Special Educational Needs Code of Practice for Wales

1 Special EducationalNeeds code ofPractice for WalesISBN 0 7504 2757 4 Reprinted January 2004 Crown copyright 2004 Designed by CartoGraphics G/420/03-04 INA-15-07-106/2 Typesetting by Text Processing ServicesiSpecial Educational NeedsCode of Practice for WalesiiFurther copies of this document can be obtained from:National Assembly for WalesCathays ParkCardiffCF10 3 NQTel:029 2082 6044E-mail: the Welsh Assembly Government Minister forEducation and Lifelong Learning, Jane Davidson AMI am delighted that this document is the first SEN code ofPractice for Wales . It reflects the distinct arrangements,structures and legislation particular to our country. The Welsh Assembly Government is committed to theprovision of high quality education services and toenabling all children to reach their true potential. I consider that the SEN code of Practice for Wales will assist in improving theeducational experience of children who have Special Educational Needs , whetherthey have a statement or not, and that it will have a key role in helping to realisemy vision of Wales as a Learning code is all about removing barriers to participation and learning.

2 The keyprinciple is that children with Special Educational Needs should have their needsmet. Providing effective support for children with Special Educational Needs is anessential feature of effective schools. Overall, the code is designed to offerclearer guidance for early years providers, primary school and secondary schoolteachers, local education authorities, families, and all those involved in providingfor children s Special Educational Needs . I am confident that this code will build on the strengths and success of itspredecessor and help in our efforts to raise the achievement of all 1: Principles and PoliciesIntroduction1:1 Definition of Special Educational needs1:3 Definitions in the Children s Act 1989 and the disability Discrimination Act 19951:4 Fundamental principles1:5 Critical success factors1:6 Welsh Language Act 1993 1:7 Strategic planning partnerships1:16 The role of the LEA1:19 LEA policy framework1:22 The duties of governing bodies1:25 SEN Policy in early education settings and schools1:32 Roles and responsibilities in early years education settings1:38 Roles and responsibilities in maintained mainstream schools1:40 Roles and responsibilities in Special schools1:41 School admissions and inclusion 1:42 Scope for flexibility1:46 Roles and responsibilities 1:48 Chapter 2.

3 Working in Partnership with ParentsIntroduction2:1 Defining parental responsibility2:4 Key principles in communicating and working in partnership with parents2:6 Schools working in partnership with parents2:10 Supporting parents during statutory assessment2:12 LEAs working in partnership with parents2:13 Working in partnership with the voluntary sector2:15 Parent partnership services2:16 Preventing and resolving disagreements2:22 Roles and responsibilities2:31 Chapter 3: Pupil ParticipationIntroduction3:1 Pupils and parents3:4 Pupil participation in early years settings; schools and other settings 3:6 Involving pupils in assessment and decision making3:18 The LEA s role in pupil participation3:21 Providing Special support3:25vChapter 4: Identification, Assessment and Provision in early Education settingsIntroduction4:1 Provision in the early years4:5 Graduated response4:9 The role of the SENCO4:15 Time required for SEN co-ordination4:17 Individual Records4:18 early Years Action4:20 Nature of intervention4:26 Individual education plans4:27 Reviewing IEPs4:28 early Years Action Plus4:29 Requests for statutory assessment4:33 Child health services in the early years4:37 Statutory assessment of children under compulsory school age4:39 Criteria for statutory assessment of children under compulsory school age and over two4:41 Statements for children under compulsory school age and over two4:44 Statutory assessment of children under two4.

4 47 Statements for children under two4:48 Special Educational provision for children under compulsory school age 4:51 Moving to primary school4:54 Chapter 5: Identification, Assessment and Provision in the Primary PhaseIntroduction5:1 Provision in primary schools5:7 early identification 5:11 English or Welsh as an additional language5:15 National Curriculum5:17 Graduated response5:20 Record keeping5:24 Working with other providers of support5:27 Involvement of social services5:28 The role of the SENCO in mainstream primary schools5:30 Time required for SEN co-ordination5:33 Monitoring children s progress5:37 School Action5:43 Nature of intervention5:49 Individual Educational plans5:50 Reviewing IEPs5:53 School Action Plus5:54 School request for a statutory assessment5:62 School transfer5:66 Working with children with statements of Special Educational needs5:67 Annual review5:68viChapter 6: Identification, Assessment and Provision in the Secondary SectorIntroduction6:1 Provision in secondary schools6:6 early identification6:10 English or Welsh as an additional language6:14 National Curriculum6:17 Graduated response6:22 Record keeping6:26 Working with other providers of support6:29 Involvement of social services6:30 The role of the SENCO in mainstream secondary schools6:32 Time required for SEN co-ordination6:36 Monitoring pupil progress6:41 School Action6:50 Nature of intervention6:57 Individual Education Plans6:58 Reviewing IEPs6:61 School Action Plus6:62 School requests for statutory assessment6:70 Working with children with statements of Special Educational needs6:74 Annual review of a statement of Special Educational needs6:75 Chapter 7: Statutory Assessment of Special Educational NeedsIntroduction7:1 Routes for referral7.

5 7 Request by the child s school or setting7:9 Evidence to be provided by the school or early education setting7:13 Referral by another agency7:15 Notice that an LEA is considering whether to make a statutory assessment7:16 Notification to other agencies of a proposal to assess7:19 Request by a parent7:21 Children who may need immediate referral for statutory assessment7:30 Considering whether a statutory assessment is necessary7:33 Evidence for deciding whether to make a statutory assessment7:35 Evidence of attainment7:38 Other factors7:42 The child s Special Educational provision7:46 Communication and interaction7:55 Cognition and learning7:58 Behaviour, emotional and social development7:60 Sensory and/or physical needs7:62 Medical conditions7:64 Deciding that a statutory assessment is necessary7:68 Time limits for making assessments7:72 Making the assessment7:74 Requests for advice7:78 Views of the child7:85viiNext steps7:86 Exception to the time limits7:91 Request for further statutory assessments7:94 Chapter 8: Statements of Special Educational NeedsIntroduction8:1 Criteria for deciding to draw up a statement8:8 Consideration for the provision that may need to be made8:12 Decision not to issue a statement: a note in lieu8:15 Assessments and emergency placements8:23 Writing the statement8:29 Signature and date8:30 Part 2: Special Educational needs8:32 Part 3: Special Educational provision 8:33 Part 4: Placement8:42 Part 5: Non- Educational needs8:43 Part 6: Non- Educational provision8:44 Speech and language therapy8:49 The proposed statement8:54 Time limits8:57 Naming a school8:58 Residential Placements8:70 Consultation before naming a maintained school in a statement8:80 Transport costs for children with statements8.

6 87 Education otherwise than at school8:91 Children educated at parents expense8:97 Children placed by social services departments or the Courts8:98 Parental representations about the proposed statement8:105 The final statement8:108 Keeping disclosure and transfer of statement8:111 Maintenance of a statement8:116 Ceasing to maintain the statement8:117 Amending an existing statement8:125 Summary8:134 Chapter 9: Annual ReviewIntroduction9:1 Purpose of the Annual Review9:7 The annual review for children at school9:9 Seeking written advice9:12 The Annual Review meeting9:16 Children looked after by the local authority9:25 Conduct of the review meeting9:28 Submitting the report9:32 The role of the LEA after receiving the review report9:34 The annual review for children with statement whose education is otherwise than at school9:36A change of school9:39 Interim reviews9:44 The Transition Plan9:51 Student involvement in decision making during transition9:55viiiThe role of Careers Wales9:56 Involvement of social services departments9:58 Involvement of health services 9:60 Annual reviews from year 109:61 Transfer of information9:63 Students without statements but with Special Educational needs9:65 Children subject to care order or accommodation by a local authority9:68 Chapter 10: Working in Partnership with Other AgenciesIntroduction10:1 Principles of inter-agency working for children with SEN10:3 LEA support services10:6 Careers Wales 10:14 National Council for Education and Training for Wales 10:15 Health services10:16 Child and Adolescent Mental Health Services (CAMHS)10:24 Social Services10:26 Children in need10:29 Looked after children10:34 The voluntary sector10:35 Providing information10.

7 36 GlossaryIndexixxForewordIntroduction 1 The SEN code of Practice for Wales provides practical advice to LocalEducation Authorities, maintained schools, early years settings and others oncarrying out their statutory duties to identify, assess and make provision forchildren s Special Educational Needs . 2 The Education Act 1993 placed a duty on the Secretary of State forEducation to issue a code of Practice and established the power to revise it fromtime to time. The first code of Practice came into effect in 1994. Since then, therights and duties contained in the 1993 Act have been consolidated into Part IV ofthe 1996 Education Act. This code of Practice replaces the 1994 code in Wales . Itfollows consultation between July and October 2000 with LEAs, schools, SENvoluntary bodies, the health and social services, and others on a draft of a revisedCode. The draft was then revised in the light of comments from all interestedparties, and subsequently laid before and approved unanimously by a plenarysession of the National Assembly.

8 3 This code , like its predecessor, will help schools and LEAs obtain the bestvalue from the considerable resources and expertise they invest in helpingchildren with Special Educational Needs . It retains much of the guidance from theoriginal code . But it takes account of the experiences of schools and LEAs inusing the original code and developments in education since 1994. It includes newrights and duties introduced by the SEN and disability Act 2001 and foreword explains the status of this code of Practice , highlights relateddevelopments and summarises the main differences from the 1994 code . It is notformally part of the code itself. The Status of the SEN code of Practice5 This code of Practice is effective from 1 April 2002. From that date LEAs,schools, early years settings and those who help them including health andsocial services must have regard to it. They must not ignore it.

9 That means thatwhenever settings, schools and LEAs decide how to exercise their functionsrelating to children with Special Educational Needs , and whenever the health andsocial services provide help to settings, schools and LEAs in this, those bodiesmust consider what this code says. These bodies must fulfil their statutory dutiestowards children with Special Educational Needs but it is up to them to decidehow to do so in the light of the guidance in this code of Practice . The code isdesigned to help them to make effective decisions but it does not and couldnot tell them what to do in each individual case. The duty to have regard tothis code will continue for its lifetime. Implementation6 New statutory duties on LEAs, schools and early education settingsintroduced by the Special Educational Needs and disability Act 2001 and revisedRegulations come into force on 1 April 2002. Key statutory duties are paraphrasedin boxes throughout the text.

10 The Regulations set out transitional provisionsxidealing with assessments, statements and reviews commenced under the oldsystem. During the transitional period, whilst schools and LEAs must have regardto this code , they will need to do so in the light of those transitionalarrangements. It would be unrealistic to expect them to have in place on 1 Aprilprocedures matching every aspect of the arrangements described in this must however, have regard to this code from that date and thereafter. Changes from the Original SEN code of Practice7 This code takes account of the SEN provisions of the Special EducationalNeeds and disability Act 2001: a stronger right for children with SEN to be educated at a mainstreamschool new duties on LEAs to arrange for parents of children with SEN to beprovided with services offering advice and information and a means ofresolving disputes a new duty on schools and relevant nursery education providers to tellparents when they are making Special Educational provision for theirchild a new right for schools and relevant nursery education providers torequest a statutory assessment of a childIt contains separate chapters on provision in the early years, primary andsecondary phases and new chapters on: working in partnership with parents pupil participation wor