Special Educational Needs duties in the Education Act 1996
Though the definition of disability comes from the DDA and the definition of SEN comes from the Education Act 1996, there is significant overlap between the two groups of children.
The definition of SEN includes many, but not necessarily all, disabled children: a disabled child has special educational needs if they have a disability and need special educational provision to be made for them in order to be able to access the education which is available locally.
The SEN duties require schools and LAs to make appropriate provision for children and young people with SEN, so the provision of 'auxiliary aids and services' is not included in the reasonable adjustments duty under the DDA.
Governing bodies of schools are required to use their 'best endeavours' to ensure that appropriate provision is made for children with special educational needs. Both LAs and schools, and others working with them, are required to 'have regard to' the SEN Code of Practice which provides the main guidance on how they might interpret their duties. SEN responsibilities are coordinated within the school by the SEN Co-ordinator (SENCO).
Parents who do not agree with the decisions of the LA about the assessment of their child's needs, or the special educational provision to be made for their child through a statement, have a right of appeal to the SEN and Disability Tribunal (SENDIST).
SEN Framework and planning duties
DDA reasonable adjustments: requirementsDDA reasonable adjustments:key factors
DDA improving access schools: requirements
DDA improving access schools: key messages
DDA improving access: LA requirements
DDA improving access: LA key messages
Removing Barriers to Achievement
Equality and Human Rights Commission
Special Educational Needs and Disability Tribunal (SENDIST)
Page created: 16 February 2007
