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England : Context and principles of education

1.2.1 Aims, objectives, values, principles

The Code of Practice
Statements of special educational needs
Disability Discrimination
Other legislation applying to education
Special educational needs strategy - 'Removing Barriers to Achievement'   

1.2.2 Special programmes

1.2 Purposes of education

See section 1.2 of the mainstream England Archive in addition.

1.2.1 Aims, objectives, values, principles

Students with special educational needs

In England, the Education Act 1996 and the most recent significant item of legislation with regard to the education of children with special educational needs - the Special Educational Needs and Disability Act 2001 - state that a child has special educational needs (SEN) 'if he has a learning difficulty which calls for special educational provision to be made for him. A child .... includes any person under the age of 19 who is a registered pupil at a school'. ⁷⁵

Such provision is required when:

• He/she has significantly greater difficulty in learning than the majority of children of his age, or
• He/she has a disability * which prevents or hinders him/her from making use of the types of educational facilities generally provided for children of his/her age in schools within the area of the local authority (LA) concerned, or
• He/she is under 5 years of age, but would be likely to fall within either of the above two categories when over that age if special educational provision were not made for him/her.  ⁷⁵

* A child has a disability if he or she has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal, day-to-day activities.  ⁷⁵

In accordance with the above legislation, LAs have a duty to identify children:

• Who have special educational needs (SEN) and
• For whom special educational provision must be made because of any learning difficulty they may have.¹⁹

The LA must formally assess a child in its area if, in its opinion, the child has, or probably has, special educational needs (SEN). A teacher, parent, health visitor or similar person may alert the LA to a child's special needs and a parent may request a formal assessment. Parents of children under 2 years of age may request the LA to make a formal assessment and the LA may, at its discretion, make special educational provision for such children. LAs may request the help of the local health authority in specifying the action needed. This might involve the provision, for example, of speech therapy, physiotherapy, psychotherapy, etc.¹⁹

Legislation defines special educational provision as provision which, in the case of children over the age of 2, adds to, or differs from, provision made generally for children of the same age in maintained schools (publicly-funded schools). In the case of children under 2 years of age, special education is defined as educational provision of any kind.¹⁹

Local authorities (LAs) in England have a duty to ensure that appropriate provision is available for the education of children and young people with special educational needs (SEN) from the age of 2 to 19 years, who are educated in school. ¹⁹  Provision is made by the Learning and Skills Council (LSC) for students over compulsory school age (16) who choose to continue their education in a further education institution. Local authorities also have a qualified duty to educate students with special educational needs in mainstream schools, alongside children without such needs, wherever possible.¹⁹

LAs must draw up a special educational needs policy. This must be published and should include planning for access to the curriculum for all children.⁴⁹

In England, the school governing body is responsible for ensuring that a suitable procedure is established in school for identifying and helping students with special educational needs (SEN). It also has a duty to ensure that the best possible provision is made in schools to meet those needs and to ensure that, as far as possible, a child with SEN in an ordinary school takes part in the normal activities of the school. Governors must also publish information about, and report on, the school's policy on SEN.¹⁹      

LAs also have a duty to prepare a statement setting out their arrangements for the education of children with behavioural difficulties. These statements are referred to as behaviour support plans.¹⁹

The Code of Practice

The Government's "Code of Practice on the Identification and Assessment of Special Educational Needs" has been instrumental in supporting the move towards inclusiveness.^{22 75}

This Code of Practice, the original version of which came into effect in England in September 1994, gives practical guidance to local authorities (LAs) and the school governing bodies of all maintained schools on their responsibilities towards children with special educational needs (SEN). It, together with the specific provisions of the relevant legislation, sets the framework for special education. LAs and schools, together with health and social services, which help schools and LAs to provide special education, must have regard to the Code of Practice, although the Code of Practice itself is not compulsory.¹⁹  As a result of legislation introduced under the School Standards and Framework Act 1998 ¹, the Code of Practice now applies also to all publicly-funded nursery education providers. 

A revised Code of Practice⁷⁵, taking into account the provisions of the Special Educational Needs and Disability Act 2001 (SENDA) ⁷⁴, was introduced in January 2002.  This introduced the following changes to the previous Code:

• A stronger right for children with SEN to be educated in a mainstream school.
• Duties for LAs to arrange for the parents of children with special educational needs to be provided with services offering advice and information and a means of resolving disputes.
• A duty on schools and relevant nursery education providers to tell parents when they are making special educational needs provision for their child.
• A right for schools and nursery education providers to request a statutory assessment of a child. ⁷⁵

The Code of Practice requires that all schools keep a register of all children with SEN, and that they record the steps taken to meet the needs of individual students. The revised Code of Practice simplified the former five-stage process (see below) into three overlapping processes:

School action:

Taken by a teacher with particular responsibility for special educational needs (SENCO) when a problem is identified.

School action plus:

Brings in professional help and may introduce an individual education plan (IEP) with targets for progress. A multi-disciplinary assessment may also take place, leading potentially to

A full statement of special educational needs. ⁷³

The Code of Practice also sets out four broad areas of special needs, which are further subdivided into 12 categories:

• Cognitive and learning needs, which can include specific learning difficulties, moderate learning difficulties, severe learning difficulties, and profound learning difficulties.
• Behaviour, emotional and social development needs, which can include behaviour, emotional and social difficulties.
• Communication and interaction needs, which can include speech, language and communication needs, and autistic spectrum disorder.
• Sensory and/or physical needs, which can include hearing impairment, visual impairment, multi-sensory impairment, and physical disability. ⁷⁷

Since January 2004, the annual census of students in schools has included the collection of data on the above categories of SEN.  The data gathered is used to assist planning, study trends and monitor the effects of initiatives on pupils with different types of SEN. ⁷⁷

The 1994 version of the Code of Practice recommended that mainstream schools should follow a five-stage pattern of identification and assessment of SEN.  If the initial expression of concern had not been by the child's parents, parents had to be consulted during the first stage. The first three stages were based in the school, with external specialists called upon to help, if necessary, at stage three. At stages four and five, LAs shared responsibility with schools.¹⁹

Stage 1:

Class or subject teachers identified or registered a child's special educational needs (SEN) and, consulting the school's SEN coordinator (SENCO) (see 4.5.4), took initial action.

Stage 2:

The school's SEN coordinator (SENCO) took lead responsibility for gathering information and for coordinating the child's special educational provision, working with the child's teachers. An individual education plan (IEP) was prepared, setting targets for actions and dates for reviewing progress against them.

Stage 3:

Teachers and the SENCO were supported by specialists from outside the school.

Stage 4:

The LA considered the need for a statutory assessment and, if appropriate, made a multidisciplinary assessment.

Stage 5:

The LA considered the necessity for a statement of special educational needs and, if appropriate, made a statement and arranged to monitor and review provision.¹⁹

Although the Code of Practice is not compulsory, schools must 'have regard' to it. 

Statements of special educational needs

A statement of special educational needs is a statutory document which details the special educational needs of a child, lists the special educational provision required, names an appropriate school or other arrangements and, if necessary, gives details of the non-educational provision required. The representations, evidence and information taken into consideration by the local authority (LA) in compiling the statement must be included within the statement.¹⁹

The process of obtaining a statement starts when the parents or headteacher request a formal assessment of a child's needs. The LA then has six weeks to respond during which it must seek parental, educational, medical, psychological and social services advice, and any other advice it considers appropriate.  Parents can appeal if the LA turns them down (see below). If a child does need a statement, the LA should produce this within six months of the original request. Once signed, the statement must be reviewed annually.⁷³  

Should the LA decide that a child needs to be formally assessed for a statement of special educational needs, its first duty is to inform the parents of this decision in writing. This formal notification must include the following information:

• The fact that the LA is proposing to make an assessment of the child's educational needs.
• The procedure which the LA will follow in making the assessment.
• The name of an officer of the LA from whom further information may be sought by the parent(s).
• The parents' right to make representations and submit written evidence to the LA, within a period of not less than 29 days from the date on which the notice was issued. ¹⁹

Additionally, since the introduction of the Special Educational Needs and Disability Act 2001, schools have a duty to inform parents as soon as they decide that a child has special educational needs.  Previously, until such time as the LA had decided that a child should be formally assessed for a statement of special educational needs, parents had no legal right to be told - although most were.⁷³

The LA will usually make a statement of special educational needs when it decides that all the special help a child needs cannot reasonably be provided within the resources normally available to the school¹⁹.

"A statement of special educational needs is effectively a contract setting out what additional help a student needs, and how and when it will be delivered. A statement is intended for children who, as the Special Educational Needs and Disability Act 2001 puts it, have 'severe or complex needs', and follows an assessment by medical, psychological and educational professionals. It is drawn up and paid for by the LEA (although the health service might contribute) and may, for example, conclude that a child needs two hours' speech therapy a week, some specialist equipment or a teaching assistant for a few mornings a week." ⁷³

Once a child has received a statement of special educational needs, the school governing body (LA in the case of publicly-funded nursery schools) must name a 'responsible person' who must make the child's statement known to all those who are likely to teach him or her. This person may be the headteacher, the chairman of governors or another governor. The school governing body has a duty to ensure that the responsible person fulfils his/her obligations and that all teachers in the school are aware of the importance of identifying and providing for children with special needs.¹⁹

In some instances, the LA may decide not to make a statement of special educational needs and it must notify the parents of this decision. In such a case, the LA, setting out the reasons for the decision should draw up a 'note in lieu of a statement'. The parents have a legal right to appeal to the Special Educational Needs and Disability Tribunal if they do not agree with the final statement, or if the LA decides not to make a statement. The Special Educational Needs and Disability Tribunal is an independent body, set up to consider parents' appeals against the decisions of local authorities (LAs) regarding a child's special educational needs (SEN), in cases where agreement cannot be reached between the LA and the parents.¹⁹

Disability Discrimination

Legislation introduced in September 2002 aimed to ensure that disabled children are not discriminated against in relation to admission to, or the accessibility of, education and associated services. That is, the legislation aimed to ensure equality of treatment in education for disabled students. In accordance with the legislation and the Schools' Code of Practice, schools have to draw up accessibility plans for improving physical access; they are obliged to take measures to amend policies or procedures which could lead to discrimination; and they may have to amend their procedures for admitting and teaching students and/or for providing activities such as school trips or after-school clubs. Local authorities (LAs) also have to have an accessibility strategy. ⁷³

The Disability Rights Commission (DRC) developed Codes of Practice for schools, colleges, universities etc. which explain how the new law and procedures should be applied. In addition, since September 2003, universities and colleges have had to provide auxiliary aids and services for disabled students. These could include, for example, information in accessible formats and/or personal support. ⁷³  

On 1 October 2007 the Disability Rights Commission merged with the two other equality commissions (the Commission for Racial Equality and the Equal Opportunities Commission to form the Equality and Human Rights Commission.  For further information, see the Equality and Human Rights Commission website at http://www.equalityhumanrights.com/en/Pages/default.aspx

The Disability Equality Duty, brought in under the Disability Discrimination Act 2005, requires all schools and public sector organisations to promote equality of opportunity for disabled people. Applying to all secondary schools since December 2006 and all primary and special schools since December 2007, it requires organisations to:

• Promote equality of opportunity
• Eliminate unlawful discrimination
• Eliminate disability-related harrassment
• Promote positive attitudes towards disabled people
• Encourage disabled people's participation in public life
• Take steps to take into account people's disabilities, even where that involves more favourable treatment. ⁹⁸

Schools are required to produce a Disability Equality Scheme, involving disabled students, parents, staff and members of the community. It should set out the school's priorities, such as staff training in relevant areas. ⁹⁸

Other legislation applying specifically to education

The Human Rights Act 1998² confirmed the rights of everyone to benefit fully from education.¹⁹

The Sex Discrimination Act, which originally came into force in 1975 and was amended and broadened in 1986, applies to education. Coeducational schools, colleges and universities must not discriminate in the way they provide facilities or in the way they admit students. For example, all students should have equal access to the National Curriculum. The Careers Service must not discriminate between boys and girls in the way it provides advice and assistance. Single-sex schools may restrict admissions to boys or girls, but they must not restrict the types of subjects they teach as a result.³⁷

The Race Relations Act 1976, which makes it unlawful to discriminate against any person on the grounds of race, colour, nationality or ethnic or national origins, applies to all schools and colleges funded by local authorities, all independent schools and colleges, special schools and universities, and all local authorities.³⁷

Special Educational Needs Strategy - 'Removing Barriers to Achievement'

In February 2004, the Government published a new strategy for special educational needs (SEN) 'Removing Barriers to Achievement'. This set out the Government's vision for enabling children with SEN to realise their potential and included a long-term programme to support pre-school settings, schools and local authorities in improving provision for children with SEN. The programme focused on four key areas outlined below:

Early intervention

Action in this area intends to ensure that children who have difficulties with learning receive help as soon as possible, and that parents of children with SEN and disabilities have access to suitable childcare. In particular, the Government plans to:

• Implement a strategy for childcare for children with SEN and disabilities, promoting an integrated approach to pre-school education and childcare and improving the information available to parents.
• Encourage local authorities to provide advice and support regarding SEN to pre-school settings to develop the skills and awareness of staff.
• Work with voluntary organisations on a feasibility study for establishing a National Early Intervention Centre of Excellence to raise awareness of effective approaches and promote best practice.  

Removing barriers to learning

This area of the strategy focuses mainly on improving the quality of education for children with SEN in mainstream schools. Action to be taken includes:

• Helping schools develop effective inclusive practice through a new Inclusion Development Programme bringing together education, health, social care and the voluntary sector.
• Providing practical assistance for schools and local authorities to improve access for disabled pupils.
• Taking steps to improve the quality of education for children with more severe behavioural, social and emotional difficulties..

Raising expectations and achievement

In this area, action to be taken includes:

• Ensuring that children with SEN receive 'personalised learning' - in other words, helping schools to meet the learning needs of individual children.
• Working to raise the achievement of pupils with SEN in primary education and at key stage 3 (aged 11-14).
• Working with the Training and Development Agency for Schools (TDA) and higher education institutions to ensure that training programmes provide a good grounding in core skills and knowledge of SEN.

Delivering improvements in partnership

Some of the key action to be taken in this area includes:

• Promoting more consistent practice in dealing with the education of children with SEN through a team of expert national advisers.
• Encouraging local authorities to monitor schools' performance in meeting the needs of children with SEN.
• Working to deliver joined up services covering education, health and social care for children and families.

Further information on 'Removing Barriers to Achievement' is available from the Department for Children, Schools and Families (DCSF) 'Teachernet' website: http://www.teachernet.gov.uk/wholeschool/sen/senstrategy/

Students from particular ethnic groups

A child cannot automatically be defined as having special educational needs (SEN) solely because his mother tongue is not English.¹⁹

Particularly able students

Under the terms of the legislation in force, 'giftedness' (that is, students who are particularly talented or gifted) is not recognised as grounds for identifying a child as having special educational needs (SEN); some LAs, however, cater for this situation in their special education provision.¹⁹ 

Special schools

Local authorities (LAs) in England have the power to establish special schools. Before a school is defined as a special school, approval must be obtained from the Secretary of State.  Special schools approved in this way may be LA-maintained schools, or schools which are not publicly-funded but are run by charities or charitable trusts.¹⁹

Independent schools

There are a number of independent schools catering wholly or mainly for children with special educational needs. Such schools must secure the approval of the Secretary of State as suitable for the placement, by LAs, of children with statements of special educational needs. Alternatively, the Secretary of State must give consent to an individual child being educated at the school. These independent schools are required to meet similar standards in respect of premises, qualified staff, education and care to those in other forms of special school.¹⁹

The key principles to the work of the Qualifications and Curriculum Authority

The Qualifications and Curriculum Authority (QCA) (see sections 5.2.1 and 6.2.1 of the mainstream England Archive for further details of its role) has adopted a set of principles to help it to promote equal opportunities for all learners in all aspects of its work. The QCA has established five general principles to underpin its work. These are that, "in all aspects of its work, including advice to the Government, on issues relating to the curriculum, assessment, occupational standards and qualifications, the QCA will seek to ensure:

• The appropriate inclusion of all learners at relevant levels of activity.
• Opportunities for continuity and progression for all learners.
• The achievement of the highest possible standards for all learners.
• The recognition of the achievements of all learners.
• The provision of easily accessible advice and guidance relevant to all learners. ³⁷

1.2.2 Special programmes

Programmes for gifted and talented children

Excellence in Cities and World Class Tests

In spring 1999, the Government announced its 'Excellence in Cities' initiative. This provided funding for various inner city education programmes and included schemes to assist gifted and talented children in urban areas.⁵²

As part of the Excellence in Cities initiative, the Qualifications and Curriculum Authority (QCA) developed 'world class tests' for highly able 9- and 13-year-olds in mathematics and problem-solving (in mathematics, science and design and technology), and for 18-year-olds at GCE 'A' Level - the latter are known as Advanced Extension Awards - AEAs. Further information on world class tests is available via the 'World Class Arena' website at http://www.worldclassarena.org/ and on AEAs via the Department for Children, Schools and Families (DCSF) Qualifications website at http://www.dfes.gov.uk/qualifications

The Excellence in Cities initiative also introduced a range of masterclasses for primary age children linked to specialist secondary schools (see 3.2.5); summer schools for gifted children; and partnerships with independent schools. ²⁶

The National Programme for Gifted and Talented Education

The Government has since set up a specific National Programme for Gifted and Talented Education.  Further information is available online. 

'Young Applicants in School Scheme' (YASS)

More than 800 gifted and talented students in 60 secondary schools are currently studying university modules as part of a pilot project called the 'young applicants in school scheme' (YASS). Parental contributions, or funding from other initiatives, pay for the courses, which can cost up to £475 per student. Students mostly undertake individual study for the modules, but can receive help from their teachers. They can use the credits towards a full degree from the Open University, but many use them to improve their application to university. ⁹⁰

'Early Support'

'Early Support', funded by the Department for Children, Schools and Families (DCSF),  helps deliver services to disabled children under the age of 3 and their families. It promotes service development in partnership with health, education and social services; organisations in the voluntary sector; and service users themselves. ⁹¹

'Early Support' works with a diverse range of professionals and families using programme materials which have been developed. These provide practical tools to improve continuity and coordination of support for families and children. The materials help families looking for assessment of their child's needs, early intervention and support in the first few years of the child's life. ⁹¹ Further information is available from the 'Early Support' website: http://www.earlysupport.org.uk/.

The Disabled Teacher Taskforce (DTT) has been launched by the General Teaching Council for England to encourage more people with disabilities to become teachers and ensure they get the support they need. The taskforce, which comprises representatives from 15 organisations, including the Department for Children, Schools and Families (DCSF) and the Training and Development Agency for Schools (TDA), plans to carry out a long-term study of the staying-on rates of disabled trainees. ⁹⁴

Strengthening teaching of SEN in schools

In 2006, the Government set out a package to improve training for teaching staff in special educational needs (SEN).  Measures include:

• A national programme of continuing professional development to transform understanding of SEN and disability in schools.
• A Dyslexia Trust, involving private sponsorship.
• Work to strengthen the role and status of SEN Coordinators (SENCOs) in schools and to develop nationally accredited training for those newly appointed to the role.

The Government is also considering mandatory training for new SENCOs in schools and a new requirement that SENCOs must be teachers. ⁹⁶

Support for students with dyslexia

A new project entitled 'No to Failure' has been launched with the aim of ensuring that children with dyslexia receive the support they need at school. The project will:

• Promote specialist dyslexia training for teachers.
• Develop examples of good practice for local and national use.
• Forge stronger partnerships with dyslexia charities and businesses to provide support and education for students with dyslexia. ⁹⁹

Speech, language and communications review launched

A major review of the provision of services for children and young people with speech, language and communication needs was launched in September 2007. The review will advise the Government on enabling the best provision to be mirrored in all areas of the country, and advise on how local services can work more closely to give children the support they need. ¹⁰¹

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