From 1st September 2014 a new legal framework for SEN Law was introduced with the implementation of the Children and Families Act 2014.
The framework contains the legal rights to ensure children and young people with SEN or a disability receive the educational provision required as a result of their needs.
It also has regard to the need to help those children and young people achieve the “best possible educational and other outcomes”
The SEND Code of Practice says:
“Where a pupil is identified as having SEN, schools should take action to remove barriers to learning and put effective special educational provision in place”
section 6.44
The SEND Code of Practice says:
All children and young people are entitled to an education that enables them to make progress so that they:
• achieve their best
• become confident individuals living fulfilling lives
• make a successful transition into adulthood
Every school is required to identify and address the SEN of the pupils that they support. Mainstream schools, which in this chapter includes maintained schools and academies that are not special schools, maintained nursery schools, 16 to19 academies, alternative provision academies and Pupil Referral Units (PRUs), must:
•Use their ‘best endeavours' to make sure that a child or young person with SEN gets the support they need – this means doing everything they can to meet the child or young persons SEN, and ensure that children and young people with SEN engage in the activities of the educational setting alongside pupils who do not have SEN.
•Name a teacher to be responsible for coordinating SEN provision — the SEN Co-ordinator (SENCo).
•Publish a SEN information report and their arrangements for the admission of disabled children.
•Formally inform parent/carers that special educational provision is being made.
(SEND Code of Practice 2015)
The Best Endeavours Duty
Section 66 of the Children and Families Act 2014 says:
“If a registered pupil or a student at a school or other institution has special educational needs, the appropriate authority must, in exercising its functions in relation to the school or other institution, use its best endeavours to secure that the special educational provision called for by the pupil’s or student’s special educational needs is made.”
The appropriate authority is the governing body (or equivalent). The governing body can bring about change as it is responsible for the appointment and performance management of Head Teachers/Principles.
Using best endeavours means doing everything they can to meet the child or young person’s SEN.
It is a proactice duty that requires the appropriate authority to enquire and make sure that the place of learning is actually making the special educational provision that children and young people require.
It is not enough to accept the word of a school’s head teacher, for example, that an adequate record keeping process is in place – the school governors should make sure that it is.