as school-based stages. Stage 1 is when concerns are first raised about a child having SEN, and support is given within the classroom, such as differentiated work or different teaching strategies. If the child's difficulties improve at this stage, the child is no longer classed as having SEN. However, if they do not improve, the child will be moved to stage 2. At stage 2, advice from the child's GP or the school doctor is sought and an education plan is drawn up by the SENCO, which describes the difficulties the child has and the support they need. If the child does not make good progress at stage 2, they move on to stage 3. At stage 3, external specialists, such as educational psychologists are involved in the child's support. If a child does not make progress while on stage 3, they are referred to stage 4. Stage 4 is also known as Statutory Assessment. Children who have very significant disabilities are referred straight to Statutory Assessment without having to go through the school-based stages. Stage 5 is when a SEN statement is issued. The SEN statement sets out the child's difficulties and the support they require, as well as which school the child should attend (this can be a mainstream or special school).
History
Local authorities became responsible for the education of Deaf children and blind children in 1893. The education of children with disabilities became mandatory in the Education Act 1918. The prevailing attitude at the time was that disabled children should be sent to residential schools rather than attending mainstream schools. The
Education Act 1944
The Education Act 1944 ( 7 & 8 Geo. 6. c. 31) made major changes in the provision and governance of secondary schools in England and Wales. It is also known as the Butler Act after the President of the Board of Education, R. A. Butler. Histori ...
created provision for children with disabilities to receive "special educational treatment" in special schools. Children were required to have a medical assessment to be eligible for this. Some children were classified as uneducable, and were not required to attend school. The 1970 Education (Handicapped Children) Act removed uneducable category, which allowed all disabled children to receive an education. SEN statements were introduced in 1978 and parents of children with disabilities were given the right to appeal decisions made by local authorities about decisions on their child's education The 1981 Education Act stated that children should be taught in mainstream schools whenever possible. The role of the Special Needs Coordinator emerged in 1982 to audit mainstream special provision, raise the expectations of fellow teachers and advocate for disabled people even during educational cutbacks. The 1993 Education Act made SENCOs mandatory for all schools and set out guidelines for identifying pupils with SEN and assessing their needs. The 2001 Special Educational Needs and Disability Act outlawed discrimination against disabled pupils in schools, colleges and other education settings. It also introduced the Special Educational Needs and Disability Tribunal.
Prior to the Children and Families Act 2014, there were three levels of support in England and Wales:
* school action- for pupils with relatively low-level needs who can be supported with additional support provided within school, such as the use of specialist teaching materials in lessons.
* school action plus- for pupils who need additional support from an external support service. For example, a speech and language therapist or an
educational psychologist
An educational psychologist is a psychologist whose differentiating functions may include diagnostic and psycho-educational assessment, psychological counseling in educational communities ( students, teachers, parents, and academic authorit ...
.
* SEN statement-for pupils with more complex needs.
In the
English law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...
case of ''Skipper v Calderdale Metropolitan Borough School'' (2006) EWCA Civ 238, the
Court of Appeal
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
allowed the appellant could claim against her former school for failing to diagnose and treat her Dyslexia.
Criticisms
Underfunding
Funding provision for pupils with Special Education Needs and Disabilities, (SEND) has been criticised as inadequate. Some councils claimed to be unable to carry out their statutory duties towards SEND children due to lack of funding from the central government. Educators also complained that they cannot educate SEND pupils as effectively as they would like due to lack of funding.
In 2019 the
Education Select Committee
The Education Select Committee is a select committee of the House of Commons in the Parliament of the United Kingdom. The remit of the committee is to examine the expenditure, administration and policy of the Department for Education and any asso ...
of the
House of Commons
The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
published a report stating reforms introduced in 2014 had been badly implemented damaging many SEND pupils. Children had to do without support they needed, which affected their mental health as well as their education, children experienced anxiety, depression and self-harm, and children as young as nine had attempted suicide. Children's families had to try and cope with a bureaucracy. The report also criticised a funding shortfall and called for greater accountability in the system. More rigorous inspection systems were called for together with clear consequences following failure. Parents and schools should be able to appeal directly to the DfE if Local Authorities did not meet their legal obligations. School inspections should focus more on SEND, social care ombudsmen and Local Authorities should have greater powers.
Robert Halfon
Robert Henry Halfon (; born 22 March 1969) is a British Conservative Party (UK), Conservative Party politician and was the Member of Parliament (United Kingdom), Member of Parliament (MP) for Harlow (UK Parliament constituency), Harlow from 2010 ...
MP said, "The DfE cannot continue with a piecemeal and reactive approach to supporting children with Send. Rather than making do with sticking plasters, what is needed is a transformation, a more strategic oversight and fundamental change to ensure a generation of children is no longer let down." Kevin Courtney of the
National Education Union
The National Education Union (NEU) is a trade union in the United Kingdom for school teachers, further education lecturers, education support staff and teaching assistants. It was formed by the amalgamation of the National Union of Teachers ...
said, "Schools and local authorities want to provide the best possible support for SEND pupils, but the tools needed are generally no longer available due to cuts to local services." The
Local Government Association
The Local Government Association (LGA) is the national membership body for local government in England, local authorities in England and Wales. Its core membership is made up of 317 English councils and the 22 Welsh councils through the ...
stated, "Councils support the reforms set out in the Children and Families Act in 2014, but we were clear at the time that the cost of implementing them had been underestimated by the government." In some cases parents withdrew their children from school resulting in action from authorities to force attendance. A group of parents mounted a legal challenge to this.Parents take legal action over pupils labelled as truants ''
The Observer
''The Observer'' is a British newspaper published on Sundays. First published in 1791, it is the world's oldest Sunday newspaper.
In 1993 it was acquired by Guardian Media Group Limited, and operated as a sister paper to ''The Guardian'' ...
''
Exclusions and off-rolling
Children with SEN are much more likely to be formally excluded from school or off-rolled.Off-rolling is where a pupil is removed from a school's register, often shortly before
GCSE
The General Certificate of Secondary Education (GCSE) is an academic qualification in a range of subjects taken in England, Wales, and Northern Ireland, having been introduced in September 1986 and its first exams taken in 1988. State schools ...
s are due to be taken, which can cause the child's education to be discontinued. There have been claims that children with SEN who are unlikely to achieve the national target of five GCSEs at grades 4 to 9 are being excluded or off-rolled to raise a school's position in league tables. Anne Longfield, the children's commissioner, said "I have become more and more convinced that some schools are seeking to improve their overall exam results by removing vulnerable children from the school roll...sadly this can include children with Send, who have no option but to go into inappropriate alternative provision or home education."
Over-identification
There have been claims that affluent families will push for their child to be identified as having SEN so that the child can access additional support when the child may not genuinely have any disability. The number of children identified as having SEN has increased. Figures published in 2009 showed that 17.8% of pupils in English schools have SEN an increase from 14.9% in 2005, leading to claims that schools are labelling too many children as having SEN. Lorraine Petersen, the former chief executive of the National Association of Special Educational Needs, has said "they
The Good Schools Guide
''The Good Schools Guide'' is a guide to British schools, both state and private.
The guide's contributors are predominantly parents, but include researchers and former headteachers. It uses a conversational tone. Selection of schools is made ...
'', says: "There's a good reason why middle-class parents are better able to get a special needs diagnosis for their child: cash. There is a dire shortage of educational psychologists in local authorities, and children can expect a wait of at least a year to see one for a diagnosis."
Education (Additional Support for Learning) (Scotland) Act 2004
The Education (Additional Support for Learning) (Scotland) Act 2004 is an Act of the Scottish Parliament that received Royal Assent in 2004. It seeks to redefine the law relating to the provision of special education to children with additional n ...
*
Inclusion (disability rights)
Inclusion, in relation to persons with disabilities, is defined as including individuals with disabilities in everyday activities and ensuring they have access to resources and opportunities in ways that are similar to their non-disabled pee ...
*
Learning disabilities in special education
Special education (also known as special-needs education, aided education, alternative provision, exceptional student education, special ed., SDC, and SPED) is the practice of educating students in a way that accommodates their individual d ...
*
Learning theory (education)
Learning theory describes how students receive, process, and retain knowledge during learning. Cognitive, emotional, and environmental influences, as well as prior experience, all play a part in how understanding, or a worldview, is acquired or ch ...
Special education
Special education (also known as special-needs education, aided education, alternative provision, exceptional student education, special ed., SDC, and SPED) is the practice of educating students in a way that accommodates their individual di ...
*
Teaching and Learning Research Programme
Teaching is the practice implemented by a ''teacher
A teacher, also called a schoolteacher or formally an educator, is a person who helps students to acquire knowledge, competence, or virtue, via the practice of teaching.
''Informally' ...