- 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.
Related Documents
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 Back To Top
- School Admissions
When will I hear about my child's secondary school place?
For children transferring schools at 11+, notification of school allocations will be issued on 1st March, 2010.
What should I do if I want my child to be considered for a different school to the one that has been allocated?
You must confirm in writing or by email stating your reasons to:
Pupil Support Section
Learning & Development
Saxon Court
502 Avebury Boulevard
Milton Keynes MK9 3HS
Email: Education@milton-keynes.gov.uk
Tel: 01908 253 489
Your request will be considered in the following round of admissions. If it is not possible to allocate a place you have the right of appeal.
I live very near to the school I want my child to attend - do I still have to complete an application form?
Yes, it is VERY IMPORTANT that every child has an application form stating school preferences for secondary education completed and submitted by the deadline.
When is the deadline for my child's application for secondary education?
The form must be completed and handed back to your child's primary school or submitted online by 5pm on MONDAY, 2ND NOVEMBER 2009.
What happens if I miss the deadline for the completion of my child's application form for secondary education?
Any applications received after the closing date of 5pm on 1st November will be classed as late and will only be considered after those received on time. In very exceptional circumstances late applications may be considered alongside all those received on time.
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- School Admission Appeals
What is an Appeal Hearing?
An appeal is your chance to explain to an independent panel of people (usually three) why you think the wrong decision has been made.
I can't decide whether or not to appeal, what do I need to think about?
It may be helpful to consider:
The school's policy for admitting pupils (see LA's Admissions booklet and school's website/prospectus)
Your reasons for wanting your child to attend the school and the strength of your case
At what stage can I appeal against my child's school place?
As soon as you hear about your child's school place and you are unhappy with this decision, you can request information about the independent appeal procedure from:
Pupil Support Section
Learning & Development
Saxon Court
502 Avebury Boulevard
Milton Keynes MK9 3HS
Email:Education@milton-keynes.gov.uk
Tel: 01908 253 489
You may find it helpful to look at the following leaflets providing school admission appeal information on the Parent Partnership Service website:
Related Documents
When do the appeal forms have to be returned by and where do I send them?
When you receive news of your child's secondary school place (1st March, 2010) and you subsequently make the decision to appeal against this decision, you will need to submit your forms within 14 days of the date of the letter you receive at that time.
The forms need to be returned to:
Education Appeals
Democratic Services Division
Civic Offices
1 Saxon Gate East
Milton Keynes MK9 3HG
Do I have to send my supporting evidence with the forms or can I submit this later?
The Panel Clerk is required to send out appeal papers to parents, the presenting officer (for school or local authority) and the panel members at least 7 working days before the hearing. Evidence can be submitted after you have sent in your appeal forms, however, it is advised that this is no later than 3 days before the hearing to allow the panel members sufficient time to consider the additional evidence. It is also possible to produce a short document that can be easily considered by the panel members on the day of the hearing. However, it is important to bear in mind that if this last minute evidence is significant, the panel may require an adjournment to allow them time to consider the information. The admission authority may also need time to respond to this last minute evidence.
Who arranges an appeal?
For community and voluntary-controlled schools in Milton Keynes the council's Democratic Services Division arranges the admission appeal hearings. This is because the local authority is the admissions authority for these schools and therefore has the responsibility for school admissions.
For foundation and voluntary-aided schools the governing bodies are responsible for admissions and organising independent appeal panel hearings. However, the Democratic Services Division do organise appeals on behalf of the governing bodies of some of the foundation and voluntary-aided schools. The council will write and advise you of what the arrangements will be for the school you are appealing to.
Who sits on the appeal panel?
The appeal panels are independent of the council. Members are drawn from a list of people, many of whom have an interest or experience in education locally. Training is provided to members so that they have an understanding of the legislation and local policies relating to school admissions in Milton Keynes. Panels usually have three or five members and will not include anyone who has previously been involved in an individual case or have links with the particular schools.
Can I appeal more than once to a school?
You can only apply and appeal to a school once within an academic year unless your circumstances change significantly since your first application. You can, however, appeal to more than one school.
What if my child's or our family circumstances have changed since my first application/appeal to a school?
You can approach the school to see if they will consider a further application for a place for your child. If they agree to you applying again and this second application is unsuccessful, you then have the right to appeal again.
How can the Choice Adviser support me with a school admission appeal?
The Choice Adviser (CA) can provide information about schools, admissions, the appeals process etc. In Milton Keynes the CA can offer support (telephone/email) to help you prepare your parental case for the appeal. On occasions it may be appropriate for the CA to accompany you to the appeal and in cases of real difficulty support with the presentation of the parental case.
How long does an appeal last?
This will vary depending on the circumstances of an appeal but for straight forward appeals without adjournments for example, an hour is ample time to allow for the appeal.
An appeal hearing sounds quite scary - what is it like?
An appeal hearing is, of course, an official procedure but it is not a court of law! The appeal panel Chairperson will be friendly and courteous and do his/her best to make you feel at ease. The panel members usually sit behind a desk at the rear of the room and the parent, presenting officer for the school/local authority and the clerk sit behind desks in front and to the side of the panel members. The Panel Clerk will tell when you are needed and where to sit and will also do his/her best to calm any nerves you may be feeling.
Should I take my child to the appeal?
It is not necessary for your child to attend and it is advisable not bring any younger children with you as they may be distract you during the appeal.
When do I hear the decision of the appeal panel - is it the same day?
No, they do not tell you their decision straight away. The Panel Clerk will usually send you details in the post of the panel's decision within 7 days of the hearing.
If the CA is unavailable, is there anyone else who can help?
The Advisory Centre for Education offers advice on admission appeals (free advice line - 0808 800 5793 | www.ace-ed.org.uk)
Related Documents
What if my appeal is unsuccessful?
The Advisory Centre for Education offers the following advice:
- Only about a third of parents win their appeal, so try not to be too negative about other schools when you talk to your child.
- You could ask that your child is put on a waiting list but children can move down waiting lists if others apply to the school who have greater priority.
- If you are not successful, you do not have to send your child to any school allocated to you, but you must make sure that your child is at a school or taught at home.
- If your situation changes significantly you may be able to reapply, and if refused, to appeal again.
- If you feel that the appeal was unfairly run, you may be able to take this further by complaining to the Local Government Ombudsman (LGO) about maladministration. The LGO cannot overrule the panel’s decision but can recommend a new appeal. This may not change the situation for your child.
- Parents sometimes hear of a case “just like ours” that was successful, but remember all cases are different.
Related Documents
How do I contact the Local Government Ombudsman?
If you need any help – call the LGO Advice Team on 0300 061 0614 or 0845 602 1983. Look out the LGO website:
www.lgo.org.uk/making-a-complaint- Print this Section
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SEN Subjects
- Annual Reviews
- School Action (SA)
- School Action Plus (SAP / SA+)
- Special Educational Needs
- Statutory Assessment
