SEND Law

The laws relating to Special Educational Needs are found in Part 3 of the Children & Families Act 2014 and Part 4 of the Education Act 1996.

The SEND Code of Practice (SENDCOP) is statutory guidance for organisations that work with and support children and young people with special educational needs and disabilities. It sets out duties, policies and procedures relating to Part 3 of the Children and Families Act 2014 and associated regulations, and it applies to England.

All professionals working with special needs children must have regard to the Code of Practice. This means that whenever they are making decisions they must give consideration to what the Code says. They cannot ignore it. They must fulfil their statutory duties towards children and young people with SEN or disabilities in the light of the guidance set out in it. They must be able to demonstrate in their arrangements for children and young people with SEN or disabilities that they are fulfilling their statutory duty to have regard to the Code. So, where the text uses the word ‘should’ it means that the guidance contained in this Code must be considered and that those who must have regard to it will be expected to explain any departure from it.

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