Key Information
This page should give you a high level overview of the system, how I can help, together with answers to some questions, case studies etc and information on other resources.
This page should give you a high level overview of the system, how I can help, together with answers to some questions, case studies etc and information on other resources.
This is defined in Section 20 of the Children and Families Act 2014 ("CFA") as:
"A child or young person has special educational needs if he or she has a learning difficulty or disability which calls for special educational provision to be made for him or her."
You will see the abbreviation "CYP" which is short for Children and Young People.
This is defined in Section 21 of the Children and Families Act 2014 ("CFA") as:
"(1) Special educational provision", for a child aged two or more or a young person, means educational or training provision that is additional to, or different from, that made generally for others of the same age in -
(a) mainstream schools in England,
(b) maintained nursery schools in England,
(c) mainstream post - 16 institutions in England, or
(d) places in England at which relevant early years education is provided.
"(2) Special educational provision", for a child aged under two, means "educational provision of any kind."
Note - other sub-sections of Section 21 define "Health care provision" and "Social care provision"
Most special education provision is delivered to children by schools using their existing resources and other resources delegated to them.
In a minority of cases additional resources are required and an EHCP is the way this is obtained.
The Children and Families Act 2014 ("CFA") defines "Special Educational Needs" and includes reference to "disability"
When the CFA talks about disability it uses the definition in the Equality Act 2010 Section 6 (1) of which defines disability as follows:
"A person (P) has a disability if -
(a) P has a physical or mental impairment, and (b) the impairment has a substantial and long - term adverse effect on P's ability to carry out normal day - to - day activities."
"(2) Special educational provision", for a child aged under two, means "educational provision of any kind."
The current "Code of Practice" is the "Special educational needs and disability code of practice: 0 to 25 years" to give it its full title and "SEND" is clearly an abbreviation of "Special educational needs and disability".
"SEND" could therefore be seen as more inclusive that "SEN" but in reality the terms are often used interchangeably and nothing untoward should be assumed otherwise.
I am the father of four children, three of whom have diagnoses of dyslexia and two of those have further needs that are sufficiently extreme that meet the criteria for an EHCP. Both of these had to be fought for.
I have more than 25 years experience of the SEN system in England (in particular) and of helping children get Statements of SEN and Educational Health and Care Plans.
Initially this was on the periphery. My wife, Sarah, was employed as a Primary School Teacher and became SENCO in the days when SEN was managed under the first Code of Practice which came into effect on September 1st 1994. Rather later Sarah, combined her role of SENCO with that of Special Needs Teacher.
Sarah was a teacher and her core skills were teaching children rather than interpreting and understanding lengthy documents of bureaucracy and legalese. However, this fell into and area of strength of mine.
I, in effect, 'ghost wrote' the SEN Policy and Procedures for her school. This turned the Code of Practice into a simpler but appropriately detailed SEN Manual for the school showing what teachers had to do to comply with the Code of Practice and following the "Five Warnock Stages of SEN".
Similarly, when applications for a "Statutory Assessment" were made I supported my wife in preparing the documentation and presenting the case in a compelling manner. As a result, no request for a Statutory Assessment was declined by the Authority and the methodology used was used by the Local Authority as an example of Best Practice.
Sarah stopped work for a while after our own children started to appear but she was engaged on an ad hoc basis by her old school to put together applications for Statutory Assessments and I continued to help her as I did before.
Since Sarah has returned to work, building her own business as a private tutor, focussing mainly on children with SEN, I have given a range of advice, support and coaching to parents of her pupils and working through the system. I have coached and guided Sarah in preparing to appear at Tribunal hearing. As stated at the outset, two of our children have EHCPs and both of these were a fight with the Local Authority.
My professional career was as an insurance broker in the City of London. My clients were varied and included Oil and Gas and infrastructure companies, Private Equity Funds and Investment Banks and insurers themselves. It was there that I developed strong skills in analysing complex documents and legal contracts, condensing and summarising them and forming persuasive and compelling cases and presentations.
I believe that these skills and experience make me well suited to help you navigate the SEN system and get the outcome you want for your child.
Local Authorities are obliged to ensure that independent advice and support services are available to parents etc. Formerly they were often known as "Parent Partnership Services" and "SENDIASS" is an acronym for Special Educational Needs and Disability Information, Advice and Support Services (your LA may use a different term but the principles are the same).
The Code of Practice states (among other things):
"2.4 Information, advice and support should be provided through a dedicated and easily identifiable service. Local authorities have established Information, Advice and Support Services (formerly known as Parent Partnership services) to provide information, advice and support to parents in relation to SEN. In addition, many local authorities provide or commission information, advice and support services for young people. Local authorities should build on these existing services to provide the information, advice and support detailed in this chapter."
"2.5 Information, Advice and Support Services should be impartial, confidential and accessible and should have the capacity to handle face-to-face, telephone and electronic enquiries."
You should be able to find contact details for the service in your local area by searching "[Your LA Name] Local Offer" in a web search engine.
I recommend they are your first call as soon as you feel your child may need more support. Unfortunately, they are often under severe workload pressure and may operate a waiting list of several weeks. This is one of the reasons I say they should be your first call.
If SENDIASS should be your first call, then you could see the Code of Practice as your best friend.
Obviously, if you engage me, I will guide you through what needs to be done but it can be downloaded here.
Independent Provider of Special Education Advice ("IPSEA") is a registered charity (number 327691) operating in England.
IPSEA offers free and independent legally based information, advice and support to help get the right education for children and young people with all kinds of special educational needs and disabilities ("SEND"). They also provide training on the SEND legal framework to parents and carers, professionals and other organisations.
They can be an invaluable resource and have templates and other materials should you wish to go it alone.
SOS!SEN offers a free, friendly, independent and confidential telephone helpline for parents and others looking for information and advice on Special Educational Needs and Disability (SEND).
They concentrate on helping people to find their way through the legal and procedural maze which is so daunting to so many who try to obtain satisfactory provision for a child's special needs.
I think that both IPSEA and SOS!SEN are superb organisations but they simply do not have the resources to meet the demand and getting through on their helplines can be hard and frustrating - and it is most unlikely they will do the work for you!
It is very important to me that you are aware of this.
But, at the same time I draw your attention to the FAQ and to Why do I need your help? in particular.
The Special Needs Jungle is somewhat different but is also valuable resource. It describes itself as offering "Parent-led information, resources and informed opinion about children and young people 0-25" They produce some very useful and helpful articles and materials. It's well worth looking at but if you are like me you may find it hard to find what you need.
If you have the skills, time and stamina, these resources (SENDIASS, the Code of Practice, IPSEA, SOS!SEN and The Special Needs Jungle) may guide you through all but the most complex cases without needing the services of me, a lawyer or any other advocate.
Other support resources are available!
A word about other online resources such as on Facebook or Mumsnet etc (by example - I am not singling them out). Some can be very good, authoritative and helpful. Others less so and some have inaccuracies. They can give great moral support but use with a very open mind.