What legislation is relevant to SEND?

The following are four of the key pieces of legislation and government policy relating to SEND and disability rights in the UK. 

(Please note: The legislation described relates to England and Wales, however, some provisions in these statutes only relate to England, for example, Part 3 of the Children and Families Act 2014. Scotland and Northern Ireland are separate legal jurisdictions and have their own legislation, which may vary from the provisions described).

You may prefer to listen to the details about the key legislation and policy. There is an audio file of the content in this step below.

The Autism Act 2009

This act created a legal obligation to provide adult Autism services in England: “The Act says that there has to be a Government strategy for improving services for autistic adults, underpinned by legally binding guidance to councils. It also has a built-in review – every five years or so – when the strategy and the statutory guidance are updated”. – NAS website

The Equality Act 2010 

Within this act, disability is one of nine ‘protected characteristics’. The act protects individuals with these characteristics from discrimination in a number of contexts, including education.

The Equality Act 2010 further develops and harmonises the duty to make ‘reasonable adjustments’ for individuals with disabilities. This refers to changes that are required to enable an individual with disabilities to engage with and access services and support and make them accessible. This could be changes in the physical environment, such as lifts or ramps, but it also refers to changes that enable individuals with learning disabilities to access services, for example, simplified text or larger font.

For more information on reasonable adjustments, please see Reasonable adjustments: a legal duty from gov.uk.

The Children and Families Act 2014

This act focuses on improving services for vulnerable children and their families, including children with SEND. It sets out the duty of Local Authorities to publish and maintain a ‘Local offer’ of education, health and social care services and provision and introduces Education Health and Care Plans (EHCPs). 

Education, Health and Care Plans are legal documents which describe the special educational needs, support requirements and desired outcomes for children and young people with SEND up to the age of 25. It requires an Education, Health and Care needs assessment and if issued, can be used as a mechanism through which to provide a child or young person with additional educational support as well as more choice about the school or other setting they can attend.

For an overview of Part 3 of the Children and Families Act 2014: children and young people with special educational needs and disabilities, please see Children and Families Act Brief PDF from the Council for Disabled Children.

The SEND Code of Practice 

This code of practice is linked to the Children and Families Act 2014. It came into force on 1 September 2014 and was published in January 2015. This is the current statutory guidance on SEND for schools and other educational institutions, as well as local authorities and health and social services. In this, ‘Education, Health and Care Plans’ (EHCPs) take the place of the ‘Statement of Special Educational Needs’ and are the key document which enables educational providers to identify and plan to address needs and regularly carry out reviews of these plans.

For more information, please see Special educational needs and disability code of practice: 0 to 25 years (January 2015) PDF from the Department of Health and Department of Education.

You may prefer to listen to the details about the key legislation and policy. There is an audio file of the content in this step below.

Have your say:

Think about the following questions and share your thoughts with fellow learners in the Comments section:

• What current legislation relating to SEND are you aware of? Can you explain what the legislation relates to?
• How do you think this legislation can ensure SEND needs are met?