The term Special Educational Needs (SEN) is used to describe learning difficulties or disabilities that make it harder for children to learn than most children of the same age. The SEND Code of Practice 2015 refers to four broad areas of need:
Children with Special Educational Needs (SEN) are likely to need extra or different help from that given to other children their age. This help is known as special educational provision or SEN support.
Where a child is identified as having SEN, schools should take action to remove barriers to learning and put effective special educational provision in place. All schools should adopt a 'graduated approach' with four stages of action: Assess, Plan, Do and Review. For further details please see factsheets in our Resources section.
An Education, Health and Care Plan (EHCP) is for children and young people aged up to 25 who need more support than is available through SEN support. An EHCP is a legal document which describes a child or young person’s special educational needs, the support they need, and the outcomes they would like to achieve. An EHCP can result in additional support and funding for a child or young person with SEN. A plan can include your child’s health or social care needs as well as their educational needs, but they won’t get a plan if they only have health or social care needs that don’t affect their education.
This short animation explains the EHCP process. For further details please see factsheets in our Resources section and visit Local Offer.
Section A: the views, interests and aspirations of the child and his parents or the young person
Section B: the child or young person’s special educational needs (SEN)
Section C: the child or young person’s health care needs which relate to their SEN
Section D: the child or young person’s social care needs which relate to their SEN or to a disability
Section E: the outcomes sought for the child or young person
Section F: the special educational provision required to meet their SEN
Section G: any health care provision reasonably required by the learning difficulties or disabilities which result in the child or young person having SEN
Section H: any social care provision required from social services under the Chronically Sick and Disabled Persons Act 1970, and/or reasonably required by the learning difficulties or disabilities which result in the child or young person having SEN
Section I: the name of the school or other institution to be attended by the child or young person and the type of that institution (or just the type if no specific institution is named)
Section J: details of any direct payment which will be made
Section K: copies of all of the advice and information obtained as part of the EHC needs assessment
The First-tier Tribunals (SEND Tribunal) hears parents’ and young people’s appeals against local authority decisions about the SEN of children and young people. They also handle appeals against discrimination by schools or local authorities due to a child’s disability. Appealing to the SEND Tribunal is a formal legal process.
It is advisable to continue talking to the local authority when you are in disagreement, let them know what it is you disagree with and what you would like to be changed. As it may be possible to resolve without having to lodge an appeal. We have factsheet and short video in our Resources section explaining the Informal Dispute Resolution (IDR) and formal Mediation process.
Suffolk IASS have created a series of short videos to explain the process of Refusal to Assess and EHCP appeal. For further details please see factsheet in our Resources section and visit IPSEA website.
We can support you with preparing and lodging your appeal, helping you with paperwork, guiding you through the process and we may be able to attend with you. If you instruct legal representation we will step back from active involvement.
National Trial: From April 2018, the SEND tribunal has some new powers to look at health and social care as well as education. This is referred to as the Nation Trial. It is currently set to run until August 2021. The trial gives parents and young people new rights to request recommendations about the health and social care needs and provision specified in EHC plans. The Tribunal can make non-binding recommendations on the health and social care aspects of EHC plans with an expectation they will be followed. If they are not going to be followed then the Local Authority (for social care) or the Clinical Commissioning Group (for health) will need to write to the parents/young person and Tribunal within 5 weeks of the decision, explaining why they have decided not to follow the recommendations.
Pupils can only be excluded for disciplinary reasons. They cannot be excluded because a school cannot meet their needs or for something which their parents did or did not do. All exclusions regardless of time period, must be formally and accurately recorded. There are only two types of exclusion from a school which are lawful
Informal or Unofficial exclusions, such as sending a pupil home during lunch time or to cool off or the school putting a pupil on a ‘part-time timetable’ are all unlawful regardless of whether they occur with the agreement of parents.
For more information see our factsheet, IPSEA website and MK School Exclusions page.
Choosing a school can be a really big decision, especially if your child or young person has special educational needs. Milton Keynes Schools Directory shows schools’ contact details and websites. Choosing and visiting a school factsheets have useful information about what you should consider when looking for the right placement for your child. Download factsheets from our Resources section
If your child in on SEN support, then you will need to apply through Milton Keynes School Admissions team. If your child has an EHCP, then school place will be applied through Milton Keynes SEND team.
For Post 16 information please see Young People section.
EOTAS stands for 'Education Otherwise Than at School'. It is educational provision that meets the needs of children and young people who, for whatever reason, are unable to attend a mainstream or special school.
For information on home education, see the government’s advice and explanation on parental responsibilities if you wish to educate your child at home.
Department for Education has produced a non-statutory guidance for parents, to help them understand their obligations and rights in relation to elective home education.
Elective home education resources by Bournemouth, Christchurch and Poole SENDIASS
Home education courses from non-profit Youth Employment UK to help young people explore skills and careers
In Milton Keynes:
If your child has learning difficulties and disabilities, they may be able to take public exams with support known as ‘access arrangements’. The support can be provided by a scribe or a reader or it could also be in the form of extra time and with modified exam papers such as Braille or enlarged font.
All support arrangements are agreed by the school and reported to the exam awarding body. The rules to qualify for support are updated every year and are laid down by the Joint Council for Qualifications (JCQ) on behalf of the exam boards, overseen by Ofqual.
IPSEA has more information on their website.
Most of the times education and training related problems can be resolved by discussion and informal forms of dispute resolution. However, sometimes parents of children with SEN and young people may need to take further action and make a formal complaint.