- Special Educational Needs
What are special educational needs?
'Children have special educational needs if they have a learning difficulty which calls for special educational provision to be made for them.' (Section 312, Education Act 1996).
All children are different and learn in their own way. If your child is not making adequate progress, or if they require help that is additional to or different from the learning arrangements normally provided for all children, they may be described as having special educational needs (SEN).
What is a learning difficulty?
Children who have a learning difficulty find it harder to learn than the majority of children of the same age, or they may have a disability which prevents or hinders them from making use of the education provided for other children.
Children do not have learning difficulties simply because their first language is not English. However, some of these children may also have learning difficulties.
A learning difficulty might cause difficulties with:
- some or all of your child's work
- reading, writing or number work
- your child's ability to express themselves or understand information
- making friends or relating to adults
- behaviour in school
- personal organisation
- tasks or activities which depend on sensory or physical skills.
The SEN Code of Practice is the guidance that early years settings, state schools, LAs and others must follow to identify, assess and make provision for children who have special educational needs.
The Code (paragraphs 7:52 to 7:63) suggests that there are 4 main areas of special need. These are:
- communication and interaction
- cognition and learning
- behaviour, emotional and social development
- sensory and/or physical needs.
Some children have needs in more than one of these areas.
How many children have special educational needs?
About 1 in 5 children may have special educational needs of some kind. Some children may have special educational needs for a relatively short time; others will have special needs right through their schooling.
Some children will have special needs in particular curriculum areas, but others may need help with all or most aspects of their education.
A small minority of children with very special needs may require a Statement of Special Educational Need.
What should I do if I am worried that my child has special educational needs before they start school?
If your child has not yet started school, there are a number of people and services, which can help with your child:
- Your health visitor, doctor or social worker;
- Pre-schools or nursery groups are able to help your child develop through a full learning programme;
- A home based liaison worker;
- A Portage Home Visitor;
- The Psychological Service.What do schools and early years settings do about Special Educational Needs?
The 1996 Education Act and the Special Educational Needs Code of Practice 2001 set out guidance for schools, early years settings and councils. The Code of Practice states that parents, schools, early years settings, Local Education Authorities and other services and voluntary agencies should all be working together in partnership. All parents should be treated as partners and should be fully involved in all school-based responses to their child's special educational needs.
Every school and early years setting should have a teacher with special responsibility for children with Special Educational Needs. These teachers are called Special Educational Needs Coordinators (SENCo).
If your child has a special educational need, the school or early years setting should put in place an appropriate level of support. All schools have a Special Educational Needs Policy that should outline how they will help children with Special Educational Needs. They will give you a copy of the policy if you ask for it. The school or setting will be happy to discuss your concerns about your child.
What should I do if I think that my child has Special Educational Needs?
If you are concerned about your child's progress at school or in the early years setting, you could talk with:
- your child's class or subject teachers;
- the Special Educational Needs Coordinator (SENCo) at your child's school;
- the Headteacher.
When you meet with the teacher or SENCo you should find out if they share your concerns. You will want to ask if there is any help already in place or if they will put measures in place following your meeting.
You can also discuss ways in which you can help your child at home.
Parent Partnership has produced a leaflet on 'Questions to ask school' which may help you to ask the right questions. There is a link below, or it can be found in the 'Leaflets' section of the website.
Related Documents
How can the school or early years setting help?
It is important that the help your child receives is right for their Special Educational Needs. Schools and early years settings use a 'graduated approach'. This consists of school action' and 'school action plus' or 'early years action' and 'early years action plus'.
These interventions will not usually be steps on the way to a statutory assessment, nor hurdles to be crossed before a statutory assessment can be made. They are a means of matching special educational provision to the child's needs, and are therefore part of the continuous and systematic cycle of planning, action and review to enable the child to learn and progress. (SEN CoP 5:22)
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- School Action (SA)
What is School Action or Early Years Action?
The school or early years setting must tell you when they think that your child has special educational needs. At this point you may wish to contact the Parent Partnership Service.
Your child's teacher or the SENCo will collect information about your child, which may include additional information from you and other people who work with your child. They will discuss with you what extra or different help is needed. This is called School Action or Early Years Action.
An Individual Education Plan (IEP) will usually be written. The IEP will include information about:
- the three or four short-term targets for your child (small steps that your child can achieve);
- what special help will be given;
- how often your child will receive the help;
- who will provide the help;
- how and when your child's progress will be checked;
- what help you can give your child at home.
Your child's teacher or the SENCO will discuss the IEP with you. The school will review the IEP at least twice a year and ideally termly.
Wherever possible your child should be involved in the review process and setting of new targets. If your child is not involved directly then his or her views should still be considered.
Sometimes the school or early years setting will decide not to write an IEP but to keep the record in another form. They should always tell you how they are helping your child and what progress is being made. The school or setting should also explain why they have not written an IEP.
School Action or Early Years Action will continue until it is no longer needed or it is decided that your child needs additional support at School Action Plus or Early Years Action Plus.
If your child makes good progress at School Action or Early Years Action, and the level of support is reduced, the class teacher should continue to monitor their progress, and will continue to support your child, as they will all the children in the class, with differentiated work.
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- School Action Plus (SAP / SA+)
What is School Action Plus or Early Years Action Plus?
If there are concerns that your child is not making enough progress with support at School Action or Early Years Action, the SENCo will ask your permission to seek further advice and support from external support services. They may want to ask for help from, for example, an educational psychologist, a specialist teacher, a speech and language therapist or other health professional.
The SENCo will usually develop a new Individual Education Plan (IEP) based on this additional advice. You will continue to be involved, and your child's progress will be regularly recorded and reviewed as it was at School Action or Early Years Action.
School Action Plus or Early Years Action Plus will continue until it is no longer needed, or until it is decided that your child requires more help and a request for a Statutory Assessment should be made.
If your child makes good progress at School Action Plus or Early Years Action Plus, then the level of support may be reduced to School Action or Early Years Action.
If your child does not seem to be making as much progress as you and the school had expected, you or the school or setting may decide to ask Milton Keynes Council to make a Statutory Assessment.
In order to agree to a statutory assessment Milton Keynes Council will require evidence that the school has done everything it could and should do at School Action Plus or Early Years Action Plus to support your child. This should have been implemented and reviewed over a period of time.
What triggers School Action Plus or Early Years Action Plus?
It might be decided that more help is needed if your child:
- Makes little or no progress in specific areas over a long period;
- Is working at much lower levels of the National Curriculum or early years curriculum than his or her peers;
- Is having difficulty in developing literacy and maths skills;
- Has emotional or behaviour difficulties which "substantially and regularly interfere with the child's own learning or that of the class group";
- Has sensory or physical needs which require additional support;
- Has ongoing communication or interaction difficulties, which are causing substantial barriers to learning.
What provision can be made at School Action Plus or Early Years Action Plus?
The Special Educational Needs Code of Practice says that provision at School Action Plus or Early Years Action Plus may include:
- Different teaching approaches;
- Equipment and materials;
- Advice for teachers;
- Specialist teaching for your child. Any extra help should, as far as is possible, be in the normal classroom setting.- Print this Section Back To Top
- Statutory Assessment
What is a Statutory Assessment?
Statutory assessment is a very detailed assessment under the 1996 Education Act. Milton Keynes Council will gather information to find out what special educational needs your child may have and what special help they may need.
Information is gathered from:
- You, the child's parent/carer;
- Your child's school/setting;
- An Educational Psychologist;
- A doctor (Community Paediatrician);
- Social Services;
- Any other person who is already helping your child, e.g. speech therapist/social worker.
Written reports (advice) are sent back to the council which, together with your written contribution, gives a full picture of your child's strengths and weaknesses. This assessment will identify your child's needs and any special help they may receive. At the end of it the LA will decide whether or not to issue a Statement of Special Educational Need for your child. Statutory assessment is only appropriate for a very small number of children.
Why would my child need an assessment?
Most children will have their special educational needs met through help at school at School Action or Early Years Action, or at School Action Plus or Early Years Action Plus. If, despite the extra help school has put in place, your child's progress is still causing concern, and it is felt that additional help is needed for the school or setting to meet your child's needs; the school or early years setting will ask Milton Keynes Council to carry out a Statutory Assessment. The school or setting will speak with you before making this request.
Who can request a statutory assessment?
A statutory assessment can be requested by the school or early years setting, by the parent or by an educational psychologist. Health and social services departments can also make referrals.
What happens if I request a statutory assessment?
Parents are able to request a statutory assessment. It is a good idea to discuss this first with the school or early years setting to consider whether every action has been taken to try to meet your child's needs from within the school or setting's resources. If you have sufficient evidence to support your request, this should be included in your letter to the council.
Milton Keynes Council will consider your request and may ask for further views and will ask the school/setting about your child's difficulties and what the school/setting is doing to help.
The council will also write to the Health Authority, Children's Social Care (Social Services) and the Educational Psychology Service to ask if they already have any information that will help them to make a decision.
What happens when the school requests a statutory assessment?
When the school or early years setting request a statutory assessment, Milton Keynes Council will write to you and ask whether you agree to the assessment. They will also ask for your written views and any additional information that you may like to give, such as any private reports you may have.
You have 29 calendar days after you have received the letter asking for your agreement, to give Milton Keynes Council your views and to consent to the assessment. If you do not agree that a statutory assessment is needed or will help your child, or if you are uncertain, you should write saying that you disagree and give your full reasons.
The Local Authority will also contact the Educational Psychology Service, the Health Authority and Children's Social Care (Social Services) to see if they have any information on your child that will help them to make a decision on whether to carry out a statutory assessment.How long does Milton Keynes Council have to decide whether to assess my child?
Milton Keynes Council has six weeks, from receipt of the request, to tell you whether they will carry out a statutory assessment. Parent Partnership has produced a sheet showing the timescales for a statutory assessment, which can be found below or in the 'Leaflets' section of the website.
Related Documents
What happens if the Council decide they will carry out a statutory assessment?
If the council agrees to carry out the statutory assessment, they will send you a letter telling you of the decision, and they will ask for more detailed information about your child from the professionals involved.
They will write to you to inform you of the decision and will ask if you would like to send in further views, and will ask if you would like the support of an Independent Parental Supporter (IPS). You may choose someone you know, or the Parent Partnership Service can provide someone to help you. (Please see Contact Us for details)
What happens if the Council decide not to carry out a statutory assessment?
If the council decides that the school or early years setting can meet your child's special educational needs at School Action or Early Years Action or at School Action Plus or Early Years Action Plus of the Code of Practice, they will decide not to carry out an assessment, and will set out their reasons in their letter to you.
Can I appeal against the decision not to carry out a statutory assessment?
You can appeal to the Local Authority against this decision. You may write to them to say why you do not agree with their decision, or you can ask for a meeting to discuss it in person. You also have the right to make a formal appeal to the Special Educational Needs and Disability Tribunal (SENDIST). You can appeal whether you or the school made the request for the statutory assessment.
How can I be involved in the statutory assessment?
You have an essential part to play because you know your child better than anyone else. You know what your child is like at home and you have knowledge that teachers and others do not have, which is important.
You will be asked to provide, in writing, your views and any further relevant information regarding your child's needs this is called 'Parental Advice'. There are guidelines to help you write your parental advice, a link to a copy of the guidelines can be found below, and in the 'leaflets' section of this website.
You may find it useful to include reports from professionals that have recent knowledge of your child, such as consultants, previous school, activity clubs, playgroup, health visitors etc. You may also have obtained reports from a private assessment which can be included.
It is important that you attend all appointments that are sent to you. If you miss an appointment, it may delay the whole process.
Related Documents
What is parental advice?
Parental advice is the report that a parent or carer is asked to write for the statutory assessment. You see your child as a whole person, and it is your opportunity to add a whole picture of your child to the statutory assessment.
It should be written so that someone who has never met your child would they get a clear picture of your child: their day-to-day life, their strengths and their difficulties. You should also state anyone you would like the council to contact, and attach any reports you already have that you would like to be considered as parental evidence.
You will be sent guidelines to follow, which will help as memory joggers. A link to the guidelines can be found below, or can be downloaded from the 'Leaflets' section of the website.
If you have used these guidelines to write a parental report when the statutory assessment was requested, you do not need to duplicate this report.
You may give your views in a variety of ways. Your contribution can be short or long, typed or hand-written, on the form provided or on sheets of paper. Remember, the more information you can give about how your child is now, the more helpful it will be to people working with your child.
It is important that your child gives his or her views if appropriate. If your child needs support to give their views to the LA, you, a teacher or another professional can help.
You may wish someone to discuss your contribution with or to help you write it. This could be:
- a friend or relative;
- someone from the Parent Partnership Service;
- someone from a voluntary group
Your views, and those of your child, are an important part of the information. They will be shared with other professionals involved and will be taken seriously. It is very helpful if you include your child's views in your own contribution.
It helps if you respond as soon as you can, and you should return your views (Parental Advice) within the 29 days specified. If you are likely to take slightly longer than 29 days to send in your views, you should let the council know in writing.
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Who will assess and provide information about my child?
When your child has a statutory assessment, anyone assessing your child will inform you in advance. You can ask for this to take place where you and your child feel most comfortable, although assessments usually take place at school.
During the Statutory Assessment, information is collected from:
- you (the Parent Partnership Service can help you with this);
- your child;
- your child's school or early years setting;
- an educational psychologist;
- health professionals such as doctor, occupational therapist,
speech therapist, physiotherapist or health visitor;
- social services;
- other agencies as appropriate.
The LEA will send you copies of all reports when the Statutory Assessment is completed.
What happens when all the information has been collected?
The process of gathering all the information and drafting a Statement or Note Lieu should be completed within ten weeks of agreeing to carry out the statutory assessment, excluding summer holidays. The LA then have a further 2 weeks to decide whether to make a statement or not.
When the LA has received and considered all the information, they will either issue a proposed Statement, or they will write to you explaining their reasons for not issuing a Statement of Special Educational Needs and will issue a Note in Lieu.
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- Annual Reviews
What is an Annual Review?
An Annual Review is part of a process that takes place for pupils with a Statement of Special Educational Needs. It is a check on whether the statement is still right for the child.
How often does it happen?
The law requires that the statement is reviewed at least every 12 months, but for children under 5, it may be reviewed every 6 months. Early or interim reviews can be called if necessary.
Who arranges the Annual Review?
It is the duty of the Local Authority to ensure that the Annual Review takes place. It is the responsibility of the school/early years setting to arrange the meeting and manage the paperwork.
Is the Annual Review important?
The Annual Review meeting is very important. It is an opportunity for you and your child to share your views with the school/setting and the Local Authority. It is a chance to reflect on the progress your child has made, to celebrate those areas of learning that have seen greatest success, and to decide if the statement is still appropriate to meet your child’s needs. It is also an opportunity to see where support needs to be focussed in the coming year and if the placement remains appropriate. New targets for the Individual Education Plan (IEP) will be set at the meeting.
Where will the meeting be held?
The Annual Review meeting is normally held in your child’s school or early years setting.
Who will be invited?
The Headteacher will invite you, your child whenever possible, and everyone who is involved with your child will be invited to attend, or to send in written comments.
By law, the Headteacher must invite the parent/carer, the teacher who knows your child best and a representative from the Local Authority. They may invite a representative from the health authority or social services, and anyone else you or they feel may give helpful information or advice. An interpreter will be invited if required.Will everyone attend?
It is not likely that all those invited will be able to attend the review, but the date will have been set to be the most convenient for the people who have had the most contact with your child.
How will I find out about the Annual Review?
The Headteacher/Early Years Manager will write to you telling you of the date and time of the meeting. If your child does not attend a school or early years setting, the letter will come from the Local Authority. The letter is likely to have a part to fill in and return to confirm that you can attend, and may enclose a form for you to fill in so that you can let the school know your views. The letter will also show a list of the people who have been invited.
Can I change the date?
Every effort should be made to attend the meeting at the time/date set by the school. This is because it can be very difficult to re-arrange a time so that other professionals can attend. If you cannot attend, you should let the school know as soon as possible.
Will there be paperwork?
The people who have been invited to the meeting, and who have had contact with your child during the year, apart from the Local Authority representative, will be asked to write a report.
You should send your views, and the views of your child if possible, to the school/setting as soon as you can.
The school/setting should send copies of the reports they receive, to all those invited, at least two weeks before the meeting. This is so that you have time to read them carefully before the meeting.
If you need help to write your views, or to read through the reports when you receive them, you can ask for help from Parent Partnership, a voluntary organisation or the school.What should I write in my report?
In Milton Keynes, most schools will send a form for you to fill in. It will ask: ‘What are your views on your child’s progress towards achieving their targets’, ‘Comments about general progress over the year’ and ‘Your view on the priorities for the coming year’. You can record your views on this form or you can write a report on a separate piece of paper.
You should look at your child’s statement and make a note of any changes you think should be made, and also write down any questions you want to ask at the meeting. These might be about what is in the statement or what has been written in someone else’s report.
What should my child write?
Schools must make arrangements to find out what your child’s views are. In Milton Keynes, most schools will have a form for the child to complete. This can be done with the help of someone at school, or the form can be filled in at home. If the child needs someone to write on the form for them, their views should be recorded in their own words.
What will happen at the meeting?
The meeting is likely to be led by the Headteacher or SENCo. They will introduce everybody and explain how the meeting will proceed. There will be a discussion about your child’s progress and information will be shared.
You can ask questions or ask for an explanation if you are unclear about anything that has been said. If you have taken a list of questions or points to raise, tick them off as they are dealt with and make sure your questions are all answered by the end of the meeting.
The meeting will look at the statement and will record any necessary alterations to Part 1 (address, phone number etc), suggested changes to Part 2 (the description of your child’s needs), suggested changes to Part 3 (the objectives and provision required to meet your child’s needs). If there is a suggestion of a change of placement, then this will also be recorded.- Print this Section
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SEN Subjects
- Annual Reviews
- School Action (SA)
- School Action Plus (SAP / SA+)
- Special Educational Needs
- Statutory Assessment
