The term ‘Special Educational Needs’ can raise concerns (and in some cases hackles) so we’ll start by explaining its origins. The term was introduced in the 1981 Education Act, replacing the list of disabilities used since the 1944 Education Act. According to the 1981 Act:

‘A child has a special education need if she or he has a learning difficulty which calls for special educational needs provision to be made. A child has a learning difficulty if he or she has a significantly greater difficulty in learning than the majority of children of the same age, or has a disability which prevents or hinders the child from making use of educational facilities of the kind provided for children of the same age in schools within the area of the Local Education Authority.’

Under the Department for Education and Skills (DfES) definition, a learning difficulty may be a physical disability; a problem with sight, hearing or speech; a mental disability; emotional or behavioural problems, a medical or health condition; difficulties with reading, writing, speaking or math; or a more general difficulty with school. A learning difficulty may have been picked up on by you, your child’s doctor or health visitor, or a teacher.

The DfES estimates that around 20% of children nationally have some form of special educational need at some time. Most of these needs can be met by school, possibly with outside help. If your child has unmet needs, he or she may be entitled to additional support.

To establish a protocol for identifying, assessing and meeting special educational needs, or SEN, the Government issued the Code of Practice under the 1993 Education Act. The 1994 Code has now been replaced with a new Code of Practice, effective January 2002, following consultation. The Code is the framework on which all special education provision is based. In this section we will take you directly to the Code of Practice and to the government and independent resources that can help you get the best education for your child.

GETTING STARTED

Whether you are beginning the process of determining your child’s need for educational support or further down the line, the old dictum that ‘knowledge is power’ bears out. You will meet a variety of professionals with opinions and strategies they feel are best for your child and knowing what you and your child are entitled to will be invaluable.

Firstly, you can have a look at the DfES publication, 'Special Educational Needs: A Guide for Parents and Carers’, which explains the official protocols of obtaining special educational services and support, effectively summarising the Code of Practice. This booklet can be found on the DfES site in English and is also available in several other languages; you will need Adobe Acrobat Reader toit but this is free and easy to download.

Secondly, it will be helpful to understand all the acronyms and terms used by official bodies – sometimes these can overwhelm and bewilder the most competent of parents. Have a look at the DfES’s SEN glossary.

Thirdly, it is worth familiarising yourself with the legislation that underpins and frames your child’s special education entitlements. The Special Educational Needs and Disability Act 2001 received Royal Assent on 11 May 2001. The provisions in the Act have now been incorporated into the Education Act 1996 and the Disability Discrimination Act 1995 and the new Code of Practice. The provisions in the Act relating to special educational needs apply in England and Wales but the provisions on the rights of disabled people in education extend to Scotland; in Northern Ireland, equal opportunity matters are handled by the Northern Ireland Assembly.

Finally, know there is a vast network of social action and support groups that you can turn to for independent advice; many were started by parents who have been down this path too and want others to benefit from their experience. The new legislation is complicated and specialist helplines can be an fantastic aid in finding your way.

THE CODE OF PRACTICE

The Code of Practice on the Identification and Assessment of Special Needs was brought into effect under the Education Act 1993 (now the 1996 Act) and has been replaced in accordance with the Special Educational Needs and Disability Act 2001; the new SEN Code of Practice came into force on 1 January 2002. It is meant to ensure that schools identify and meet the needs of all children with special needs, at whatever level. It enshrines some important principles, such as the right of all children to a broad and balanced curriculum, and underscores the rights parents have in decisions about their children’s education.

Features of the new Code include:

• Stronger rights for children with Special Educational Needs to be educated at a mainstream school
• New duties on LEAs to arrange for parents of children with SEN to be provided with services offering advice and information and a means of resolving disputes
• A new duty on schools and relevant nursery education providers to tell parents when they are making SEN provision for their child
• A new right for schools and relevant nursery education providers to request a statutory assessment for a child.

In practical terms, the Code gives detailed guidance to Local Education Authorities (LEAs) and the governing bodies of all maintained schools on their responsibilities towards all children with SEN; by law, all state schools must ‘have regard to’ the Code in determining policies on children with SEN.

The guidance in the Code covers in detail:

• School-based stages of identification, assessment and provision
• Statutory assessments of special educational needs
• Statements of special educational needs
• Annual reviews

You can download the revised SEN Code of Practice in full from the DfES site or get a hard from the DfES (see below). You will need Adobe Acrobat Reader toit but this is free and easy to download. The excellent DfES guide for parents and carers (as above) explains the main points of the Code.

The Scottish Executive has produced a Parents Guide to Special Educational Needs in collaboration with Enquire, a national advice service for special education needs in Scotland. The Enquire website has information and advice about SEN services and procedures in Scotland – see the excellent publications.

THE SEN PROVISION PROCESS

Statutory Assessments

According to the Code of Practice, ‘the special educational needs of the great majority of children should be met effectively within mainstream settings through Early Years Action and Early Years Action Plus or School Action and School Action Plus, without the local education authority needing to make a statutory assessment'. In a very small number of cases the LEA will need to make a statutory assessment of special educational needs and then consider whether or not to issue a statement. . In a number of cases, a statutory assessment of a child's special educational needs will be necessary - this could be requested by the school or by the child's parents or carers.

The Code of Practice sets out guidelines for SEN assessment and provision. At each stage, children are assessed to decide what special educational needs the child has and what help is needed. The advice of many different professionals is sought and recorded during the assessment.

Your views are registered and you can have a 'named person' to help you express them. A named person can be from a voluntary organisation or a professional, a friend or a relative – someone who can give you practical advice and information as well as personal support.

See the Code of Practice for more detailed information on each stage of the provision process.

Statements

The LEA may decide at the end of the assessment to give the child a ‘statement’, or ‘record of needs’ as it is known in Scotland. It outlines the provision the LEA thinks is appropriate for your child based on the statutory assessment. A statement of SEN records the following:

You will also become familiar with Individual Education Plans (IEP), which can precede a statement and/or follow from it. An IEP is a planning, teaching and reviewing tool which sets out the aims and objectives of learning with targets to meet and methods for the school to follow. The statement will be subject to an annual review and the IEP should be reviewed at least twice a year.

School Placement

Before the end of the statement process the LEA will send you a list of schools, mainstream and special, maintained and independent, which are approved by the DfES for children with statements of SEN. You have a right to express a preference and there are many resources to help you make your decision on what is best for your child.

A good number of the social action groups we have listed in our social action and support group section below lobby for inclusive education, which is the education of disabled and non-disabled children together in mainstream schools with additional networks of support.

The movement for the inclusion of disabled children in mainstream schools has been reinforced by recent legislation, most notably the Special Educational Needs and Disability Act 2001. The passing of this act amended the Disability Discrimination Act 1995 to prohibit all schools from discriminating against disabled children in admission arrangements, giving children with SEN a stronger statutory right to be educated in mainstream schools. Parents who want their children educated in mainstream settings should take heart that there are now more powerful tools and frameworks in place to facilitate inclusive education but, in practice, provision at this early stage is still varied.

Your school may have an inclusion policy of which you are entitled to a in order for you to assess whether this is an appropriate placement for your child. The Index for Inclusion, provided to all schools by the Centre for Studies in Inclusive Education, is a set of materials to forge inclusive, supportive environments for all children. It provides a set of indicators against which a school can audit its success in incorporating inclusion.

You can also have a look at the Inclusion section on the National Curriculum website, which includes a ‘Curriculum Inclusion Statement’, a ‘three-part statement setting out principles by which teachers will ensure that all pupils have the chance to succeed’ and the DfES's ‘Inclusive Schooling - Children with Special Educational Needs’, which is meant to provide advice on the practical operation of the new provisions. Also see the National Grid for Learning Inclusion site.

To understand more about the movement for inclusive education see this inclusion web page which has links to the Parents for Inclusion, Centre for Studies in Inclusive Education and Alliance for Inclusive Education sites.

At the same time, there will be some families who feel that their children’s needs are best served by a special school. These families are also able to find support through a large number of professional and parent-led groups. The excellent Fulton Special Education Digest is available online.

Another option is to educate your child at home. See our section on home education for more information.

The DfES publishes basic guidance on home-school transport on its website.

Help Through the Process

If your child is being assessed for SEN, the most complete information on the mechanics of the process is the Code of Practice or the DfES’s ‘Special Educational Needs: A Guide for Parents and Carers’ (as above), both of which chart the process. 

You will need people as well as paper. You may have to jump over many hurdles to get the most appropriate education for your child, and it’s likely that there will be frustration, annoyance, and uncertainty along the way. On the other hand you will meet some extremely helpful and dedicated people who want to ensure that your child has the best opportunities available. 

Your child’s school will be able to tell you the name of the teacher who is responsible for children with special educational needs (usually called the Special Educational Needs Coordinator or SENCO); the school's arrangements for deciding which children need special help and their plans for giving that help, stage by stage; and how the school plans to work closely with parents. 

Every Local Authority has parent partnership officers, who are meant to be independent sources of advice and information to parents and carers while a child is being assessed for SEN. A parent partnership officer can be the ‘named person’ on a statement if you choose and will accompany parents or carers to meetings with the LEA education department or school. You can get a number for the parent partnership scheme in your area from your local LEA education department.

During the statementing process it may be necessary to submit independent reports from occupational therapists, speech and language therapists, educational psychologists or others. It is important that these specialist practitioners are experienced in writing reports for the statementing process and are aware of how extremely specific and detailed they have to be about the child’s requirements in order for them to be met in the statement. 

For guidance on finding experienced practitioners, SEN Legal, a firm that specialises in SEN (one of the partners has a child with dyslexia and dyspraxia), is a good starting point. You could also get in touch with Contact a Family, an impressive charity that puts families who have a child with the same learning difficulty, disability or illness in touch. Contact with other parents or carers who have been through the assessment may be comforting and can help give you an inside track on the process.

Contact a Family also publishes a guide to statements on its website.

Independent advice is invaluable. Our list of social action and support groups will help you begin looking for practical advice and assistance. Some organisations offer befriending services which connect with people who can act as advisors or named persons.

THE SEN AND DISABILITY TRIBUNAL

The former SEN Tribunal has taken on responsibility for hearing parents claims of disability discrimination in schools and is now known as the Special Educational Needs and Disability Tribunal (SENDIST). It is an independent body set up by the Education Act (1993) that hears parents' appeals against LEA decisions on statutory assessments and statements in England and Wales. The tribunal’s decisions are binding. You can find more information about the SEN and Disability Tribunal on its dedicated site.

OTHER ISSUES TO CONSIDER

Moving House

A statement is not a transferable document and won’t guarantee the same provision from LEA to LEA. The LEA that you move to must carry out an assessment before making any changes to or discontinuing your child’s statement and must advise you on your right to appeal to the SEN and Disability Tribunal if you are unhappy with the decision.

Education for Children who are ill

If your child is ill or has to go into hospital for some time, the LEA must still provide him or her with the education he or she needs and try to make sure that the help provided is similar to that the child would get in school. The DfES publishes guidance on the education of sick children on its website.

Beyond School

It is important to consider what will happen to your child as he or she makes the transition to adulthood. Consider the issues raised in Contact a Family’s pages on planning ahead to help your son or daughter create a happy and successful future.

SOCIAL ACTION & SUPPORT GROUPS

There are people who care passionately about these issues, and if you become interested in social action or lobbying the government for improved special educational services, you will find many allies.

The information here is only a guide and you will need to get more specific information that is relevant to your child and family. In addition to the websites listed here, your own LEA, local library, Citizens’ Advice Bureau or the local Council of Voluntary Service are good places to start.

Action on Entitlement is a website for parents of children with special educational needs. It has been set up by organisations and groups that offer advice and help to parents. 

The Independent Panel on Special Education Advice has a remit to defend children’s rights to special education provision and keeps a constant eye on legislative moves and local initiatives. Contact details for Scotland and Ireland are also available.

Network 81 describes itself as a national network of parents with children with special educational needs working towards properly resourced inclusive education. They offer a helpline for all SEN questions, a befriender network to assist parents going through the assessment process, a regular newsletter for members and a Statements Handbook, written by parents for parents.

Keep up to date with the current research by organisations like the Centre for Studies on Inclusive Education, a British independent educational charity set up in 1982 to give information and advice about inclusive education and related issues. The website features information on legislation and international perspectives on SEN.

Parents for Inclusion is a charity run by parents for parents. They operate a helpline where trained and experienced parents aim to ‘support you to have confidence in your own thinking’. The helpline can be reached on .

The Alliance for Inclusive Education is an organisation of disabled people and parents of disabled children which campaigns for changes in education law.

The Advisory Centre for Education has SEN resources, and you will find general news and information specifically for parents, school governors and teachers.

If you need legal help, consider contacting SEN Legal, a firm that specialises in this area. 

The Disability Rights Commission provides advice and information on disabled people's legal rights and the Disability Discrimination Act 1995 on its website and helpline ). See their Educating for Equality site and pages on education in Wales and Scotland.

If your child has emotional and or behavioural difficulties, YoungMinds, a children’s mental health charity, may be able to help. For parents of children with Down's Syndrome, the registered charity Local Opportunities and Awareness of Down's Syndrome  (LOADS) keeps details of organisations and groups which might be of help, and publishes details in their magazine, The Quest, three times a year. Their website www.loads.org.uk is currently under construction, but they can be contacted on .

For a comprehensive list of parent support groups relevant for many different types of disabilities, see Contact a Family, and in particular their directory of specific conditions and rare disorders. If you are unclear about your benefits and entitlements, check out Contact a Family’s excellent listing of available benefits.

The DfES website also has links to support groups for disabled people and people with learning difficulties.

ADDITIONAL RESOURCES

See the SEN statistics compiled in 'Special Educational Needs in England: January 2003' from National Statistics.

The National Association for Special Educational Needs (NASEN) is geared towards teachers, but you can read professional journals related to special needs and read about the forthcoming seminars and events – pass on the information to your SENCO.

British Educational Communications and Technology Agency (BECTA) has good information sheets on information and communications technology (ICT) and SEN. Their very good section on Inclusion & SEN is worth reading.  

On the same subject, you can read ‘Entering the Mainstream’ from the ‘Guardian’ on how ICT can make a difference in integrating children with special needs into mainstream schools.

If your child has Down's Syndrome, you might be interested to read this report ‘Experiences of Inclusion for Children with Down’s Syndrome’ and ‘Including Morwenna’, a father’s account of his experience of getting inclusive education for a child with Down's Syndrome.

KEY LEGISLATION

Her Majesty’s Stationery Office has a website that publishes legislation in the UK which you find by name, by year.

Special Educational Needs and Disability Act 2001
The Children Act 1989
The Children (Scotland) Act 1995
The Children (Northern Ireland) Order 1995
The Education Act 1996 (and Code of Practice)
The Disability Discrimination Act 1995