1.1. Outline the legislative context for the role of the special educational needs coordinator, with reference to codes of practice as relevant to the UK Home Nation

This guide will help you answer 1.1. Outline the legislative context for the role of the special educational needs coordinator, with reference to codes of practice as relevant to the UK Home Nation.

The role of a Special Educational Needs Coordinator (SENCO) is critical in ensuring that children and young people with special educational needs (SEN) are supported in schools and other educational settings. This responsibility is shaped by a clear legislative framework in England, which is outlined in acts, regulations, and statutory guidance. These laws establish SENCOs’ legal duties, ensuring that children with SEN can access education tailored to meet their needs. This guide covers these requirements and highlights the relevant codes of practice that govern the role.

The Children and Families Act 2014

The Children and Families Act 2014 is the most significant legislation shaping the role of the SENCO in England. It replaced the previous SEN framework, introducing key changes designed to improve the way educational settings identify and assess children with SEN. Under this act:

• Schools and local authorities must provide coordinated support for children and young people with SEN and disabilities up to the age of 25.
• Education, Health, and Care (EHC) plans replace the older system of statements of special educational needs. These plans outline the child’s needs and set out the support required.
• Parents and young people have a greater voice in decisions about SEN support.
• Mainstream schools must use their “best endeavours” to meet the needs of pupils with SEN.

The act specifically requires that every school appoint a SENCO to oversee the identification and provision of SEN in the school. This duty ensures that schools fulfil their obligations under the law.

Special Educational Needs and Disability (SEND) Code of Practice: 0 to 25 Years (2015)

The SEND Code of Practice provides practical guidance on how schools and local authorities should meet the requirements of the Children and Families Act 2014. SENCOs must follow this code to perform their role effectively. Key aspects include:

• Identifying SEN early through monitoring and assessment.
• Working collaboratively with parents, carers, and young people to develop an effective support plan.
• Coordinating interventions and support strategies.
• Ensuring that teaching staff receive adequate training to work with children with SEN.
• Leading the graduated approach of “Assess, Plan, Do, Review” to address SEN.

The code specifies that every mainstream school and academy must have a SENCO who is appropriately qualified and trained. New SENCOs are required to complete the National Award for SEN Coordination (a postgraduate qualification).

The Equality Act 2010

The Equality Act 2010 supports the rights of children with SEN and disabilities. It places duties on schools and educational settings to eliminate discrimination, advance equality of opportunity, and foster good relationships. For SENCOs, this means:

• Ensuring that children with disabilities are not treated unfairly.
• Making “reasonable adjustments” to school policies, buildings, and procedures to avoid disadvantage.
• Offering auxiliary aids and services to support children with SEN or disabilities.

The act also covers the concept of “inclusive education,” which promotes equal access to learning opportunities for all children, regardless of ability.

Education Act 1996

The Education Act 1996 contains sections that remain legally binding despite newer legislation like the Children and Families Act. It defines the responsibility of local authorities to ensure that children with SEN receive appropriate education. SENCOs need to understand this act as it underpins their collaboration with local authorities, ensuring that resources and funding are allocated correctly.

The act also emphasises that children with SEN should usually be educated in mainstream schools wherever possible. SENCOs must work with teachers and other professionals to achieve this aim, ensuring the correct support is in place.

The Care Act 2014

The Care Act 2014 aligns with the Children and Families Act to ensure better coordination between children’s and adult services for those with SEN or disabilities. While this act primarily relates to social care, SENCOs may need to engage with it when supporting young people approaching adulthood. The act ensures smooth transitions from children’s services to adult services for those with long-term needs.

The Role of the SENCO in Practice

The legislative framework defines several responsibilities for SENCOs. These include:

• Identifying SEN: SENCOs ensure that pupils with SEN are recognised early. This might involve gathering information from teachers, observing pupils, or involving other specialists such as educational psychologists.
• Organising SEN Provision: SENCOs are responsible for creating, monitoring, and adapting the provision for pupils with SEN. This requires a flexible and collaborative approach with teachers, parents, and external agencies.
• Staff Training and Development: A SENCO provides advice and training to teachers so they can deliver Quality First Teaching. This means that all pupils, regardless of ability, benefit from good teaching practices.
• EHC Plans: SENCOs work with local authorities to request, draft, and review EHC plans. They also ensure that these plans are followed and updated when necessary.
• Monitoring Progress: SENCOs use data and feedback to evaluate whether the support offered is helping children make progress.
• Ensuring Inclusion: SENCOs play a key role in creating an inclusive school environment where children with SEN feel welcome and supported.

Key Policies for SENCOs

SENCOs are required to create and maintain specific policies in their schools. These may include:

• SEN Policy: Outlining how the school identifies and supports children with SEN.
• Inclusion Policy: Explaining how all pupils, regardless of their needs, are fully involved in the life of the school.
• Accessibility Plan: Detailing how the school removes barriers to education and physical access for pupils with disabilities.

These documents ensure legal compliance while demonstrating the school’s commitment to equal opportunities.

Other Relevant Legislation

Several other laws impact the practice of SENCOs. Although these may not relate directly to SEN, they affect the wider responsibilities of a SENCO. This includes:

• The Mental Capacity Act 2005: Ensuring young people aged 16+ can make decisions for themselves where possible.
• The Data Protection Act 2018: Governing how sensitive information relating to pupils with SEN is stored and shared.
• The Human Rights Act 1998: Guaranteeing the rights of children with SEN to education and respect for their individual dignity.

Issues Addressed Through Legislation

The legislative framework responds to common issues faced by SENCOs and educational settings, such as:

• Lack of coordination between different services.
• Difficulty accessing funds or resources.
• Ensuring that teachers feel supported to work with children with complex needs.
• Balancing the individual needs of children with SEN while maintaining high-quality education for all pupils.

The laws, regulations, and guidance provide clear procedures for addressing these situations. This creates accountability for both schools and local authorities.

Training and Professional Standards for SENCOs

The legal obligation for new SENCOs to complete the National Award for SEN Coordination ensures they are adequately prepared for their role. This postgraduate training includes:

• Leadership and management skills for working with school staff.
• Understanding legal responsibilities and the wider educational context.
• Developing strategies for collaboration with parents, carers, and external professionals.

Ongoing professional development is also key. SENCOs should stay updated with changes to legislation, research, or best practices relating to SEN.

Final Thoughts

The legislative framework for the role of the SENCO, dominated by the Children and Families Act 2014, the SEND Code of Practice, and the Equality Act 2010, ensures that the rights of children with SEN are safeguarded. By following these laws and working within this context, SENCOs provide essential leadership in creating inclusive educational environments. They ensure that every child has the opportunity to learn, develop, and achieve their potential.