Special Educational Provision (SEP)
“WHAT IS SEP?”
For children over two years, SEP is educational provision which is additional to, or different from, the educational provision generally made at the following: mainstream schools, maintained nursery schools, mainstream post-16 institutions and places where relevant early education is provided. SEP could cover, for example, some individual support or input from therapists. For children under two years, it can be educational provision of any kind. Under the Children and Families Act 2014, health and social care provision which helps to educate or train a child or young person is also to be considered as SEP.
“WHO PROVIDES SEP?”
It is the duty of all schools and institutions that are subject to the SEN Code of Practice to use their ‘best endeavours’ to ensure that children or young people with SEN receive a suitable education. In most cases this will require SEP. The SEP may be carried out internally by existing members of staff or via external sources such as a therapist visiting the school at set times in a week. The particular way SEP is set delivered will depend on the type of school and the needs of individual pupils.
If schools or other institutions do not have the adequate resources to provide the level of SEP that a particular child or young person needs, then the Local Authority ('LA') may be required to carry out an EHC needs assessment of the individual, in part to determine what SEP they require.
“WHAT SAY DO PARENTS AND YOUNG PEOPLE HAVE OVER THE TYPE OF SEP THAT THE LA WILL OUTLINE IN AN EHC PLAN?”
By law, LAs must have regard to the views of young people, children and their parents concerning their education. LAs must ensure that parents, children and young people are fully informed, supported and actively involved in decision-making processes around the type of SEP that will be made available.
“What if the needs of an individual with SEN change?”
LAs have a duty to conduct an annual review of EHC Plans/Statements. They must ensure that the provision outlined in them is up to date and relevant. If the LA refuse to amend an EHC Plan/Statement after an annual review then parents or young people have the right to appeal that decision to the First-tier Tribunal.
“What if my child is being home-schooled?”
In cases where an EHC Plan/Statement states that a child or young person will be home-schooled, it is the LA’s duty to provide any SEP outlined in that EHC Plan/Statement. This is not the case, however, where the LA has named an institution in an EHC plan and the parents or young person have chosen to home-school instead.
For children over two years, SEP is educational provision which is additional to, or different from, the educational provision generally made at the following: mainstream schools, maintained nursery schools, mainstream post-16 institutions and places where relevant early education is provided. SEP could cover, for example, some individual support or input from therapists. For children under two years, it can be educational provision of any kind. Under the Children and Families Act 2014, health and social care provision which helps to educate or train a child or young person is also to be considered as SEP.
“WHO PROVIDES SEP?”
It is the duty of all schools and institutions that are subject to the SEN Code of Practice to use their ‘best endeavours’ to ensure that children or young people with SEN receive a suitable education. In most cases this will require SEP. The SEP may be carried out internally by existing members of staff or via external sources such as a therapist visiting the school at set times in a week. The particular way SEP is set delivered will depend on the type of school and the needs of individual pupils.
If schools or other institutions do not have the adequate resources to provide the level of SEP that a particular child or young person needs, then the Local Authority ('LA') may be required to carry out an EHC needs assessment of the individual, in part to determine what SEP they require.
“WHAT SAY DO PARENTS AND YOUNG PEOPLE HAVE OVER THE TYPE OF SEP THAT THE LA WILL OUTLINE IN AN EHC PLAN?”
By law, LAs must have regard to the views of young people, children and their parents concerning their education. LAs must ensure that parents, children and young people are fully informed, supported and actively involved in decision-making processes around the type of SEP that will be made available.
“What if the needs of an individual with SEN change?”
LAs have a duty to conduct an annual review of EHC Plans/Statements. They must ensure that the provision outlined in them is up to date and relevant. If the LA refuse to amend an EHC Plan/Statement after an annual review then parents or young people have the right to appeal that decision to the First-tier Tribunal.
“What if my child is being home-schooled?”
In cases where an EHC Plan/Statement states that a child or young person will be home-schooled, it is the LA’s duty to provide any SEP outlined in that EHC Plan/Statement. This is not the case, however, where the LA has named an institution in an EHC plan and the parents or young person have chosen to home-school instead.
For further information:
This information is meant to be helpful but Douglas Silas Solicitors cannot be responsible for any loss caused by reliance upon it. If you have concerns about your child, please seek professional educational/healthcare advice. Should you find anything which you believe to be inaccurate please Contact Us as soon as possible.
