Special educational needs and disability (SEND)
Covid-19 advice for parent carers and practitioners caring for children with SEND
Government advises that all children including those with SEND should return to settings this September.
They strongly emphasise that the benefits of getting children with SEND back into education will outweigh any risk. However, recent government data indicates that not all children with SEND returned back to provision this September.
This could be for a range of reasons, including parental choice.
However, it is important that settings do not refuse access to provision for these children but plan for their safe return. If a setting is unsure how they would meet the child’s needs, then they should conduct a risk assessment jointly with parents to help plan the best way forward.
Please note that the temporary changes to law on education, health and care assessments and plans due to Covid ended 25 September 2020.
Advice for parent carers:
Advice for practitioners on supporting disabled children:
If you are a parent or a member setting and you require additional advice relating to a child with SEND during the pandemic please email Nicola.Gibson@eyalliance.org.uk.
Special educational needs, disability and areas of need
The Special Educational Needs and Disability Code of Practice (2015) defines special educational needs as follows
“A child or young person has SEN if they have a learning difficulty which calls for special educational provision to be made for him or her. 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,
- 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 children aged two or more special educational provision is education or training provision that is additional to, or different from that generally is made for other children of the same age. For a child under the age of two, special educational provision means education provision of any kind. A child under compulsory school age has special educational needs if he or she is likely to fall within the definition shown above when they reach compulsory school age, or would do so if special educational provision were not made available for them.
Children’s special educational needs are generally thought of in the following four broad areas of need and support:
- communication and interaction;
- cognition and learning;
- social, emotional and mental health, and;
- sensory and/or physical needs.
There is often an overlap between disability and special educational needs. Therefore, a child can be defined as being disabled, having a special educational need (SEN) or having both a special educational need and a disability (SEND).
The Equality Act (2010) defines disability as
a physical or mental impairment and the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.
This definition provides a relatively low threshold and includes many children and adults. Long term is defined by the Equality Act as a year or more and substantial is defined as more than minor to trivial.
The Early Years Foundation Stage (EYFS) and SEND
The Early Years Foundation Stage (EYFS) is the statutory framework for children's early education aged 0 to 5 years providing standards for all children's learning (including those with additional needs), development and care in early years settings. All early years providers must follow the safeguarding and welfare requirements of the EYFS and the learning and development requirements, unless an exemption from these has been granted. All Ofsted-registered settings offering early years provision must meet these standards to ensure that children learn and develop well and are kept healthy and safe.
The EYFS states that those that work with young children should be alert to emerging difficulties and respond early to concerns. SENCOs need to be aware that in particular, parent/carers know their children best and it is important that all practitioners listen and understand when they express concerns about their child’s development. They should also listen to and address any concerns raised by children themselves.
The EYFS framework requires non-maintained providers to have arrangements in place for meeting children’s special educational needs. They should have clear arrangements in place for identifying children’s additional needs and to promote equal opportunities. This approach should form part of the provider’s overall approach to monitoring the ongoing assessment of all children’s progress and development.
Those in group provision are expected to identify a SENCO and childminders are encouraged to identify a person to act as SENCO to help support children with SEN.
If a child is also disabled then the child is offered support and protection under the Equality Act 2010. Additional duties are set out within the Act for those settings in receipt of public funding.
How can settings ensure that children with SEND are supported?
Funded early years settings should follow the guidance in the EYFS and SEND Code of Practice to ensure all requirements outlined are incorporated into all aspects of their provision. Settings should ensure that all staff are knowledgeable in relevant law and policy and know how to apply it in their practice. This ensures children's needs are identified early, appropriate support is given, and children are referred onto external agencies if their learning and development continues to be a concern. Below are some other useful resources produced by the Alliance to keep practice lawful and effective:
The SEND Code of Practice for early years settings This publication guides early years providers through the SEND Code of Practice and provides key steps to identifying and supporting children with SEND
Ready Steady SENCO This publication provides guidance on the essential qualities to being an early years Senco
Guide to the Equality Act and Good Practice This publication provides guidance on the Equality Act and good practice in the provision of services for disabled children, adults users and staff
Member settings can download free mini guides on the SEND Code of Practice and Working with children with SEND from our members area
Members can access free Cache endorsed training via our online platform EduCare.
Member settings can contact our dedicated helpline for support and advice on SEND and inclusion issues (Mon- Wed, 9am to 5pm 07845260879)
Non-member settings or member settings requiring addtional support and advice can use our consultancy service. For more information click on this link SEND and inclusion consultancy
Other useful documents
Behaviour issues and SEND
Positive behaviour in young children is located within the context of their development of personal, social and emotional skills.
Settling into a new environment such as an early years setting is an emotional transition for young children especially as they learn to develop and master the complex skills needed to communicate, negotiate, and socialise with their peers. Skills such as turn taking and sharing often instigate minor conflicts between children as they struggle to deal with powerful emotions and feelings.
In early years settings a dedicated key person is responsible for individual children’s needs who will know a child’s level of development, their personal characteristics and specific family circumstances. This knowledge ensures children’s individual needs are understood and supported and issues with behaviour are quickly picked up on. During minor disputes, a child’s key person can help them reflect and regulate their actions and in most instances young children start to learn how to resolve minor disputes themselves. However, some incidents are influenced by other factors such as the child feeling ill or tired and changes in the family such as a new baby. Because of the key person’s relationship with the child and the family these issues can be discussed and with relevant support the behaviour is usually short lived.
Sometimes a child continues to exhibit challenging behaviour despite intervention from their key person and family. In these instances more investigation is needed to rule out more serious issues such as an underlying special educational need/disability or a safeguarding issue. These situations are usually managed by the setting’s SENCO or manager who can apply relevant interventions to seek further help to stop the behaviour escalating and causing further harm.
The Alliance has a range of resources which can support settings who want to learn about managing and addressing behaviour issues:
- Behaviour Matters This publication guides early years setting on how to identify and support children's behaviour in early years settings
- The Alliance You Tube channel presents a webinar on identifying and addressing behaviour issues in the early years
- Member settings can download a mini guide on Promoting Positive Behaviour from our members area
- Member settings can also access free Cache-endorsed training on identifying and addressing behaviour via our online learning partner EduCare
- Member settings can email the Alliance for support and advice on behaviour issues Nicola.Gibson@eyalliance.org.uk.
- Early years settings can access our consultancy services for personalised support and advice behaviour consultancy and SEND and inclusion consultancy
Invitation to participate in a research project
Researchers from Roehampton University are inviting early years managers (or deputy) to take part in an early years research project they are conducting.
The researchers hope to find out from their research whether Ofsted reports and ratings are in anyway related to young children's outcomes. To achieve this, managers from 20 settings will be invited to take part in a 20-minute interview via Zoom and submit five anonymised 2-year progress checks. The research team will also analyse the Ofsted reports of those settings and cross all three sources of data.
If you would like to take part in the research project please send an email to Susana.Castro-Kemp@roehampton.ac.uk The researchers will then be in touch to arrange a suitable time to speak. In exchange for your participation, the research team is available for any training or resource sharing that may be relevant for your setting.
If you are a parent or a member setting and require advice on inclusion issues please call our dedicated helpline on 07845260879 (Mon- Fri, 9am - 5pm)