All terms shown in bold type throughout this leaflet are explained below. Relevant website addresses are listed below, in case you are reading a hard copy of this leaflet.

Children and Families Act 2014:

This law came into force on 1st September 2014. Part 3 of the Act sets out the new law on special educational needs and disability. The Act is supported by the SEND Regulations 2014 and the SEND Code of Practice: 0-25 Years. You can download a copy of the Act at http://www.legislation.gov.uk/ukpga/2014/6/contents/enacted

Disagreement resolution:

Local authorities must provide independent disagreement resolution to help parents and young people resolve disputes with local authorities, schools and other settings about SEND duties and provision. You can find more about disagreement resolution in the SEND Code of Practice 11.6 to 11.10.

EHC Needs Assessment:

The assessment is a detailed look at the special educational needs that the child or young person has and what help he or she may need in order to learn. It is sometimes called a statutory assessment. You can find out more in the SEND Code of Practice sections 9.45 – 9.52.

Education Health and Care plan (EHC plan):

An EHC plan describes the special educational needs that a child or young person has and the help that they will be given to meet them. It also includes the health and care provision that is needed. It is a legal document written by the local authority and is used for children and young people who have high support needs.

First Tier Tribunal (SEN and disability):

The First-tier Tribunal (Special Educational Needs and Disability) is a legal body. The Tribunal hears appeals from parents of children with SEN, and young people with SEN, about EHC needs assessments and EHC plans. You can find out more & access the relevant forms at https://www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability

Local Offer:

The Local Offer, published by every local authority, tells you what support is available for children and young people with special educational needs and/or disabilities, and their families. It includes information about education, health and care provision. It also gives information about training, employment and independent living for young people with special educational needs and/or disabilities.

Mediation:

Mediation is a type of disagreement resolution. Every local authority must provide independent mediation to help parents and young people resolve disputes with local authorities about:

• a decision not to carry out an EHC needs assessment

• a decision not to draw up an EHC plan

• the content of a final EHC plan or amended plan

• a decision not to amend an EHC plan

 •adecision to cease tomaintain an EHCplan.

Mediation must also be provided on the health and social care elements of an EHC plan. You can find more information on mediation in the SEND Code of Practice 11.13 to 11.38.

Mediation advice:

The purpose of mediation advice is to give information about what mediation involves. Parents or young people who wish to register an appeal with the First Tier Tribunal (SEN and Disability) must first seek mediation advice. The advice must be factual and unbiased. After mediation advice has been given the parent or young person can choose whether they wish to go to mediation. However it is not necessary to seek mediation advice if the appeal is only about the name of the school, or college named on the plan, the type of provision specified in the plan or the fact that no school or other institution is named. You can find more information on mediation advice in the SEND Code of Practice 11.21 to 11.25.

Must:

The SEND Code of Practice says in Section i of the Introduction:

…where the text uses the word ‘must’ it refers to a statutory requirement under primary legislation, regulations or case law.

This means that wherever the term ‘must’ is used all the organisations listed in Section iv of the Introduction to the Codehave alegaldutyto do what the Code says.

Outcome:

Section 9.66 of the SEND Code of Practice says:

An outcome can be defined as the benefit or difference made to an individual as a result of an intervention. It should be personal and not expressed from a service perspective; it should be something that those involved have control and influence over, and while it does not always have to be formal or accredited, it should be specific, measurable, achievable, realistic and time bound (SMART). When an outcome is focused on education or training, it will describe what the expected benefit will be to the individual as a result of the educational or training intervention provided.

SEND Code of Practice:

This is the statutory guidance that supports Part 3 of the Children and Families Act 2014. It tells local authorities, early years settings, schools, colleges, heath and social care providers and others what they must and should do to identify, assess and provide for children and young people with SEN or disabilities. You can download a full copy of the Code at https://www.gov.uk/government/publications/send-code-of-practice-0-to-25 You can download a shorter version for parents at https://www.gov.uk/government/publications/send-guide-for-parents-and-carers

SEN support:

SEN support includes any help for children and young people with SEN that is additional to or different from the support generally made for other children of the same age. The purpose of SEN support is to help children achieve the outcomes or learning objectives that have been set for them by the school. Schools should involve parents in this process. SEN support replaces Early Years Action/Action Plus and School Action/Action Plus.

SEND Tribunal:

See First Tier Tribunal (SEN and disability)

H&F SENDIASS:

We are your local SENDIAS Service (Special Educational Needs and Disabilities Information, Advice & Support Service). We are a FREE statutory service that operates on a confidential and impartial basis.

All our advisers have completed SEND Legal training accredited by the Law Society and are either IAG Qualified or working towards.

Our contact details are as follows:

Web: www.hfsendiass.org.uk

Email: info@hfsendiass.org.uk

Tel: 0203 886 0839

Statement of Special Educational Need:

Under the Education Act 1996 local authorities issued Statements of Special Educational Need for children whose needs could not be met through the provision normally made by schools.

The Children and Families Act 2014 replaced Statements with EHC plans.

Children and young people who had a Statement should have transferred to an EHC Plan by 1st April2018