The Education Act 1996 Section 312(2) as amended by the SEN and Disability Act 2001 provides the legal definition of learning difficulty. A child has a “learning difficulty” if: (a) he has a significantly greater difficulty in learning than the majority of children his age, (b) 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 local authority, or (c) he is under the age of five and is, or would be, if special educational provision were not made for him, likely to fall within paragraph (a) or (b) when of or over that age.

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Supporting Children With Special
Educational needs in school
Learning difficulty
Special educational provision
The Education Act 1996
Section 312(2) as amended The Education Act 1996 Section
by the SEN and Disability Act 312(4) provides the legal definition of
2001 provides the legal definition special educational provision.
of learning difficulty. A child has a
“learning difficulty” if: Special educational provision means:
(a) he has a significantly greater (a) for children of two or over,
difficulty in learning than the educational provision which is
majority of children his age, additional to, or otherwise different
from, the educational provision made
(b) he has a disability which generally for children of their age in
either prevents or hinders him schools maintained by the LA, other
from making use of educational than special schools, in the area, or
facilities of a kind generally
provided for children of his age (b) for children under two, educational
in schools within the area of the provision of any kind.
local authority, or
School Action and School
(c) he is under the age of five Action Plus
and is, or would be, if special
educational provision were not Every school is provided with a
made for him, likely to fall within budget to support children with
paragraph (a) or (b) when of or special educational needs and will
over that age. have a Special Educational Needs
Co-ordinator (SENCO) responsible
for managing this support. Support

2. Supporting Children With Special
Educational needs in school
is provided in two ways; through
School Action or through School Getting Further Help
Action Plus. School Action is defined
as the school providing intervention If, despite the extra support
additional to or different from that provided through School Action
normally offered in its differentiated Plus, a pupil is still not making
curriculum. School Action Plus is satisfactory progress, it may be that
where the pupil’s needs are such additional resources are required
that the school has to consult above that which the school can
outside agencies - for example the reasonably be expected to provide
educational psychologist. from its own resources. If this is the
case parents and/or
Parents MUST be informed and
involved if their child receives support the school can request a “Statutory
in this way. Assessment of Special Educational
Need”. A Statutory Assessment
It is also helpful if parents can keep is an in depth multi-disciplinary
evidence of a child’s progress, assessment of a child’s needs
possibly through keeping a diary and the provision required to meet
of their concerns when progress is them. The LA must decide within
less than expected, to share with six weeks whether or not to carry
the class teacher and SENCO. out the Statutory Assessment. If
The school should also closely the LA turn down the request they
monitor the progress a pupil makes must give clear reasons why and
as a result of this extra support so let the parents know they have a
that further action can be taken, if right of appeal to the SEN Tribunal.
required. This monitoring will include In deciding whether to assess,
an Individual Education Plan (IEP) the LA will look at the school’s
which Shine advisers can help with own assessment of the child’s
if requested. This will have 3 - 4 difficulties (including what the
short-term targets, strategies and school has done so far; the child’s
resources used and possibly advice academic attainment; the child’s
for parents. The IEP is reviewed 2 - progress) the assessments of other
3 times a year when outcomes are professionals involved and last
discussed and new targets set. Not but not least, parental views. This
only are parents involved but also the is why it is useful, as mentioned
views of the child are considered. earlier, to keep a diary to provide
the evidence needed.

3. right of appeal. In this case an LA
The Statutory Assessment might decide to issue a ‘Note in lieu’,
which is rather like a Statement in that
As part of the process of formal it describes a child’s needs, makes
assessment the LA MUST seek recommendations on provision and
written advice from: has the advices attached but is not
legally binding.
• The parents
• Medical professionals ask for a further fifteen days. This is
• The Educational Psychologist a crucial stage in the process and
• Social Services Shine would encourage parents to
• The child contact the Area Adviser/Education
• Any other person suggested by the Adviser to discuss the proposed
parent (This could include the Shine statement with them.
Area Adviser).
The Proposed Statement is divided
All schools will have the ‘SEN Toolkit’ up into 6 parts. These are
(also available from DFES) and
section 8 could be helpful to parents Part 1 - Personal details such as
when writing their reports. Carrying names and addresses
out the Statutory Assessment should
take no longer than ten weeks. Part 2 - A description of the child’s
needs
After the Statutory
Assessment is Completed Part 3 - A list of objectives, the provision
required to meet the identified needs
The LA will send parents copies of and monitoring arrangements. It is
all the advice obtained (better LAs vital that the provision is both specific
will send parents copies as soon as and quantified. It is important to avoid
they receive them) together with their vague and generalised wording.
decision. The LA will then decide
whether to issue a Statement of Part 4 - The placement, although
Special Educational Need, a legal this has to be left blank in proposed
document setting out the child’s Statements
needs and the provision required to
meet those needs. If they decide not Part 5 - Non-educational needs,
to issue a Statement, they must tell often including physiotherapy needs
parents why and notify them of their or OT needs.

4. Supporting Children With Special
Educational needs in school
Part 6 - Non-educational provision, words or phrases such as ‘regular
the sort of physiotherapy required/ help from..’ or ‘opportunities for...’
transport, etc. Instead try and get wording such as,
‘1 hour per week individual speech
Parts 2,3,& 4 are legally binding on therapy by a qualified speech and
the LA; parts 5 & 6 are not. language therapist...’, ‘15 hours
of learning support assistance per
One important addition in the week to be used to deliver the above
revised Code of Practice is that provision’, or ‘A further 1 hour of
speech and language therapy support per day to be used during
should now normally be placed in the lunch break to asses John in
Part 3 of the Statement. eating and to ensure his safety
during play’.
What to look for in a
Statement It is often useful to have a meeting with
an LA officer to discuss the Proposed
Part 2 of the Statement should Statement and any changes you feel
provide a full description of the are needed. After this meeting you
child’s difficulties, making it clear to will be sent a Revised Proposed
school staff what she/he can and Statement. If you are still not happy
can’t do. with this version you can ask for
another meeting. Your Shine area
Part 3 should contain information Adviser and/or Education adviser will
on the provision required to meet be happy to advise you during these
all the needs identified in Part 2. negotiations.
There should be no room for doubt
about what is to be provided, who Following negotiations, the LA will
will provide it and how it will be send you a Final Statement. They
delivered. The code says “Provision must notify you that you have two
should normally be quantified (eg in months to lodge an appeal with the
terms of hours of provision, staffing SEN Tribunal if you still disagree with
arrangements) although there will the contents. Again, you can ask
be cases where some flexibility Shine about this.
should be retained in order to meet
the changing special educational Inclusion and Choice of
needs of the child concerned”. School
(Code 8:37). It is important therefore
to avoid vague and generalised When an LA issues a proposed

5. Statement they must leave part There is no legal right for a parent
4, the section naming the school, to express a preference for an
blank. They will wait until the final independent school.
statement names a school.
Annual Reviews
Parents of children who have
special educational needs now have A LA must review each Statement at
strengthened rights to a place in least once a year. This is called the
mainstream school (inclusion). So, Annual Review. The Headteacher
if a parent expresses a preference of the child’s school will arrange
for a maintained mainstream the review meeting and invite the
school, the LA must agree to this parents and all those working with
request unless - the child to attend and submit a
report.
• the school is unsuitable to the
child’s ability, ability and aptitude Parents can ask for people to be
or to his or her special educational invited as well, for example the
needs; Shine adviser. The meeting will
discuss the Statement to see if
• the placement will threaten the any amendments are needed or
efficient education of children with if it is still required and set new
whom the child will be educated; targets for the coming year. It is
vitally important that parents write
• the placement will result in an a report for consideration at the
inefficient use of resources. meeting. Also the views of the child
will be sought and if possible they
If the LA refuse a parent’s preference will be invited to attend all or part of
for a particular mainstream school, the meeting. After the meeting the
they must offer a place in another Headteacher will send a report of the
mainstream school unless that meeting and its recommendations
would be incompatible with the to the LA. When a child is changing
provision of efficient education for phase, for example from primary
other children. If there is an access to secondary school, the LA must
problem, LAs can apply for money complete the annual review and
to make any adaptations necessary. decide on the new placement by
15 February in the year of transfer.
Parents have the right of appeal
against the school named in Part 4.

6. They must inform parents about
Transition Plan this service and how to contact it.
Similarly, all LAs must establish a
The annual review in year 9 must disagreement resolution service
draw up a Transition Plan. This that provides an independent,
must draw together information appropriately trained person to
from a wide range of people in order mediate between parents and
to create a coherent plan for the the LA. It is important to note that
young person’s transition to adult using such a service does not
life. The Connexions Service must remove the right of appeal to the
be involved in drawing up this plan Tribunal.
and allocate the pupil a personal
adviser. Shine has information on Discrimination
Pupil Centred Transitions - see
information section archive on www. Issues around possible
shinecharity.org.uk discrimination on the grounds
of disability are addressed in a
Preventing and resolving separate Code of Practice. A
disagreement guide to this is available from
www.equalityhumanrights.com
Each LA must establish a Parent
Partnership Service to provide Further information
parents with a whole range of
advice and information about the www.education.gov.uk
special educational needs process.
Help us
Shine relies on people’s generosity and support so we can help our clients
who depend on us for help and advice - people with hydrocephalus,
spina bifida, their families and carers. To donate to Shine please visit
www.shinecharity.org.uk or call 01733 421329.
This information has been produced by Shine’s medical advisers and
approved by Shine’s Medical Advisory Committee of senior medical
professionals.
Shine - Registered charity no.249338
To see our full range of information sheets and to find out how to donate
to Shine please visit www.shinecharity.org.uk