The Special Educational Needs Code of Practice – How the Law Operates for Children with
Special Educational Needs
When we meet parents on assessment days, they are often unaware of the rules of the educational system within which their child’s special educational needs are assessed and provided for. This knowledge is extremely important for parents who feel they need to change something about their child’s education, particularly for those who are going to a First-tier Tribunal (Special Educational Needs and Disability). For information on First-tier Tribunals see www.sendist.gov.uk/
The ‘rules’ of the education system are described within the DfES* publication ‘Special Educational Needs Code of Practice’ issued in November 2001. This document is based upon the 1996 Education Act and outlines the principals and policies to which every local authority must have regard to when working with a child with special educational needs. It details how the LA should work with parents, pupils and other agencies, including how special educational needs should be assessed and identified, and the rules by which statements of special educational needs are made, maintained and reviewed.
In particular, we meet many parents who are in the process of challenging their child’s statement of special educational needs. On pp.100-103 of the Code of Practice there is a description of how a statement should be written. Part 2 of your child’s statement should contain details of each and every one of your child’s special educational needs and Part 3 should then address how the LA intend to provide for each of these needs (including objectives, special educational provision and the arrangements to be made for monitoring progress). It is important to ensure that your child’s Statement includes all of this information. In our Burwood Centre multidisciplinary assessment reports, we try to lay out the child’s special needs as they relate to each specialism (audiology, educational psychology and speech and language) in the main body of the reports and then list what support is needed to meet these particular needs in a section on ‘recommendations’ at the end of each report.
Where can I find the Special Educational Needs Code of Practice?
A hard copy of this document can be obtained free-of-charge by telephoning 0845 60 222 60 or e-mailing dcsf@prolog.uk.com, quoting reference DCSF 581/2001. Alternatively, you can download the document from
*DfES — The UK Government’s Department for Education and Skills was responsible for the education system and children’s services in England from 2001-2007. In June 2007, the DfES was split into two and the Department for Children, Schools and Families (DCSF) and the Department for Innovation, Universities and Skills took over its responsibilities.