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The Special Educational Needs and Disability Regulations 2014

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Regulation 51

SCHEDULE 1Information to be included in the SEN information report

1.  The kinds of special educational needs for which provision is made at the school.

2.  Information, in relation to mainstream schools and maintained nursery schools, about the school’s policies for the identification and assessment of pupils with special educational needs.

3.  Information about the school’s policies for making provision for pupils with special educational needs whether or not pupils have EHC Plans, including—

(a)how the school evaluates the effectiveness of its provision for such pupils;

(b)the school’s arrangements for assessing and reviewing the progress of pupils with special educational needs;

(c)the school’s approach to teaching pupils with special educational needs;

(d)how the school adapts the curriculum and learning environment for pupils with special educational needs;

(e)additional support for learning that is available to pupils with special educational needs;

(f)how the school enables pupils with special educational needs to engage in the activities of the school (including physical activities) together with children who do not have special educational needs; and

(g)support that is available for improving the emotional, mental and social development of pupils with special educational needs.

4.  In relation to mainstream schools and maintained nursery schools, the name and contact details of the SEN co-ordinator.

5.  Information about the expertise and training of staff in relation to children and young people with special educational needs and about how specialist expertise will be secured.

6.  Information about how equipment and facilities to support children and young people with special educational needs will be secured.

7.  The arrangements for consulting parents of children with special educational needs about, and involving such parents in, the education of their child.

8.  The arrangements for consulting young people with special educational needs about, and involving them in, their education.

9.  Any arrangements made by the governing body or the proprietor relating to the treatment of complaints from parents of pupils with special educational needs concerning the provision made at the school.

10.  How the governing body involves other bodies, including health and social services bodies, local authority support services and voluntary organisations, in meeting the needs of pupils with special educational needs and in supporting the families of such pupils

11.  The contact details of support services for the parents of pupils with special educational needs, including those for arrangements made in accordance with section 32.

12.  The school’s arrangements for supporting pupils with special educational needs in a transfer between phases of education or in preparation for adulthood and independent living.

13.  Information on where the local authority’s local offer is published.

Regulation 53

SCHEDULE 2Information to be published by a local authority in its local offer

1.  The special educational provision and training provision which the local authority expects to be available in its area for children and young people in its area who have special educational needs or a disability by—

(a)providers of relevant early years education;

(b)maintained schools, including provision made available in any separate unit;

(c)Academies, including provision made available in any separate unit;

(d)non-maintained special schools;

(e)post-16 institutions;

(f)institutions approved under section 41 of the Act;

(g)pupil referral units; and

(h)persons commissioned by the local authority to support children and young people with special educational needs or a disability.

2.  The special educational provision and training provision the local authority expects to be made outside its area by persons specified in sub-paragraphs (a) to (g) of paragraph 1 for children and young people in its area with special educational needs or a disability.

3.  The information in paragraphs 1 and 2 must include information about—

(a)the special educational provision and training provision provided for children and young people with special educational needs or a disability by mainstream schools and mainstream post-16 institutions including any support provided in relation to learning or the curriculum;

(b)the special educational provision and training provision provided by special schools and special post-16 institutions, and those approved under section 41 of the Act;

(c)the special educational provision and training provision secured by the local authority in mainstream schools, mainstream post-16 institutions, pupil referral units and alternative provision Academies for children and young people with special educational needs or a disability; and

(d)the arrangements the local authority has for funding children and young people with special educational needs including any agreements about how any of the persons specified in paragraph 1 will use any budget that has been delegated to that person by the local authority.

4.  The arrangements the persons specified in paragraphs 1 and 2 have for—

(a)identifying the particular special educational needs of children and young people;

(b)consulting with parents of children with special educational needs or a disability and with young people with special educational needs or a disability;

(c)securing the services, provision and equipment required by children and young people with special educational needs or a disability; and

(d)supporting children and young people with special educational needs or a disability in a transfer between phases of education and transfers from one post-16 institution to another, and in preparation for adulthood and independent living.

5.  Information, in relation to the persons specified in paragraphs 1 and 2, about-

(a)their approach to teaching of children and young people with special educational needs;

(b)how they adapt the curriculum and the learning environment for children and young people with special educational needs or a disability;

(c)the additional learning support available to children and young people with special educational needs;

(d)how the progress towards any of the outcomes identified for children and young people with special educational needs will be assessed and reviewed, including information about how those children, their parents and young people will take part in any assessment and review;

(e)how the effectiveness of special educational provision and training provision will be assessed and evaluated, including information about how children, their parents and young people will take part in any assessment and evaluation;

(f)how facilities that are available can be accessed by children and young people with special educational needs or a disability;

(g)what activities (including physical activities) are available for children and young people with special educational needs or a disability in addition to the curriculum;

(h)what support is available for children and young people with special educational needs or a disability;

(i)how expertise in supporting children and young people with special educational needs or a disability is secured for teaching staff and others working with those children and young people;

(j)how the emotional, mental and social development of children and young people with special educational needs or a disability will be supported and improved.

6.  Where further information about the bodies specified in paragraphs 1 and 2, including the information required by section 69 of the Act, can be obtained.

7.  Where the strategy prepared by the local authority under paragraph 1 of Schedule 10 to the Equality Act 2010(1) can be obtained.

8.  Special educational provision and training provision the local authority expects to be made in relation to young people with special educational needs or a disability who have entered into an apprenticeship agreement within the meaning of section 32(1) of the Apprenticeships, Skills, Children and Learning Act 2009.

9.  Special educational provision and training provision the local authority expects to be made by providers of training in its area, and outside its area for young people in its area with special educational needs or a disability.

10.  Provision available in the local authority’s area to assist children and young people with special educational needs or a disability in preparation for adulthood and independent living.

11.  Information about support available to young people with special educational needs or a disability receiving higher education, including any disabled student’s allowance available under chapter 3 of Part 5 of the Education (Student Support) Regulations 2011(2).

12.  Health care provision for children and young people with special educational needs or a disability that is additional to or different from that which is available to all children and young people in the area, including—

(a)services for relevant early years providers, schools and post-16 institutions to assist them in supporting children and young people with medical conditions, and

(b)arrangements for making those services which are available to all children and young people in the area accessible to children and young people with special educational needs or a disability.

13.  Social care provision for children and young people with special educational needs or a disability and their families including—

(a)services provided in accordance with section 17 of the Children Act 1989;

(b)the arrangements for supporting young people when moving from receiving services for children to receiving services for adults;

(c)support for young people in planning and obtaining support to assist with independent living;

(d)information and advice services made available in accordance with section 4 of the Care Act 2014(3).

14.  Transport arrangements for children and young people with special educational needs or a disability to get to and from school or post-16 institution, or other institution in which they are receiving special educational provision or training provision including—

(a)arrangements for specialist transport;

(b)arrangements for free or subsidised transport;

(c)support available in relation to the cost of transport, whether from the local authority or otherwise.

15.  Sources of information, advice and support in the local authority’s area for children and young people with special educational needs or a disability and their families including information—

(a)provided in accordance with section 32 of the Act;

(b)about forums for parents and carers of children and young people with special educational needs or a disability;

(c)about support groups for children and young people with special educational needs or a disability and their families;

(d)about childcare for children with special educational needs or a disability;

(e)about leisure activities for children and young people with special educational needs or a disability and their families;

(f)about persons who can provide further support, information and advice for children and young people with special educational needs or a disability and their families.

16.  The procedure for making a complaint about provision mentioned in section 30(2) of the Act.

17.  The procedure for making a complaint about any provision or service set out in the local offer.

18.  Information about any criteria that must be satisfied before any provision or service set out in the local offer can be provided.

19.  Information about how to request an EHC needs assessment, and the availability of personal budgets.

20.  Information on where the list of institutions approved under section 41 of the Act is published.

21.  Arrangements for notifying parents and young people of their right to appeal a decision of the local authority to the Tribunal.

22.  Arrangements for mediation made in accordance with section 53 or 54 of the Act.

23.  Arrangements for the resolution of disagreements made in accordance with section 57 of the Act.

SCHEDULE 3

Regulation 64(1)(a)

PART 1References to a young person in the Act that are to be read as references to both a young person and an alternative person

The provisions referred to in regulation 64(1)(a) are—

  • section 19(a), (b), (c) and (d) (first reference);

  • section 27(3)(a) and (b);

  • section 30(6)(a)(i) and (ii);

  • section 30(8)(d)(i) and (ii);

  • section 32(1) (first reference) and (2) (first reference);

  • section 32(3)(c).

Regulation 64(1)(b)

PART 2References to a young person in the Act that are to be read as references to an alternative person

The provisions referred to in regulation 64(1)(b) are—

  • section 33(2)(a);

  • section 34(5)(c) and (7)(c);

  • section 36(1) (second reference), (4), (5) (second reference), (7) (opening words and paragraph (b)) and (9) (opening words);

  • section 38(1) (second reference), (2)(a) and (b), and (5);

  • section 39(8)(a);

  • section 40(5)(a);

  • section 42(5);

  • section 44(2)(a) and (6);

  • section 49(1) (second reference), (2) (second reference), (3)(d) and (4)(a);

  • section 51(1) and (3) (opening words);

  • section 52(2), (3) and (4) ;

  • section 53(1)(a), (3)(a) and (4)(a)(i);

  • section 54(1)(a) and (2)(a);

  • section 55(1), (3), (4) (opening words and (b)) and (5) (both references);

  • section 56(1)(f);

  • section 57(2)(b), (3)(b), (5)(a) and (8)(b);

  • section 61(3);

  • section 68(2) (first reference);

  • section 70(5) (paragraph (b) of the definition of “appropriate person”).

Regulation 64(1)(c)

PART 3References to a young person in the Act that are to be read as references to both a young person and an alternative person

The provisions referred to in regulation 64(1)(c) are—

  • regulation 5(4)(c) and (d);

  • regulation 7(a), (b), (d) and (e);

  • regulation 8(2)(a) and (b);

  • regulation 10(4)(c) and (d);

  • regulation 12(1)(a);

  • regulation 17(1)(c) (second reference);

  • regulation 19(a);

  • regulation 27(3)(c) and (d)

  • regulation 41(1) (opening words); and the description accompanying ‘Travel Costs’

  • regulation 44(3)(a) and (b);

  • regulation 45(7)(a) and (b);

  • regulation 54(1)(a) and (b)

  • regulation 55(opening words);

  • regulation 56(1) (opening words) and (c);

  • Schedule 2 paragraph 5(d) (second reference) and (e)

Regulation 64(1)(d)

PART 4References to a young person in the Act that are to be read as references to an alternative person

The provisions referred to in regulation 64(1)(d) are—

  • regulation 3 (opening words);

  • regulation 4(1) (opening words);

  • regulation 5(1) (opening words) and (3);

  • regulation 6(1)(a) and (h), (3)(a) and (b) and (4);

  • regulation 9;

  • regulation 10 (3);

  • regulation 13(1) and (2)(a);

  • regulation 14(2);

  • regulation 15(3)(b);

  • regulation 17(1) (second reference in opening words);

  • regulation 20(2)(a), (10), and (11)(second reference in opening words)

  • regulation 21(2)(a), (9), and (10)(second reference in opening words);

  • regulation 22(2)(a) and (b), (3)(opening words and (a)), (4) and (5) (opening words);

  • regulation 25(1) (first reference);

  • regulation 27(2)(a);

  • regulation 31(1)(a) (first reference) and (b), (2) (second reference) and (3) (opening words);

  • regulation 32;

  • regulation 33;

  • regulation 34;

  • regulation 35;

  • regulation 36;

  • regulation 37;

  • regulation 38(1)(b);

  • regulation 39;

  • regulation 44 (2)(b)(opening words)(i) (second reference); and (2)(c)(ii);

  • regulation 45(1);

  • Schedule 2 paragraph 4(b).

(2)

SI 2011/1986, as amended by the Education (Student Fees, Awards and Support) (Amendment) Regulations 2012[SI 2012/1628] and Education (Student Support and European University Institute) (Amendment) Regulations 2013[SI 2013/1728]

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