Special Educational Needs Code of Practice for Wales

Special Educational Needs Code of Practice for Wales i

Further copies of this document can be obtained from: National Assembly for Wales Cathays Park Cardiff CF10 3NQ Tel: 029 20826078 E-mail: SEN@wales.gsi.gov.uk Website: http://www.wales.gov.uk ii

PREFACE From the Welsh Assembly Government Minister for Education and Lifelong Learning, Jane Davidson AM I am delighted that this document is the first SEN Code of Practice for Wales. It reflects the distinct arrangements, structures and legislation particular to our country. The Welsh Assembly Government is committed to the provision of high quality education services and to enabling all children to reach their true potential. I consider that the SEN Code of Practice for Wales will assist in improving the educational experience of children who have special educational needs, whether they have a statement or not, and that it will have a key role in helping to realise my vision of Wales as a Learning Country. This Code is all about removing barriers to participation and learning. The key principle is that children with special educational needs should have their needs met. Providing effective support for children with special educational needs is an essential feature of effective schools. Overall, the Code is designed to offer clearer guidance for early years providers, primary school and secondary school teachers, local education authorities, families, and all those involved in providing for children s special educational needs. I am confident that this Code will build on the strengths and success of its predecessor and help in our efforts to raise the achievement of all children. iii

Contents Foreword Paragraphs Chapter 1: Principles and Policies Introduction 1:1 Definition of special educational needs 1:3 Definitions in the Children s Act 1989 and the Disability Discrimination Act 1995 1:4 Fundamental principles 1:5 Critical success factors 1:6 Welsh Language Act 1993 1:7 Strategic planning partnerships 1:16 The role of the LEA 1:19 LEA policy framework 1:22 The duties of governing bodies 1:25 SEN Policy in early education settings and schools 1:32 Roles and responsibilities in early years education settings 1:38 Roles and responsibilities in maintained mainstream schools 1:40 Roles and responsibilities in special schools 1:41 School admissions and inclusion 1:42 Scope for flexibility 1:46 Roles and responsibilities 1:48 Chapter 2: Working in Partnership with Parents Introduction 2:1 Defining parental responsibility 2:4 Key principles in communicating and working in partnership with parents 2:6 Schools working in partnership with parents 2:10 Supporting parents during statutory assessment 2:12 LEAs working in partnership with parents 2:13 Working in partnership with the voluntary sector 2:15 Parent partnership services 2:16 Preventing and resolving disagreements 2:22 Roles and responsibilities 2:31 Chapter 3: Pupil Participation Introduction 3:1 Pupils and parents 3:4 Pupil participation in early years settings; schools and other settings 3:6 Involving pupils in assessment and decision making 3:18 The LEA s role in pupil participation 3:21 Providing special support 3:25 v

Chapter 4: Identification, Assessment and Provision in Early Education settings Introduction 4:1 Provision in the early years 4:5 Graduated response 4:9 The role of the SENCO 4:15 Time required for SEN co-ordination 4:17 Individual Records 4:18 Early Years Action 4:20 Nature of intervention 4:26 Individual education plans 4:27 Reviewing IEPs 4:28 Early Years Action Plus 4:29 Requests for statutory assessment 4:33 Child health services in the early years 4:37 Statutory assessment of children under compulsory school age 4:39 Criteria for statutory assessment of children under compulsory school age and over two 4:41 Statements for children under compulsory school age and over two 4:44 Statutory assessment of children under two 4:47 Statements for children under two 4:48 Special educational provision for children under compulsory school age 4:51 Moving to primary school 4:54 Chapter 5: Identification, Assessment and Provision in the Primary Phase Introduction 5:1 Provision in primary schools 5:7 Early identification 5:11 English or Welsh as an additional language 5:15 National Curriculum 5:17 Graduated response 5:20 Record keeping 5:24 Working with other providers of support 5:27 Involvement of social services 5:28 The role of the SENCO in mainstream primary schools 5:30 Time required for SEN co-ordination 5:33 Monitoring children s progress 5:37 School Action 5:43 Nature of intervention 5:49 Individual educational plans 5:50 Reviewing IEPs 5:53 School Action Plus 5:54 School request for a statutory assessment 5:62 School transfer 5:66 Working with children with statements of special educational needs 5:67 Annual review 5:68 vi

Chapter 6: Identification, Assessment and Provision in the Secondary Sector Introduction 6:1 Provision in secondary schools 6:6 Early identification 6:10 English or Welsh as an additional language 6:14 National Curriculum 6:17 Graduated response 6:22 Record keeping 6:26 Working with other providers of support 6:29 Involvement of social services 6:30 The role of the SENCO in mainstream secondary schools 6:32 Time required for SEN co-ordination 6:36 Monitoring pupil progress 6:41 School Action 6:50 Nature of intervention 6:57 Individual Education Plans 6:58 Reviewing IEPs 6:61 School Action Plus 6:62 School requests for statutory assessment 6:70 Working with children with statements of special educational needs 6:74 Annual review of a statement of special educational needs 6:75 Chapter 7: Statutory Assessment of Special Educational Needs Introduction 7:1 Routes for referral 7:7 Request by the child s school or setting 7:9 Evidence to be provided by the school or early education setting 7:13 Referral by another agency 7:15 Notice that an LEA is considering whether to make a statutory assessment 7:16 Notification to other agencies of a proposal to assess 7:19 Request by a parent 7:21 Children who may need immediate referral for statutory assessment 7:30 Considering whether a statutory assessment is necessary 7:33 Evidence for deciding whether to make a statutory assessment 7:35 Evidence of attainment 7:38 Other factors 7:42 The child s special educational provision 7:46 Communication and interaction 7:55 Cognition and learning 7:58 Behaviour, emotional and social development 7:60 Sensory and/or physical needs 7:62 Medical conditions 7:64 Deciding that a statutory assessment is necessary 7:68 Time limits for making assessments 7:72 Making the assessment 7:74 Requests for advice 7:78 Views of the child 7:85 vii

Next steps 7:86 Exception to the time limits 7:91 Request for further statutory assessments 7:94 Chapter 8: Statements of Special Educational Needs Introduction 8:1 Criteria for deciding to draw up a statement 8:8 Consideration for the provision that may need to be made 8:12 Decision not to issue a statement: a note in lieu 8:15 Assessments and emergency placements 8:23 Writing the statement 8:29 Signature and date 8:30 Part 2: Special educational needs 8:32 Part 3: Special educational provision 8:33 Part 4: Placement 8:42 Part 5: Non-educational needs 8:43 Part 6: Non-educational provision 8:44 Speech and language therapy 8:49 The proposed statement 8:54 Time limits 8:57 Naming a school 8:58 Residential Placements 8:70 Consultation before naming a maintained school in a statement 8:80 Transport costs for children with statements 8:87 Education otherwise than at school 8:91 Children educated at parents expense 8:97 Children placed by social services departments or the Courts 8:98 Parental representations about the proposed statement 8:105 The final statement 8:108 Keeping disclosure and transfer of statement 8:111 Maintenance of a statement 8:116 Ceasing to maintain the statement 8:117 Amending an existing statement 8:125 Summary 8:134 Chapter 9: Annual Review Introduction 9:1 Purpose of the Annual Review 9:7 The annual review for children at school 9:9 Seeking written advice 9:12 The Annual Review meeting 9:16 Children looked after by the local authority 9:25 Conduct of the review meeting 9:28 Submitting the report 9:32 The role of the LEA after receiving the review report 9:34 The annual review for children with statement whose education is otherwise than at school 9:36 A change of school 9:39 Interim reviews 9:44 The Transition Plan 9:51 Student involvement in decision making during transition 9:55 viii

The role of Careers Wales 9:56 Involvement of social services departments 9:58 Involvement of health services 9:60 Annual reviews from Year 10 9:61 Transfer of information 9:63 Students without statements but with special educational needs 9:65 Children subject to care order or accommodation by a local authority 9:68 Chapter 10: Working in Partnership with Other Agencies Introduction 10:1 Principles of inter-agency working for children with SEN 10:3 LEA support services 10:6 Careers Wales 10:14 National Council for Education and Training for Wales 10:15 Health services 10:16 Child and Adolescent Mental Health Services (CAMHS) 10:24 Social Services 10:26 Children in need 10:29 Looked after children 10:34 The voluntary sector 10:35 Providing information 10:36 Glossary Index ix