The definition of SEND is clearly stated in law and guidance from the DfE (SEND Code of Practice 2015):
A child or young person has special educational needs if they have a learning difficulty or disability which calls for special educational provision to be made for him or her.
Special educational provision is defined as provision that is different from or additional to that normally available to pupils of the same age.
A child of compulsory school age or a young person has a learning difficulty or disability if he or she:
- has a significantly greater difficulty in learning than the majority of others of the same age, or
- has a disability which prevents or hinders him or her from making use of facilities of a kind generally provided for others of the same age in mainstream schools or mainstream post-16 institutions
For a child under 2, any educational provision is deemed to be special education.
Many children and young people who have SEN may have a disability under the
Equality Act 2010 – that is:
‘a physical or mental impairment which has a long-term and substantial adverse effect on their ability to carry out normal day-to-day activities’.
This definition provides a relatively low threshold and includes more children than many realise. It includes sensory impairments such as those affecting sight or hearing, as well as long-term health conditions such as asthma, diabetes, epilepsy, and cancer.
Children and young people with such conditions do not necessarily have SEND, but there is a significant overlap between disabled children and young people and those with SEND.
Where a disabled child or young person requires special educational provision, this will also be covered by the SEND definition.
EHCPs can be available to those aged from 0-25 – while still involved in education or training (excluding university level).
Not all children with SEND will require an Education Health and Care Plan (EHCP).
Nationally and locally around 4% of pupils have an EHCP, while around 17% of all pupils have SEND, having their needs met from resources already available within the educational placement.