The new Code of Practice is available free from the Department for Education and Skills (e-mail dfes@prolog.uk.com or from the website www.dfes.gov.uk), and sets out the duties of schools and Local Education Authorities (LEAs) with respect to the identification and assessment of pupils with special educational needs.  It replaces the 1994 Code and became effective from January 2002.  An equivalent Code operates in Wales (but not Scotland, which has different procedures.  Information on the latter is available from www.scotland.gov.uk).  Bilingual copies of the Welsh Code can be obtained from matthew.humphries@wales.gsi.gov.uk or the website www.wales.gov.uk.

A useful guide for parents on the new Code is available from the DfES (e-mail dfes@prolog.uk.com). 

The new Code retains much of the guidance from the original 1994 Code, but takes into account the experiences of schools and LEAs in using the original Code and developments in education since 1994.  It includes new rights and duties introduced by the SEN and Disability Act 2001 and Regulations.

The main changes from the original Code are:

1.      The provision of a stronger right for children with SEN to be educated at a mainstream school

2.      New duties on LEAs to arrange for parents of children with SEN to be provided with services offering advice and information and a means of resolving disputes

3.      A new duty on schools and relevant nursery education providers to tell parents when they are making special educational provision for their child

4.       A new right for schools and relevant nursery providers to request a statutory assessment for a child

Also, the new Code recommends that in order to help match special educational provision to children’s needs, schools and LEAs should adopt a graduated approach through School Action and School Action Plus and Early Years Action and Early Years Action Plus in early education years.  These phases of resourcing replace the old 5-staged model within the old Code.

Part 2 of the Special Educational Needs and Disability Act 2001 amends the Disability and Discrimination Act 1995 to prohibit all schools from discriminating against disabled children in their admission arrangements, in the education and associated services provided by the school for its pupils or in relation to exclusions from schools.  

From last September 2002, schools are required not to treat disabled pupils less favourably for a reason relating to their disability and to take reasonable steps to ensure that they are not placed at a substantial disadvantage to those who are not disabled.  A Disability Rights Code of Practice for schools will explain these new anti-discrimination duties to schools. 

Additional guidance to be read in conjunction with the new Code is available in the “SEN Toolkit” (ref. 558/2001, available from the DfES, as above).

Parents may request a statutory assessment of their child’s special educational needs at any time.  However, the following features are stressed:

1. An LEA does not have to comply with the request if a statutory assessment has been made within 6 months of the date of the request or, if it has a view that a statutory assessment is not necessary.

2. A parental request should normally follow discussions between the parents and relevant professionals, such as teachers and support professionals.

3. Parents may decide to request an assessment if they believe that their child needs are either not being met or are so substantial that a mainstream school could not meet them effectively from within their own resources.

4. Parents of very young children with complex needs can request an assessment.

5. Where a child attends an independent school or is educated at home and a parental request is made, the same procedures should apply.

6. The LEA must decide within 6 weeks whether to carry out the assessment and must inform the child’s head teacher that the parent has made a request.  It must also inform the educational psychology service, the designated officers of the Social Services Department and the health authority as well as other agencies that might be later asked for advice.

Parents can appeal their case to the SEN Tribunal.  Its name has recently changed to the Special Educational Needs and Disability Tribunal (SENDisT).  It is independent of central and local government and covers England and Wales only.  It decides and hears parents’ appeals against LEA decisions on children’s special educational needs. SENDisT also decides and hears parents’ claims about disability discrimination in schools. The regulations governing the Tribunal’s work are:

1.     Statutory Instrument 2001 No. 600 The Special Educational Needs Tribunal Regulations 2001 

2.      Statutory Instrument 2002 No. 1985 The Special Educational Needs and Disability Tribunal (General Provisions and Disability Claims Procedure) Regulations 2002 

Both are available from HMSO for £4 each. You can, however, view and download the text of the regulations free of charge from the HMSO website. Follow the links to Statutory Instruments and the relevant year. 

A useful book for professionals and parents is How to Appeal Booklet (Sep 02) published by the SENDisT:  ISBN: 1 84185 802 1 DfES Publications Reference: TRI 022. SENDisT also provides its How to Claim Booklet (Sep02) ISBN: 1 84185 803.  DfES Publications reference: HTC 001.  This gives advice to parents who wish to pursue a claim against LEAs and schools because of disability discrimination.   

The help line for the Tribunal is 01325 392 555 and the website is www.sentribunal.gov.uk. IPSEA provides a useful publication: Taking Action: Every Child’s Right to Appropriate Education. 3rd edition. This covers 40 of the most common problems facing parents of children with special needs before, during and after assessment.