New SEND Code of Practice

The Special Educational Needs and Disability Code of Practice: 0-25 years is statutory guidance for organisations that work with and support children and young people with special educational needs and disabilities.

It was laid before Parliament on 11 June 2014 and still needs to be approved by Parliament before it comes into force on 1 September 2014. The current Code of Practice remains in force until then.

There are also Transitional provisions relating to Part 3 of the Children and Families Act 2014 (children and young people in England with special educational needs) via this same link and the SEND Regulations 2014 which set out the detailed requirements on Local Authorities, schools, colleges and others towards children and young people with special educational needs.

For those of you who are caught in the middle i.e. already requested a statutory assessment or are going through one on 1 September 2014, the guidance says:

  • Where a Local Authority is considering a request for an assessment on 1 September 2014, the Education Act 1996 applies (i.e. the current/old system) unless the Local Authority and parents or young person agree to treat it as a request for an EHC needs assessment.
  • Where a Local Authority is conducting an assessment on 1 September 2014, the Education Act 1996 applies (i.e. the current/old system) unless the Local Authority and parents or young person agree to treat it as an EHC needs assessment.
  • For young persons where the Local Authority is conducting a Learning Difficulty Assessment on 1 September 2014, the Local Authority may issue an EHCP if it is confident that the requirements for an EHC needs assessment have been met.

You can download all of the above via this link.

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