The Children & Families Act 2014 defines Special Educational Needs and Disability (SEND) in the following way
- A child or young person has SEN if they have a learning difficulty or disability which calls for special educational provision to be made for him or her
- A child or a young person of compulsory school age has a learning difficulty or disability if he or she:
- has a significantly greater difficulty in learning than the majority of others of the same age, or
- has a disability which prevents or hinders him or her from making use of facilities of a kind generally provided for others of the same age in mainstream schools or mainstream post-16 institutions
Many children and young people who have SEN may have a disability under the Equality Act 2010 – that is ‘…a physical or mental impairment which has a long-term and substantial adverse effect on their ability to carry out normal day-to-day activities’. This definition provides a relatively low threshold and includes more children than many realise: ‘long-term’ is defined as ‘a year or more’ and ‘substantial’ is defined as ‘more than minor or trivial’.
Click here to view The Children and Families Act 2014