Last updated:
12th March 2024
Government legislation and council SEND strategies
SEND policies and strategies
For Wokingham Borough Council policies and guidance documents relating to Special Educational Needs and Disability (SEND) go to our SEND strategies, policies and plans web page.
The UK government has put many laws in place to protect the rights and dignity of people with disabilities. You can familiarise yourself with some of them using the information below.
The Children and Families Act (2014)
The Children and Families Act (2014) introduced key changes to the Special Educational Needs and Disability (SEND) system:
- Educational, Health, and Care Plan (EHCP) replace the statement of special educational needs.
- School Action and School Action Plus is replaced by a school-based category, Special Educational Needs (SEN) Support.
- Personal budgets for those with an Education, Health, and Care Plan.
- Mediation for parents going to Tribunal.
- Individual Action Plans no longer used.
- A SEN Code of Practice - Chapter 4 of the code of practice explains the duties under The Local Offer.
What does this mean for young people and their families?
The introduction of this act put the child or young person and their family at the centre of the process.
Examples of the positive impact it has had include:
- Children's Special Educational Needs (SEN) are identified early and support is put in place quickly.
- Young people and their parents have greater control over the services they use.
- Parents know what they can expect their pre-school, primary and secondary schools, college, local authority, health services, and local services to provide.
- Practitioners have the knowledge, understanding, and skills to support children and young people who have SEN or disabilities.
- Children and young people are encouraged to be optimistic regarding their academic achievements and capability in their wider lives.
- For more complex needs, practitioners work together with families. In some cases, a singular Education, Health, and Care Plan is created that can be in place from birth to age 25.
Young person's guide to the Children and Families Act 2014
UK Government legislation and guidance
The Care Act 2014
The Care Act 2014 introduced reforms to put people and their carers in control of their care and support. The Act ensures:
- New rights to carers
- A national eligibility criteria framework and assessments for care and support services
- Prevention services
- Smoother transition between children's and adult services
- Easier to move between boroughs without disrupting support - continuation of services
- Universal deferred payments
- Universal information and advice (including signposting to independent financial advice)
- Safer services promoted by the statutory Safeguarding Board
- Market development and failure - shifting focus to which support and care services people need and how they need them provided
- Partnership working
Under the Act, anyone who might need care and support is entitled to a needs assessment, which the council must carry out.
Carers who have needs are entitled to a carer's assessment.
The UK Government website has a number of factsheets explaining how the Care Act places new duties and responsibilities on the local authorities
Mental Capacity Act 2005
The Mental Capacity Act 2005 protects vulnerable people over the age of 16 around decision-making. The Mental Capacity Act 2005 Code of Practice states the 5 statutory principles are:
- A person must be assumed to have capacity unless it is established that they lack capacity.
- A person is not to be treated as unable to make a decision unless all practicable steps to help them to do so have been taken without success.
- A person is not to be treated as unable to make a decision merely because they make an unwise decision.
- A decision made on behalf of a person who lacks capacity must be done, or made, in their best interests.
- Before a decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a less restrictive way of the person’s rights and freedom of action.
On the 16th of May 2019, the Mental Capacity (Amendment) Act was approved as an Act of Parliament (law). The Act introduces the Liberty Protection Safeguards (LPS), which is a new model to safeguard and protect individuals.
Disability Discrimination Act 1995 and the Equality Act 2010
The Disability Discrimination Act 1995 states that education providers are not allowed to discriminate against disabled children or students by treating them less favourably without justification.
They must make reasonable adjustments so that disabled pupils are not put at a substantial disadvantage.
Schools are required to produce accessibility plans and provide information in their annual reports regarding arrangements for disabled pupils.
The Equality Act 2010 protects people from discrimination in the workplace and in wider society.
Read the UK Government easy-read guide on The Equality Act (PDF document).
Autism Act 2009
The Autism Act 2009 does two key things:
- Put a duty on the Government to produce and regularly review an autism strategy to meet the needs of autistic adults in England.
- Put a duty on the Government to produce statutory guidance for local authorities to implement the strategy locally.
Useful websites and resources
For further information about the rights of children and young people with SEND and their families, see below:
- Mencap have created a factsheet that sets out what rights young people and parents have under the Special Educational Needs system. Visit the Mencap website to download the factsheet
- The Independent Provider Special Education Advice (IPSEA) offers legally based information, advice, and support to help get the right education for children and young people with special educational needs (SEN) and disabilities. Visit the IPSEA website for useful factsheets, model letters and information on their advice and tribunal helplines
- The Autism Education Trust (AET) website provides information and advice for parents and carers on supporting their child to reach their full potential in the education system including advice on exclusion