COUNTY COUNCIL POLICY STATEMENT ON
CHILDREN AND YOUNG PEOPLE WITH
SPECIAL EDUCATIONAL NEEDS
OVERVIEW
The County Council believes in the importance of having an education system within
Northumberland which can include everyone. The aims of education for children and young
people who have special educational needs (SEN) are the same as for all other children:
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Meeting their needs and raising their achievements
Enabling them to access and have success in all aspects of education
Promoting their full participation in the economic, cultural and social life of their
community in order to prepare them for effective citizenship
within educational and social communities where the child or young person is valued, feels
secure and has a sense of belonging.
The needs of most children and young people with SEN can be met within mainstream schools
that have a positive ethos towards inclusion and suitable support arrangements. The County
Council will therefore seek to maintain pupils as far as possible within mainstream schools
supported by specialist services, as appropriate. It will be more appropriate for some children
to attend more specialist settings and therefore Special Schools and Special Units attached to
mainstream schools are key elements in such a system.
The County Council’s values, aims and principles all place children and young people with SEN
at the heart of its vision for education. This, in turn, is presented within its SEN Inclusion
Strategy and supported by its policy statement on children and young people with SEN, and by
the legislative framework. It is important that those concerned with the realisation of this vision
are clear about their respective roles and responsibilities.
1.0
VALUES, AIMS AND PRINCIPLES WHICH UNDERPIN THE SUCCESSFUL
DEVELOPMENT OF AN INCREASINGLY INCLUSIVE SPECIAL EDUCATIONAL
SYSTEM WITHIN NORTHUMBERLAND
1.1
For its values the County Council believes in:
1.2
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Improving the social, economic and environmental well-being of communities
within Northumberland
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Delivering quality through new ways of working and continuous improvement

Valuing and developing everyone and releasing their potential

Promoting equality and treating people fairly
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Providing a fair and consistent approach to decision-making
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Striving to be the best
The County Council’s Aims are to:

Raise the attainments and achievements of all children and young people with
special educational needs so that they make the progress of which they are
capable;
2
1.3

Develop an inclusive education system in Northumberland that enables all
children and young people to benefit from successful learning opportunities in
their own local communities, with emphasis placed on quality and accessible
provision;

Develop a coherent system of educational opportunities which allows children
and young people to move smoothly through important transition points.
The Principles which underpin the Policy are:
1.3.1
All children should have access to an appropriate education that affords them
the opportunity to achieve.
1.3.2
Children and young people hold in common with all pupils and students the
entitlement to a broad and balanced curriculum, which includes the National
Curriculum and provides education experiences of a high quality.
1.3.3. A diverse range of achievements by pupils with SEN should be recognised and
celebrated in addition to conventional academic success.
1.3.4
The special educational needs of children should normally be met in mainstream
schools or settings. Mainstream education will not always be right for every child
all of the time. Equally just because mainstream education may not be right at a
particular stage it does not prevent the child from being included successfully at
a later stage.
1.3.5
Inclusion is a process by which schools, the County Council and others develop
their cultures, policies and practices to include pupils.
1.3.6
The culture, practice, management and deployment of resources in a school or
setting should be designed to safeguard the interests of all its children.
1.3.7
With the right training, strategies and support nearly all children with special
educational needs can be successfully included in mainstream education.
1.3.8
The County Council, schools and settings should work together with parents and
other agencies to ensure that any child’s special educational needs are identified
early; they should actively seek to remove barriers to learning and participation.
1.3.9
Intervention should aim to be preventative and be made as early as possible in
order to meet the identified need. Interventions for each child should be
reviewed regularly to assess their impact, the child’s progress and the views of
the child, their parents and headteachers.
1.3.10 An inclusive education system should offer excellence and choice and
incorporate the views of parents and children. Special education professionals
and parents should work in partnership. Professionals should take into account
the views of individual parents in respect of their child’s particular needs.
1.3.11 Assessment and interventions involving multiple agencies should be coordinated
rather than separately planned and delivered. There should be close
cooperation between all agencies concerned and a multi-disciplinary approach to
the resolution of issues, as appropriate.
1.3.12 Where the County Council determines a child’s special educational needs,
Statements should be specific, detailed, normally quantified, made within
prescribed time limits, specify monitoring arrangements, and be reviewed
annually.
1.3.13 The principles of Best Value apply to special education as with other areas of
service delivery involving County Council and schools, with a view to securing
continuous improvement in the way functions are exercised and having regard to
a combination of economy, efficiency and effectiveness.
3
SEN INCLUSION STRATEGY
The SEN Inclusion Strategy is central to school improvement in Northumberland. It is part of
the wider framework and directly relevant to everyone involved in Education plus a range of
other stakeholders. It is a working document and just as any strategy has to be sensitive to
changes, this one will be too. As it stands it reflects our current priorities based on an objective
assessment of strengths and weaknesses provided through self-evaluation, the Office for
Standards in Education (OFSTED), and current feedback from schools and other stakeholders.
The strategy is underpinned by national policy and guidance, including the Government’s
Programme of Action for SEN; the revised Code of Practice for SEN; the SEN and Disability Act
2001; Removing Barriers to Achievement - The Government’s Strategy for SEN; and the
Children’s Act 2004. The principles on which the strategy is based include:
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a commitment to inclusion
a commitment to early intervention
a commitment to supporting schools to provide for a wide range of pupils’ needs
a commitment to delegation of SEN resources
a commitment to providing a continuum of provision.
The starting point for children with SEN, including those with statements, is that they will
receive mainstream education. There are a very small number only of specific circumstances
when a child without a statement cannot be educated in a mainstream school; a child with a
statement must also be educated in a mainstream school unless this would be incompatible
with either the wishes of the parents or the provision of efficient education for other children.
1.0
VISION
1.1
The vision which the LEA wants to promote in partnership with schools is based on a
fundamental belief that inclusive schools are “schools to which the teaching and
learning, achievements and well-being of every young person matter.”1
We therefore want to focus on building the capacity of schools to raise the attainment of
all children, and to be in a position to work together to promote shared inclusive values
within a culture of equality of opportunity and high expectations for all.
1.2
Northumberland County Council believes that inclusion is a dynamic process which
involves challenging and redefining culture, policies and practice to ensure that each
individual is valued and enabled to achieve his/her potential. This means promoting an
inclusive approach to education which involves:
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1.3
1
creating an ethos of achievement for all pupils within a climate of high
expectation;
valuing a broad range of talents, abilities and achievements;
promoting success and self-esteem by taking action to remove barriers to
learning;
countering conscious and unconscious discrimination that may prevent
individuals, or pupils from any particular groups, from thriving in the school;
actively promoting understanding and a positive appreciation of the diversity of
individuals and groups within society.
An inclusive education system is one which provides a continuum of provision offering a
flexible approach to meeting children’s identified needs. At the heart of this are
inclusive schools, categorised by being:
Educational Inclusion and School Inspection: OFSTED, Jan 2000
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schools with high expectations of all of their pupils – based on the conviction that
all pupils have talents and have the capacity to benefit from their educational
experience. The role of the school is to maximise the advantages that they bring
and minimise any disadvantages, drawing on a good knowledge of the
individuals and their aspirations.
schools which enable all pupils to experience success – giving all pupils the
experience of achieving real and meaningful success in their school lives. This
involves encouraging pupils to identify and work towards stretching but realistic
personal targets and recognising their success when targets are reached. In
inclusive schools concern for high attainment is matched by other forms of
achievement, including the development of personal and social skills and
successful participation in school and community activities.
Schools that adopt a flexible, dynamic approach to planning and delivering
programmes for pupils – if they are to succeed in meeting the needs of all their
pupils successfully. Effective inclusion involves developing learning and
teaching approaches which are responsive to pupils' personal learning styles
and prior achievements, and ensures that pupils are actively involved in taking
responsibility for their learning.
Schools working in partnership with others – if they are to maximise their
effectiveness in promoting inclusion. These relationships need to be based on a
shared understanding of aims and objectives and a clear understanding of the
contribution that each agency can make towards achieving these. They also
need to be based on a true partnership in which all parties are prepared to share
decision making and the leadership of specific pieces of work in appropriate
ways.
Schools which support and develop the whole child – with a commitment to
developing a rounded view of the child. This requires a high degree of
knowledge of pupils as individuals amongst key staff and a commitment to
actively engaging with pupils and parents to identify their needs and aspirations
and about the school's success in meeting these.
Schools with effective leadership – crucial in establishing the aims, vision and
values which are needed to support the development of inclusive practice and
ensure that it is pursued consistently throughout the school. Leadership is
required at all levels, and whilst it is vital that the headteacher projects a strong
commitment to an inclusive approach, it is equally important that this is reflected
throughout the rest of the staff.
1.4
Partnerships are fundamental to achieving this vision: partnerships with parents, schools
and settings, statutory and voluntary agencies, and with central government. We will
invest time in developing better collaborations to achieve the best results for children
with SEN through the development of a Family and Children’s Trust, working to organise
services that will best meet the needs of the community.
2.0
POLICY
2.1
The County Council has an SEN Policy Statement that reflects its vision that wherever
possible all children will be educated in mainstream schools, but that where needs are
identified as being so complex that specialist provision is appropriate, inclusive
opportunities will be maximised. This means that pupils placed in specialist provision
will have the opportunity to spend time in a mainstream school and therefore this places
responsibilities and expectations on both special and mainstream schools.
2.3
This policy is placed implicitly on a number of principles which put the learner first:
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All learners are valued and respected as equal members of their learning
community
The views of learners and their parents/carers will be sought and valued
Learners and their parents/carers will be given access to information and advice
that will allow them to make important choices
5
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All learners should receive the support necessary to progress towards their
potential
Learners and their needs will be central to the planning and delivery of services
2.4
The policy is part of the SEN handbook for schools and services which details
identification procedures and criteria for assessment.
3.0
PARTNERSHIP WITH PARENTS2
3.1
We believe that parents should be supported in playing an active and valued role in their
child’s education. As the Code of Practice states, “Partnership with parents plays a key
role in promoting a culture of cooperation between parents, schools, LEAs and others.
This is important in enabling children and young people with SEN to achieve their
potential.”
3.2
We are committed to working in partnership with parents and to deliver services in a
flexible way, which enables parents to participate fully in the decision making process
and for those services to be responsive to the needs of the children and their families.
3.3
Parent partnership services have a key role to play in ensuring that all parents with
children with SEN are supported and have timely access to all necessary information.
Currently parents have access to a Parent Partnership Service, advice from an
independent parental supporter and to conciliation arrangements with an independent
element for resolving disputes.
3.4
We will also ensure that LA’s SEN procedures and supporting information enable
parents and pupils to participate fully in the statutory assessment process and
subsequent reviews.
4.0
PARTNERSHIP WITH SCHOOLS
4.1
Whatever strategies the LA adopts, they can only be realised through partnership with
schools. We are committed to working openly with schools so that they are well
informed and have the information they need to act as equal partners. We recognise
that there will be occasions when the LA and schools have different view points about
the best ways to use the available resources, but we want to resolve these in open
debate, always with the shared aim of raising the achievements of Northumberland
pupils within an inclusive education system.
4.2
Whilst there may be tensions between a simplistic application of the respective agendas
for raising standards and social inclusion, we need to minimise these by ensuring that
schools are supported in offering a relevant curriculum for all pupils. This support will
include the provision of effective training to build capacity to meet a wide range of
needs. There will be a focus on promoting an inclusive curriculum by providing support,
training and guidance related to best practice, particularly in the case of national
priorities, ie literacy, numeracy, information and communication technology, behaviour
and attendance and personalised learning.
4.3
We endorse the findings of OFSTED in their report on strategies to promote educational
inclusion when they specify that some of the common ingredients for improving schools
are: strong management; a well-focused curriculum; good teaching; close monitoring
and effective personal support, together with clear communication to parents.
“Essentially, what makes the difference are the clarity, intensity and persistence of the
schools’ work and the rigour with which it is scrutinised. At best, all the energy of the
school serves the same end: raising standards.”
2
Reference to parents includes all those who have parental responsibility for a child, including corporate
parents.
6
4.4
We will support schools in increasing their capacity to provide for all pupils by
providing/advising on training which they have identified as necessary. We will provide
training funded through the delegation of resources for SEN so that schools are
confident in meeting their statutory duties.
4.5
We will look to schools engaging positively with us in driving forward the SEN agenda
and working with parents to ensure their confidence in school provision. We will expect
schools to include the principles of the Authority’s SEN policy within their school policies
and to demonstrate a whole-school approach to SEN built on best inclusive practice.
We also look to all schools within the continuum of provision working together
cooperatively and benefiting from the exchange of good practice.
4.6
We will continue to make specific training for SEN governors available to ensure
effective SEN governance and to enable them to advise their Governing Bodies of the
need for SENCOs to have sufficient status and time to carry out their duties. We will
facilitate a SENCO network.
5.0
PARTNERSHIP WITH OTHER AGENCIES
5.1
We endorse the principles of inter-agency working for children with SEN as described in
the Code of Practice for SEN:
“All services for children with SEN should focus on identifying and addressing the needs
of children and enabling them to improve their situation through:
i)
ii)
iii)
iv)
early identification;
continual engagement with the child and parents;
focused intervention
dissemination of effective approaches and techniques.
The objective should be to provide integrated, high quality, holistic support focused on the
needs of the child.”
5.2
We want to further develop our partnership working to realise these principles through
more effective collaboration, including joint training opportunities. The development of a
Family and Children’s Trust will be the key driver for progressing collaborative working
between agencies.
5.3
The objective of the Trust is to improve outcomes for all children and young people in
Northumberland by ensuring that we have services fit for the 21st century; approving
attainment; promoting and safeguarding the wellbeing of children and young people in
their families, at school and in the community; more accessible support services; earlier
identification of difficulties and more effective intervention; plus better coordination of
support for the most vulnerable and those in need of specialist service provision.
6.0
PARTICIPATION OF CHILDREN AND YOUNG PEOPLE
6.1
The revised Code of Practice for SEN emphasises the importance of finding out the
ascertainable wishes and feelings of children and young people and reviewing them
when decisions are made that affect them. It identifies as one of the critical success
factors:
“those responsible for special educational provision take into account the wishes of the
child concerned, in the light of their age and understanding.”
6.2
It is recognised that there is a fine line between listening and encouraging children and
young people to express informed preferences, and over-burdening them with decision
making procedures. We will support parents, schools and support services in striking
that balance.
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6.3
We will work with schools, pupils and parents to disseminate good practice on involving
children and young people and develop user friendly information which can be provided
in a variety of forms, including alternative and augmentative communication systems.
7.0
PROVISION FOR CHILDREN AND YOUNG PEOPLE WITH SEN
7.1
Inclusion is about the quality of children's experience in their schools and early years
settings; how they are helped to learn, achieve and participate fully in the life of the
school/setting. In common with the Government's vision for SEN inclusion we want to
see:
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schools/settings with the confidence to innovate and with the skills and specialist
support they need to meet the needs of all pupils successfully
special schools providing education for children with the most severe and
complex needs and sharing their specialist skills and knowledge to support
inclusion in mainstream schools
schools working together to support the inclusion of all children from their local
community
parents with confidence, that, in choosing a local mainstream school, their child
will receive a good education and be a valued member of the school community.
7.2
We are committed to removing the barriers to learning that many children encounter in
their school/settings. Our vision and policy recognises the importance of early
intervention, especially so in a child's early years. Identification and effective
intervention in the earliest stages of children's education can ensure that they are able
to make the most of their educational entitlement. We will achieve this by working in
partnership with parents and other agencies.
7.3
We aim to provide consistency and continuity of services across the Early Years
spectrum and will work closely with agencies and other initiatives, which are involved in
the planning and development of such services. In addition to this, we aim to ensure
that services are resourced so as to offer support that is of the highest quality, and that
the means of accessing the services are clear and transparent to all families.
7.4
Working alongside the Early Years Development and Childcare Partnership (EYDCP)
we will develop practices which take account of the range of early year settings and
ensure practitioners have access to appropriate service, support, training and
resources.
7.5
A priority for schools is to provide a set of learning experiences for all pupils which
reflect their needs and aspirations. Effective schools' systems for promoting inclusion
include:
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Regular review of the rationale for the curriculum, in terms of its coherence,
relevance and flexibility in responding to learners' needs
Effective systems for guidance, personal and social development and the care
and welfare of pupils
Appropriate procedures for assessment of special educational needs
The integrated provision of services where appropriate to enhance learning
through multi-agency involvement
Effective liaison across transitions, aimed at building on pupils' prior
achievements and experience
Use of a wide range of teaching approaches, consciously adapted to meet
pupils' learning needs and including cooperation amongst pupils, debate and
discussion, independence and choice.
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7.6
Our vision and policy also recognises the vital role of Northumberland's specialist
settings within the continuum of provision, and that whilst the needs of more children
and young people with SEN can be met within mainstream schools with a support of
specialist services as appropriate, a number of children will benefit from accessing more
specialised supportive settings. Special schools and special units attached to
mainstream schools are therefore key elements in the Northumberland system. We
need to ensure that the provision we offer in our special schools is not only of the
highest quality, but is sufficiently flexible to offer the most inclusive opportunities for
pupils. There are already some examples of good work between mainstream and
special schools.
7.7
In addition to this we need to monitor and analyse closely information about pupils'
special educational needs. It is important that we review existing provision in the light of
trends and demands and plan for any new provision that might be required. We need to
take account of the following considerations:
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7.8
The proportion of children educated in special schools should fall over time as
mainstream schools grow in their skills and capacity to meet a wider range of
needs
A small number of children have such severe and complex needs that they will
continue to require special provision
Children with less significant needs – including those with moderate learning
difficulties and less severe behaviour, emotional and social needs – should be
able to have their needs met in a mainstream environment
Co-locating special and mainstream schools, the development of resourced
provision and special units in mainstream and dual registration can all help
children to move between special and mainstream schools and support transition
to mainstream education, as can effective use of specialist SEN support
services.
We want to break down the divide between mainstream and special schools to create a
unified system where all schools and their pupils are included within the wider
community of schools, by:

Promoting greater staff movement across phases, to share expertise and
experience in working with children with higher levels of need. We also want to
see more pupils moving between the phases, with consideration given to the
scope for a dual placement for transition to a mainstream school. We need to
consider the potential of special school outreach to complement existing advice
and support services, and plan strategically to promote such developments.

Encouraging more special schools to participate in a federation and partnership
arrangements with their mainstream counterparts. Collaboration brings real
benefits – building on the strengths of each phase, from management and
leadership arrangements through to tailoring the curriculum to meet the needs of
individual children. The minority of pupils are currently having their needs met in
placements outside Northumberland. These placements can made it difficulty
for children to be included in their local community and wherever possible we
want to be able to provide for them in Northumberland. For the minority of pupils
for whom we cannot make provision, we will work with other relevant agencies to
improve arrangements for monitoring their placements and ensure that
everything possible is done to offer them inclusive opportunities in their local
communities.
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7.9
Schools need access to specialist SEN advice and support to help them identify and
meet children's needs and to provide backup when children's needs substantially
change or crises occur. The Council's SEN specialist support services play an
important role in providing this through the Educational Psychology Service, the
Behaviour Support Service, Portage Service and teams of specialist teachers for
communication, literacy, hearing and visual impairment. Development for the Family
and Children's Trust provides an opportunity to consider possible improvements to the
changing role of, and demand for, the way in which specialist support is coordinated and
managed, particularly alongside the envisaged role for special schools.
8.0
RESOURCES AND DELEGATION
8.1
We know that to build on the capacity of schools and early years providers to meet a
wide range of needs, available resources should be located where they can be used
most effectively and flexibly whilst ensuring that the LEA’s responsibilities for SEN are
met. To do this we are delegating to schools most of the resources available for pupils
with high incidence statements.
8.2
We recognise the need for an open style of working and will provide all relevant
information about the cost of services and the resources available for delegation.
Currently schools are accessing additional resources for some pupils with SEN through
statements. We want to reduce the reliance on statements, but make sure that pupils’
needs are met at least as appropriately as they were through statements, but in the
majority of cases far more effectively. This will be possible when resources are not
attached to individual pupils, but given to schools to use flexibly whilst ensuring that
individual needs are met.
8.3
The LA delegated its previously centrally managed budget that supported mainstream
pupils with statements in April 2003, and made significant investment in early
intervention during 2003/04 and 2004/05. School budgets were increased to support
children and young people with high incidence SEN, and central SEN support services
were enhanced to provide increased access to educational psychology, literacy,
language and communication, and behaviour support. The long term aim is to pass on
to schools the funding which currently supports high incidence SEN and reduce
reliance on statements.
8.4
The LA recognises that there will be concerns when arrangements are made through
alternatives to statements, given the longstanding dependency on these to obtain
additional resources. We will work with parents and schools to allay those fears and
share the experience of other authorities where delegation has resulted in better
provision for pupils with special educational needs. To ensure that appropriate
provision continues to be made for those pupils, delegation of resources will be
accompanied by effective monitoring arrangements, which include support for school
self evaluation.
8.5
We will work with schools to determine the best use of SEN support services in making
inclusion a reality for more children, within the context of increased delegation. Schools
will be consulted about whether SEN support services should be delegated. Where it is
decided that a given SEN support service is not to be delegated to schools, then the
service concerned will be expected to draw up clear service specifications with schools.
Their budget arrangements will be openly available and there will be systems to ensure
quality assurance.
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9.0
MONITORING AND EVALUATING THE IMPLEMENTATION OF THE SEN
INCLUSION STRATEGY
9.1
MONITORING
Monitoring progress in relation to each Key Objective will be the responsibility of the
Lead Officer. Formal monitoring which includes a brief written record of progress will be
provided by the Lead Officer as part of a regular reporting cycle. A range of sources of
data to support monitoring will be increasingly available through the Management
Information Service of the LEA and the Inspection and Advisory Service:
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9.2
Best Value Performance Indicators
Analysis of Ofsted Inspection Reports, especially judgements about SEN
provision and Educational Inclusion;
Analysis of other published reports, eg HMI or SSI reports;
A wide range of national benchmarks information;
Performance data; SATs; P Scales and pupils’ outcomes analysed by gender,
ethnicity, age, type of need;
Evaluation reports of other related plans
Admissions, transfers and patterns of placement;
Evidence from the statutory assessment process, eg professional advice
reflected in curriculum planning;
Parental involvement and views, including complaints and tribunal activity;
Monitoring the effectiveness of schools’ policies and procedures;
Results of the Audit Commission Survey and other customer surveys;
Best Value reviews;
Partnership boards/steering groups/working groups papers and minutes;
School Improvement Plans;
Reviews of the effectiveness of the Governing Body and the SEN Governor,
including the role of the Governor for SEN;
The efficiency of transport;
CPD courses and evaluations, and the impact of training on pupils’ learning;
Reports from relevant intervention programmes;
Exclusions data.
EVALUATION
Evaluation is about how well the activities have met or are on course to meet the
outcomes stated, and what the impact of the activities have been in making a difference.
The monitoring reports will feed into evaluation reports which will draw on:
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The achievement of a specific quantifiable outcome, for example, the percentage
of statutory assessments completed in 18 weeks;
Views of stakeholders gathered in an objective way;
Evaluation reports, both internal and external;
Inspection Reports.
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9.3
KEY OBJECTIVES
Monitoring and evaluation of the implementation of this strategy will be supported by
measuring the progress made in reaching the following key objectives:
9.3.1
To engage with schools, settings and relevant stakeholders with a view to
developing a shared commitment to inclusion as an integral part of raising
achievement.
9.3.2
To have clear policies in place on all relevant actions of SEN.
9.3.3
To ensure that parents have the information and support necessary to play an
active and valued role in decisions affecting their child’s education.
9.3.4
To work with schools to increase their capacity to meet the widest range of
individual needs and raise attainment for all pupils within effective inclusive
practice.
9.3.5
To ensure that the County Council’s SEN Inclusion Strategy is monitored and
evaluated. To improve multi-agency working
9.3.6
To promote the participation of children and young people in decisions affecting
their education.
9.3.7
(a)
To increase the capacity of Early Years providers to include children with
SEN in their communities.
(b)
To develop flexible ways of supporting children with complex needs.
(a)
To ensure that central and delegated resources are allocated
transparently and used effectively.
(b)
To improve the County Council’s performance in meeting its statutory
obligations.
9.3.8
9.3.9
To ensure that the County Council’s SEN Inclusion Strategy is monitored and
evaluated.
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SPECIAL EDUCATION POLICY
The County Council as LEA:
1.0
Will develop a framework within which schools can operate, know what is needed
and how best to arrange it, and which recognises schools’ increasing autonomy
whilst ensuring that individual children’s needs are identified and matched by
appropriate provision. With this in mind, the County Council will:
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ensure the provision of factual information and advice to schools together with
the identification and dissemination of good practice
allocate funding to school budgets which takes account of a school’s differing
needs, in consultation with schools
will review its pattern of provision in order to be responsive to take account of
changing factors such as legislation and demography.
maintain a sound process to assess and allocate resources to children with SEN
according to clear, agreed and objective criteria
issue and maintain Statements for children with significant SEN whose needs
cannot be met from the resources already delegated to schools
promote high quality educational psychology and specialist teaching services
promote partnership and links with Social and Health Services’, the voluntary
sector and parents about the planning and coordination of children’s services
The County Council will promote high standards of education for children with SEN,
encourage schools to have high expectations and support schools in setting suitable
targets for pupils. The County Council will use the statutory guidance contained within
the SEN Code of Practice as the basis for its decisions and processes in relation to
individual children. It will strive to complete statutory assessments quickly and
accurately, within prescribed timescales. It will strive to make informed, consistent
decision-making that is based on secure evidence. Any documentation that is required
of schools, parents or others with an interest in a given child will be related to the
requirements of the Code of Practice.
2.0
Will provide independent information and advice for parents about SEN
procedures, school-based provision and additional sources of help and
information in order that parents can play a full part in the education process.
Parents of children who become involved with the statutory assessment process will be
informed about the availability of the Parent Partnership Service and will be informed
about the range of options that are available for their child’s education. The County
Council will also encourage schools and other educational settings to inform parents
about the Service in the case of children who are at an earlier stage of the Code of
Practice. Parents will be given information to help them access the regional Facilitating
Agreement in the North-East mediation service, and the SEN Tribunal, if discussions
with parents are unable to achieve mutual agreement.
3.0
Will seek to ascertain the views of children and young people about their needs
and aspirations and how they might like their needs to be met as part of the
statutory assessment process and reviewing of Statements. The views of the child
will be given due weight during any decision-making process.
4.0
Will ensure that there is fairness, consistency and transparency in decisions that
relate to SEN. Where a child’s circumstances appear to indicate the need for statutory
assessment, these will be considered by an SEN Panel of Named Officers, advisers and
headteachers. Members of the Panel will bring to bear a range of perspectives within
the County Council who have the opportunity to consider all the appropriate information
about a child that is available. The LA, through the Named Officer, will take account of
these discussions in arriving at a decision about an individual child. The Named Officer
for the child will, in turn, arrange to discuss the County Council’s considered view with
the parent at the earliest possible opportunity thereafter.
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5.0
In coming to a view about whether or not to proceed with a statutory assessment,
the County Council will consider a wide range of evidence supplied by parents
and relevant professionals. In doing so it will take account of each child’s individual
needs, for example:
5.1
What the child does in school and home in relation to benchmark expectations. An
evaluation will be made of key skills, which will usually include reading, writing, number,
reasoning, language, and relevant behavioural/social skills. The County Council will be
informed by age norms and standardised assessments and give appropriate weight to
the functional use to which these skills are put in the normal environment of an
appropriately differentiated school curriculum.
5.2
Whether relevant and purposeful action has been taken by the school to resolve the
difficulty. The County Council will seek evidence not just on needs alone, but also will
look to confirm with documented evidence that those needs have been addressed
through Individual Education Plans. Documented evidence will be evaluated in terms
of:





A clear analysis of the child’s functioning
Records of Individual Education Plans prepared to address the child’s needs
Appropriate involvement of outside agencies as part of the Individual Education
Plan
Written evidence of review, monitoring and evaluation of the above
Parental views together with child’s views when appropriate
5.3
Whether sufficient progress or improvement is being achieved so as to make statutory
assessment inappropriate. A judgement will be made as to whether the rate of progress
shown can be expected to continue and the child’s difficulties remediated to the extent
that the Local Authority is not required to intervene.
5.4
Whether, in the child’s learning context, his/her needs are being addressed to the same
extent as those of his/her peers. Alongside the other considerations, above, the County
Council will consider the accessibility of the curriculum to the child in relation to the
curriculum on offer to his/her peers.
5.5
The County Council has also developed guidance in relation to statutory assessment in
order to support its decision-making processes and to help maintain consistency of
approach. These guidelines focus on a number of principal areas of need described in
the SEN Code of Practice, although it is recognised that hard and fast categories of
need cannot be assumed. Some youngsters will have special educational needs which
fall across a number of areas and which are not necessarily restricted to the categories
identified within the Code of Practice. In such cases, careful consideration will be given
as to whether the combination of difficulties requires statutory assessment, a statement
and resources additional to those which can be provided from within the school’s
delegated budget.
The principal areas of need referred to in the Code of Practice are:

severe and complex behaviour, emotional and social development

physical disability, medical and sensory needs

cognition and learning

-
severe and complex general learning difficulties
-
severe and complex specific learning difficulties
communication and interaction
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-
severe and complex speech and language difficulties
-
autistic spectrum disorder
6.0
In coming to a view whether a statement is required following statutory
assessment the County Council will come to a view about whether the child’s
Special Educational Needs can or cannot reasonably be provided for from within
the resources normally available to mainstream schools in the area.
7.0
Where a statement is required for a child the County Council will:
7.1
Take as its starting point that a child should receive its education in a mainstream
setting, unless this would be incompatible with:
(i)
(ii)
7.2
the wishes of the child’s parents;
the provision of efficient education of other children (DCSF guidelines within its
November 2001 circular “Inclusive Schooling: Children with Special
Educational Needs” provide a basis for such consideration).
Where a parent expresses a preference for a maintained Special School then the LEA
will, in reaching its decision, have regard for:
(i)
(ii)
whether the Special School is suited to the child’s age, ability or aptitude or to
his special educational needs;
whether the child’s inclusion at the school would be incompatible with the
efficient education of other pupils or the efficient use of resources.
7.3
Where the parent wishes his/her child to attend an independent or non-maintained
Special School at the expense of the County Council, then the County Council will have
general regard for Section 9 to the Education Act 1996 which sets out the condition that
LA compliance with the parental request must be compatible with the avoidance of
unreasonable public expenditure. The County Council will weigh in individual cases the
nature of the special education provision offered within the parent’s preferred placement
and the cost of that placement, relative to that which can be provided through the
maintained sector.
8.0
Will continue to improve the accessibility of its schools through the County
Council’s planned capital programme and in accordance with its accessibility
strategy for meeting its requirements under the Disability Discrimination Act.
9.0
Will only make residential school placements where the County Council has
exhausted all its options and cannot make suitable provision locally. On these
exceptional occasions, the necessary circumstances would typically arise when a school
is too far away for the child to attend as a day pupil or when the child’s special
educational needs would not otherwise be met. The County Council will have regard for
paragraphs 8.87-8.90 of the Code of Practice where the parents’ preferred choice of
maintained school might be further away from the child’s home than another maintained
school that can meet the child’s special educational needs.
10.0
Will provide and/or broker opportunities for:


the professional development of teachers and support staff working with children
who have SEN
School Governors in relation to their duties and responsibilities towards children
with SEN
within the context of schools’ delegated responsibilities under the terms of Fair Funding.
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11.0
Will work with Governing Bodies with a view to developing their commitment
towards:
11.1
recognising and supporting inclusion within school Development Plans and relevant
policies.
11.2
promoting a whole school ethos that values all children and promotes inclusion through
the development of positive attitudes amongst pupils, staff and parents to include all
children in meaningful ways
11.3
supporting flexible and creative responses to diverse individual needs
11.4
ensuring that appropriate assessment and support arrangements are in place for
children with SEN in line with the Code of Practice
11.5
enabling staff to access suitable professional opportunities which will support the
development of inclusive practice.
12.0
Will work with headteachers with a view to developing their commitment towards:
12.1
ensuring that all aspects of the SEN pupil’s school life are handled positively and
sensitively.
12.2
promoting high standards of education for pupils with SEN
12.3
encouraging pupils with SEN to participate fully in their school and to take part in
decisions about their education
12.4
making the best possible use within school of existing staff expertise and creativity.
12.5
developing and supporting staff discussion about effective SEN practice.
12.6
working collaboratively with other schools and support agencies to find ways of
supporting inclusive practice, sharing good practice and intervening early over
problems.
12.7
actively supporting the work of the SENCO in accordance with the Code of Practice.
12.8
ensuring that staff recognise the importance of the Code of Practice by including
relevant objectives for SEN pupils within the whole school development plan.
13.0
Will work with teachers and support staff with a view to developing their
commitment towards:
13.1
recognising the importance of working collaboratively with parents in accordance with
the Code of Practice.
13.2
taking account of the individuality of pupils as learners by planning experiences for them
which are closely matched to their abilities and previous achievements and planning
lessons which can engage everyone in the classroom.
13.3
designing and/contributing and implementing appropriate Individual Education Plans
required for individual children.
13.4
developing and refining the practice of teaching in varied and inventive ways through
using a variety of teaching styles and approaches.
13.5
making sure that pupils with SEN receive positive messages rather than an
accumulation of negative responses.
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13.6
involving support assistants in lesson planning and the children’s learning in an
imaginative way.
14.0
MONITORING AND REVIEW OF THE POLICY
This policy will be regularly monitored and reviewed to ensure that it is implemented
appropriately and is achieving its intended purpose. The framework for this will include:








data drawn from the Education Directorate’s database, providing information
relating to assessment timescales, the number, type and distribution of
Statements.
headteacher representation at SEN Panel meetings.
feedback from parents via the annual review process and Parent Partnership
Service.
School Governing Body annual reporting on SEN arrangements.
School Improvement Adviser monitoring visits of schools.
The work of the SEN Monitoring Officer
OFSTED inspections of schools’ arrangements for implementing the code of
Practice, provisions for SEN pupils and developing/reviewing their SEN policies.
Reporting on SEN arrangements to the SEN Partnership Board, Schools Forum
and Elected Members
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THE LEGISLATIVE CONTEXT
1.0
The SEN framework is set out in the Education Act 1996, SEN & Disability
Discrimination Acts 2001 and 2005, the SEN Code of Practice, and the Code of Practice
on School Admissions. The following information is not intended to be an exhaustive
summary of these provisions which remain the definitive sources of the LA’s statutory
duties. The framework involves, in particular:
1.1
Five key principles identified within the SEN Code of Practice:
(i)
(ii)
(iii)
(iv)
(v)
a child with special educational needs should have their needs met;
the special educational needs of children will normally be met in mainstream
schools or settings;
the views of the child should be sought and taken into account;
parents have a vital role to play in supporting their child’s education;
children with special educational needs should be offered full access to a broad,
balanced and relevant education, including an appropriate curriculum for the
Foundation Stage and the National Curriculum.
1.2
Children who have SEN but do not have a Statement must, except in a very small
number of specific circumstances, be educated in a mainstream school. Schools cannot
refuse to admit a child with SEN but without a Statement, and parental applications for a
place in a school must be judged against the normal admissions criteria (Code of
Practice on School Admissions).
1.3
The starting point for children who have Statements is always that they will receive
mainstream education. A child with a Statement must be educated in a mainstream
school unless this would be incompatible with:


The wishes of the child’s parents.
The provision of efficient education of other children.
(2001 SEN & Disability Discrimination Act).
1.4
The LA must have regard to the general principle that pupils are to be educated in
accordance with the wishes of the parent (Section 9, Education Act 1996).
1.5
The above point (d) is a qualified duty on the LA, however:


Section 9 of the 1996 Act sets out the condition that parental preference must be
compatible with the provision of efficient instruction and training and the
avoidance of unreasonable public expenditure.
Schedule 3, paragraph 9 of the 1996 Act establishes a qualified duty on the LEA
to specify in the Statement the name of the parents’ preferred choice of school
unless that would be incompatible with the efficient use of resources.
1.6
Governing Bodies of maintained schools must use their best endeavours to secure that
any pupil who has special educational needs receives the special educational provision
their learning difficulty calls for. This includes ensuring that teachers are aware of the
importance of identifying, and providing for, pupils with special educational needs
(Section 317 of the 1996 Education Act).
1.7
The 2001 Act and Disability Rights Commission Code of Practice (Schools) requires that
schools and LAs must:


not treat disabled pupils less favourably, without justification, for a reason which
relates to their disability;
take reasonable steps to ensure that disabled pupils are not placed at a
substantial disadvantage compared to other pupils who are not disabled (but
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there is no duty to remove or alter physical features or provide auxiliary aids or
services);
plan strategically for and make progress in improving the physical environment
of schools for disabled children, increasing disabled pupils’ participation in the
curriculum; and
ensure that the written information is provided to pupils who are not disabled is
also provided to disabled pupils.


These duties apply to all schools and are “anticipatory”, that is, they apply to potential
pupils, not only those currently on roll.
1.8
The County Council has specific duties in respect of children for whom it is responsible.
These children are:




1.9
registered pupils in maintained schools who are below the age of 19 years
pupils for whom the LA is providing education at schools which are not maintained
other pupils who have been brought to the LEA’s attention as having (or probably
having) SEN
children who are not registered at any school, but are over the age of 2 and under
16 years and have been brought to the LA’s attention as having (or probably having)
SEN.
The following sections of the 1996 Education Act provides the statutory basis for any
working definition of Special Educational Needs:
S 312
A child has SEN if he has a learning difficulty which calls for special
educational provision to be made for him
A child has learning difficulties if:
(a)
(b)
(c)
He has a significantly greater difficulty in learning than the majority of
children of his age, or
He has a disability which either prevents or hinders him from making
use of educational facilities of a kind generally provided for children of
his age in schools within the area of the LA, or
He is under the age of 5 years and is, or would be if special
educational provision were not made for him, likely to fall within (a) or
(b) when over that age.
Special Educational Provision for children over 2 years is educational provision which is
additional to, or otherwise different from, the educational provision made generally for
children of that age in mainstream schools.
(for children under 2 years, it is educational provision of any kind).
S 321
The LA has a duty to identify children who:
 have special educational needs;
 and where it is necessary for the LEA to determine special educational
provision
S 323
The LA has a duty to assess a child’s needs where:
 he has, or may have SEN;
 it is, or may be, necessary for the LEA to determine the Special
Educational Provision which any learning difficulty calls for.
S 329
The LA has a qualified duty to assess on parental request (subject to initial
investigation of the child’s circumstances, in accordance with S 323 and the
Code of Practice).
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S 331
The LA may assess a child under 2 with the consent of parents; and must
assess on parental request where the S 323 criteria apply.
S 324
The LA has a duty to make a statement of a child’s SEN where it is
necessary for the LA to determine the special educational provision which
any learning difficulty a child may have cause for.
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