Theoretical Sen And Legislative Education Essay

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This report will be viewing two setting giving the comparison of two early years' provisions for young children with special education needs. This will involve a theoretical perspective and legislative context of Special Educational Needs (SEN) provision.

Throughout this essay, it will include the definitions of SEN policies, the provision and the role of SENCO. It will also be referring to the Code of Practice in relation to theories of development, support, decision making and assessment.

Theoretical, SEN and legislative

The 10-Year Childcare Strategy in 2004 set out the Government's plans to make early learning and childcare in this country truly world class. It included an ambitious policy programme which was motivated by a wish to see every child develop to their full potential, help parents to work and allow them to make informed choices about their children's care and family life.

This document updates and builds on the 10-Year Strategy. It shows the progress that has been made since 2004, and sets out new steps to address the challenges ahead. Alongside the recent New Opportunities White Paper it sets out some firm proposals, and in other areas it identifies the case for action and the need to develop plans through discussion and consultation

What are Special Educational Needs (SEN)?

A child has special educational needs (SEN) if he or she has learning difficulties or disabilities that make it harder for him or her to learn than most other children of about the same age.

Many children will have special educational needs of some kind during their education. Schools and other organisations can help most children overcome the barriers their difficulties present quickly and easily. A few children will need extra help for some or all of their time in school.

Children make progress at different rates and have different ways in which they learn best. Teachers take account of this in the way they organise their lessons and teach. Children making slower progress or having particular difficulties in one area may be given extra help or different lessons to help them succeed.

You should not assume, just because your child is making slower progress than you expected or the teachers are providing different support, help or activities in class, that your child has special educational needs.

An Act to reform the law relating to children; to provide for local authority services for children in need and others; to amend the law with respect to children's homes, community homes, voluntary homes and voluntary organisations; to make provision with respect to fostering, child minding and day care for young children and adoption; and for connected purposes.

[16th November 1989]

Welfare of the child

When a court determines any question with respect to the upbringing of a child; or the administration of a child's property or the application of any income arising from it, the child's welfare shall be the court's paramount consideration.

In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child.

This Statistical First Release (SFR) brings together the information available on special educational needs and related information about special schools in England. It provides analyses on the characteristics of pupils by their provision of special educational needs (SEN) together with the assessment and placement of pupils with statements of SEN. It is based on pupil-level data collected via the School Census and local authority-level data collected via the SEN2 survey.

In January 2012, some 226,125 pupils (2.8 per cent) across all schools in England had statements of SEN. This percentage has remained unchanged in recent years. In 2012 there were some 1,392,215 pupils with SEN without statements, 17 per cent of pupils across all schools, compared to 17.8 per cent in 2011. Most of the decrease is in pupils at School Action.

Tables 2, 3A, 19 and 20 have been revised on 30 August 2012. The PDF version has been updated to reflect these changes.

On 17 October 2012, additional national-level tables are being added containing a further breakdown of analyses for primary type of special educational need by pupil characteristics (e.g. free school meal eligibility, age, gender, ethnicity). Updated local authority figures on the statements of special educational needs that were finalised within 26 weeks for 2011-12 will be added on this date, replacing the separate statistical release that contained this information in previous years.

The Education Minister, John O'Dowd, published the Summary Report of Responses to the Consultation on the Review of Special Educational Needs (SEN) and Inclusion. In this, the Minister presented the findings from the consultation, indicated his broad direction of travel and outlined his key preferred proposals.  

The Summary Report contains a factual analysis of the responses received to the formal consultation on Every School a Good School - The Way Forward for Special Educational Needs and Inclusion, which ran from August 2009 to January 2010. The Department has carried out a thorough analysis of every response received and reported these responses in the Summary Report and its associated appendices.

Since January 2012, the Department has been engaging with key stakeholders including parents, schools, voluntary and statutory organisations. The Minister has met with a number of organisations and a number of reference group meetings have been held in each Education and Library Board area; these have been attended by parents, teachers, staff working in schools and representatives from voluntary organisations.

Following on from this engagement, on 16th May 2012, the Minister presented a policy paper to the Education Committee for their consideration. The Committee will now have an opportunity to provide feedback on this paper.

The next stage in the development of the SEN & Inclusion Policy will be to develop a Policy Memorandum for presentation to the Executive Committee for its agreement. Following that any proposals for change to primary or subordinate legislation will be drafted. This draft legislation will then go before the Assembly, at which point there will be further public consultation.

The Presentation to the Education Committee, the Summary Report and the original Consultation documents are available for you to download in PDF format. If the documents are not in a format that meets your needs please contact the Special Education and Inclusion Review Team. We will be pleased to consider any requests for copies of this document in alternative formats such as large print, Braille, audio or in other languages.

The code of practice became effective from 1 January 2002. From then LEAs, schools, early education settings and those who help them - including health and social services - have been obliged to have regard to it.

The code is designed to help these bodies to make effective decisions regarding children with SEN. It does not (and could not) tell them what to do in each individual case.

This document should help schools and LEAs to obtain the best value from the considerable resources and expertise they invest in helping children with special educational needs.

The Code of Practice replaces the 1994 Code in England. It was formed following consultation with LEAs, schools, SEN voluntary bodies, the health and social services, and others. This took place between July and October 2000. The draft was then approved by Parliament.


Can the Department provide the following information on:

a. The number of requests for SEN assessments received

b. The number initially rejected

c. The number referred to appeal, and of those, how many were ultimately successful.


In relation to points a) and b), the Department collects information on special educational needs through the school census and the SEN2 survey. This information is published on the Department's website.

The Department is able to supply information relating to calendar years (we do not collect it by school year) from the SEN2 survey about the number of assessments being made for the first time, and how many pupils did not receive a statement after being assessed, as follows:


Total children assessed for SEN during the calendar year 2007 for whom statements were made: 24,790 (see attached table).

Children assessed under Section 323 of the Education Act 1996 during the calendar year 2007 for whom no statement was issued: 1,270.

Breakdowns by local authority area are in Table 17 of the published reports on the Research and Statistics section of the Department's website.


Total children assessed for SEN during the calendar year 2008 for whom statements were made: 26,520.

Children assessed under Section 323 of the Education Act 1996 during the calendar year 2008 for whom no statement was issued: 750.

Breakdowns by local authority area are in Table 18 of the published reports on the Research and Statistics section of the Department's website.


Total children assessed for SEN during 2009 for whom statements were made: 27,550.

Children assessed under Section 323 of the Education Act 1996 during the calendar year 2009 for whom no statement was issued: 1,060.

Breakdowns by local authority area are in Table 20 of the published reports on the Research and Statistics section of the Department's website.

In relation to point c), information is available for academic years in annual reports published by the First-tier Tribunal, Special Educational Needs. The Tribunal has been part of the Tribunals Service, an executive agency of the Ministry of Justice, since November 2008. The full reports provide more context.  The tables relevant to this request are 1.4, 1.6 and 1.7 in the 2007-08 report and 1.5, 1.7 and 1.8 in the 2008-09 report.

Setting A

The details of setting A can be found in appendix 1.


This setting is private provision it's in Central London. Children are entitled to 15 hours a week. This nursery works differently to setting B this one can be very pricey but does offer full days. Over the last few years, the have been 3-5 members of staff with around 32 children and the staff have developed their skills and knowledge to meet the needs of children with significant special educational needs.

The setting has developed and sourced over 10 new multi-sensory resources to help maximise the potential of children with additional and special educational needs. This is way the fee is very high. For children attending settings additional funding necessary to support their special educational needs can be applied for through the Early Years SEN Panel. A statutory assessment and statement of special educational needs is not required for this funding.

The nursery is run by a team of professionally-qualified (NNEB, NVQ 3 and 4, Foundation Degree in Early Child Studies and BA joint honours in Early Child Studies and Education) staff with a variety of childcare experiences. All staff keeps their childcare qualifications up to date with appropriate training recommended by Ofsted.

Have regard to the DfES Code of Practice in the Identification and Assessment of Special Educational Needs and Appoint a Special Needs Co-ordinator (SENCO) to co-ordinate provision throughout the nursery. The school also recognise the importance of early intervention in identifying and meeting the individual needs of children.

The school is an inclusive setting and welcomes all children with special needs and disabilities, recognising their requirements. The philosophy is working in partnership with parents and taking into consideration their views and the views of each individual child.

The registered person is a speech therapist and is aware that some children may have special needs and is proactive in ensuring that appropriate action can be taken. When such a child is identified or admitted to the provision. Steps are taken to promote the welfare and development of the child within the setting in partnership with the parents and other relevant parties.

The setting is committed to working in partnership with parents and carers to support children who have barriers in learning new tasks and skills.

Setting B

The last one is Setting B which you can find in appendix 2.


Setting B is a primary school is also in central London and this is a government funding by Camden town council the children can come at the age of four years. The rooms are spacious and very well resourced. We have a dedicated early year's centre, music and performing arts suite and a computer suite - as well as computers in every classroom.

There are three outdoor play areas for the children including a wildlife garden, two quiet gardens and games areas.

Children may have learning; physical, emotional/ behavioural or social needs which require special support or provision over the long or short term. Their needs are identified and assessed by SEN co-ordinator (SENCO) and according to the national code of practice and help is provided in school or sometimes from outside agencies for those who need it.

The Mission Statement at school is the mission to create a school community where everyone works together to provide an excellent all round education for our children. In doing so they will ensure that all children are safe and feel included, that they engage fully with opportunities offered to them, enjoy their learning and achieve highly.

The school work in close partnership with parents and carers to encourage them to be involved in their children's education. They value our parents and carers and they are always welcome in school.

The Educational Social Worker and School Nurse visit weekly. Children have a medical examination when they start school, which parents are asked to attend. The Dental health team check teeth once a year.

I have suggested by being together and have meetings, we learn from each other, support one another, tackle challenges together and extend our knowledge of the wider world; also have a strong desire to learn and improve will lead all learners to achieve their very best; By working with the principle and teachers in having a system that will enable a consistently positive experience, the swift resolution of problems and positive partnership working.

Comparison of two settings -

The difference in the children population for the most part

Private schools are able to choose candidates from a pool of applicants. Therefore, they can take the best and most well-behaved students. Public schools educate anyone and everyone who comes through the door.

Interestingly enough, private schools have a reputation as having the best students. However, several recent studies indicate that public schools are much better at educating students and have higher performing students in general. 

Researchers believe this stems from the fact that the public schools must find ways to enrich even the lowest of students. If someone is not doing well, they are required by law to provide remediation. Through this remediation, most low performing students are caught up. Private schools, on the other hand, do not always keep up with the latest methods.

While there are many differences between public and private schools, the primary difference is the approach to discipline. In a private school the rules of the school are clearly laid out when you sign the contract to attend a private school. By signing the contract you agree to abide by the terms of the contract which include consequences for infraction of the discipline code. In a public school you have rights - constitutional rights which must be respected. The disciplinary process takes time and frequently is a cumbersome, complicated process. Students quickly learn how to play the system and can tie teachers up in knots for weeks over disciplinary matters.

When you are not fighting for control of a class, you can teach. Because parents send their children to private school to learn, the focus is on learning. Of course, there will still be the usual teenage experimenting with authority and the limits. But, as a rule, that kind of testing is fairly harmless. Why? Because everybody knows the rules. The code of conduct spells out serious consequences for disrespecting a teacher or a classmate. The code of conduct is enforced. Bullying is unacceptable behavior. Disruptive behavior is unacceptable. Fighting is unacceptable. Discipline promotes an atmosphere for learning.

Discipline is a critical part of the three way partnership private school education is all about. When you sign the contract with the school, you commit to a three way partnership. While the school takes care of the academics and provides a host of other services while your child is in its care, you are still required to be involved. The school will not allow you to be a silent partner. It will insist on your involvement.