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| SEND Code of Practice | |
|---|---|
| Name | SEND Code of Practice |
| Jurisdiction | England |
| Type | Statutory guidance |
| Issued | 2014 (revised) |
| Applicable to | Children and young people with special educational needs and disabilities |
| Administered by | Department for Education |
SEND Code of Practice
The SEND Code of Practice is statutory guidance for the identification, assessment, provision and review of special educational needs and disabilities affecting children and young people in England. It sets out duties, roles and processes that connect local authorities, schools, health services and families to secure Education, Health and Care provision, shaping practice across institutions such as maintained schools, academies and further education colleges. The Code interfaces with legislation, inspection regimes and tribunal processes to coordinate multidisciplinary support and legal entitlements.
The Code was developed following reviews and reforms that involved stakeholders ranging from the Special Educational Needs and Disability Tribunal to advocacy groups and parliamentary inquiries, building on precedents set by statutes like the Children Act 1989 and policy initiatives influenced by inquiries such as the Bradley Report. Its principal purpose is to clarify the rights of children and young people with needs linked to conditions named in clinical classifications used by bodies such as NHS England and to standardise approaches across providers including Ofsted-regulated institutions and further education providers like City and Guilds. The Code aims to embed person-centred planning models promoted in reports by think tanks and commissions such as the Social Mobility Commission and to align commission recommendations with operational practice in agencies including the Care Quality Commission.
The Code operates within a statutory landscape shaped by key enactments such as the Children and Families Act 2014 and interacts with duties under the Equality Act 2010 and reporting by inspectorates like HM Chief Inspector of Education, Children's Services and Skills. It applies to maintained schools, academies, free schools and non-maintained special schools, and it structures how local authorities discharge duties set out in instruments overseen by ministries like the Department for Education and coordinated with health commissioning by bodies such as Clinical Commissioning Groups and successors. The Code’s scope encompasses age ranges aligned with frameworks used by organisations including UCAS and pathways linked to transition planning involving entities like Jobcentre Plus.
Identification processes emphasise early warning systems and graduated responses used by schools and early years settings inspected by Ofsted and supported by local services such as Sure Start-style programmes. Assessment models referenced in the Code draw on multidisciplinary inputs from professionals affiliated with institutions such as Royal College of Paediatrics and Child Health, British Psychological Society, and local child and adolescent mental health services associated with NHS Trusts. Formal assessment routes include statutory assessment leading to plans administered by local authorities and routes that mirror diagnostic pipelines used by specialist centres like Great Ormond Street Hospital and trusts within the NHS. The Code endorses evidence-gathering approaches used in research disseminated by bodies such as the Education Endowment Foundation.
EHC Plans replace earlier statements for children with complex needs and set out long-term provision across education, health and social care systems overseen by bodies including local authorities and health commissioners like Integrated Care Systems. Plans are drafted and maintained through procedures akin to case management practices used by agencies such as the National Institute for Health and Care Excellence when issuing guidance. The Code prescribes content and review frequency for EHC Plans, aligning with transition guidance used by higher education institutions including Oxford University and vocational training partners like City of London College to support post-19 progression.
The Code delineates responsibilities across professionals and institutions: headteachers and governing bodies of schools and academies, special educational needs coordinators typically trained via programmes accredited by organisations such as the National Association for Special Educational Needs, and local authority SEND teams. Health contributors include paediatricians, therapists and commissioners from NHS bodies, alongside social care practitioners working within frameworks promoted by organisations such as The Local Government Association. Parent carer forums and third-sector charities like Mencap and Scope often engage in co-production and advocacy shaped by the Code’s expectations.
Local authorities must undertake commissioning, provision and review functions, ensuring sufficiency of placements across maintained special schools, independent special schools and specialist post-16 providers such as college networks affiliated with Association of Colleges. They coordinate with clinical partners including NHS Trusts and public health teams to secure integrated packages, and they publish local offer information in formats that echo transparency initiatives by bodies like the National Audit Office. Duties include dispute resolution arrangements comparable to those used in public service ombudsman schemes.
Compliance with the Code is monitored through inspection regimes carried out by Ofsted and the Care Quality Commission in health-related contexts, while accountability routes include appeals to the First-tier Tribunal (Health, Education and Social Care Chamber) and judicial review in the senior courts. Performance indicators and statutory reporting mirror audit processes used by the National Audit Office and oversight by parliamentary committees such as the Education Select Committee. Remedies include mediation and tribunal decisions that set precedents referenced in guidance by national legal centres and advocacy organisations such as Child Law Advice.
Category:Special educational needs