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SEND Guidance and Legal Framework

SEND code of practice: 0 to 25 years (Statutory guidance) - Guidance on the special educational needs and disability (SEND) system for children and young people aged 0 to 25, from 1 September 2014.

SEND: Guide for Schools and Alternative Provision Settings - A guide for schools on the support system for children and young people with special educational needs and disability.

SEND Support: easy-read guide for parents - Guide for parents with learning disabilities, explaining changes to the special educational needs and disabilities (SEND) system.

SEND Support: easy-read guide for children and young people. Guide for children and young people with learning disabilities on changes to the special needs educational and disability (SEND) system.

SEND: guide for further education providers. A guide for further education providers on the support system for children and young people with special educational needs and disability.

The Children and Families Act (“CAFA”) 2014 is statute law. It is legally binding which means that the LA and schools must comply with it or else they are acting unlawfully. Part 3 of the CAFA 2014 contains all the relevant sections about children and young people with SEN and disabilities.

The Special Educational Needs and Disability Regulations 2014 are the main set of Regulations underpinning the CAFA 2014. There have been some amendments made to these Regulations which you should read alongside them. Together they provide information to support the law contained within the CAFA 2014. They are also legally binding.

The Special Educational Needs (Personal Budgets) Regulations 2014. This is a special set of Regulations dealing with personal budgets and direct payments. The Regulations have been amended since 2014 and you should check here to see what changes have been made. 

 

For the law relating to disability discrimination:

Children and young people with special educational needs may also be considered disabled.  There are some situations where disabled people are subjected to direct or indirect discrimination.  

The Equality Act 2010

Equality Act 2010 (Disability Regulations) 2010

Check here to see what changes have been made since the Act and Regulations came into force.

 

For the law relating to exclusion from schools:

Children and young people with special educational needs and/or disabilities are at greater risk of exclusion from schools or post-16 institutions.  

Education Act 2011 – this is the main statute which sets out what a school should do when excluding a pupil.

Education Act 2002 – this Act covers a wide range of topics, but section 52 still contains the basic power of head teachers to exclude a pupil from school, and it also contains provisions relating to the power of staff at school to search pupils.

Education and Inspections Act 2006 – this Act extended the law on schools’ power to discipline and makes parents responsible for ensuring their excluded child is not in a public place during the first five days of any exclusion. It also sets out the obligation on schools to arrange full time educational provision for pupils who have been excluded for a fixed term, while LAs have this responsibility where pupils have been permanently excluded.

Check here to see what changes have been made since the above Acts came into force.

For more information and support regarding educational law and statutory/non-statutory guidance contact Walsall’s SEND Information Advice and Support Service (SENDIAS): Free, impartial, confidential information, advice, support and guidance for parents / carers of children with SEND 0-25 and independently for young people aged 16-25.  Phone: 0808 802 6666   Email: Walsallsendiass@family-action.org.uk