Q:
Is there a legal test a child has to meet to be classified as SEN?
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07 Apr 2021
A: SenseCheck
- 2 Yes
- 0 No
- 0 Other
- 23 Jun 2021
-
Yes
Simple
Yes.
In simple terms,
1. They find it lots more difficult to learn than their peers.
or
2. They have a disability that hinders or prevents them fully joining in school life.
or
3. Is under-5 and would tick either option #1, #2 or both.
This is a very simplified version of law.
When you simplify law, it's not always as precise, so take a look at the complex answer too.
If in doubt, chat to your local SEND Information, Advice & Support Service. You'll find their details via Google or your local council's Local Offer webpages.
Aaron King
9000 Lives SEND Consultancy - 07 Apr 2021
-
Yes
Complex
EA1996 s312: A child has SEN “if he [or she] has a learning difficulty which calls for special educational provision to be made for him [or her]”. He has a learning difficulty if “(a) he [or she] has a significantly greater difficulty in learning than the majority of children of his age, (b) he [or she] has a disability which either prevents or hinders him [or her] from making use of educational facilities of a kind generally provided for children of his [or her] age in schools within the area of the local authority, or (c) he [or she] is under compulsory school age and is, or would be if special educational provision were not made for him [or her], likely to fall within paragraph (a) or (b) when of that age.”
Part 2 can include narrative description of a child as well as specifying SEN (cf R v Secretary of State for Education ex p E
[1992] 1 FLR 377): W v Leeds CC [2005] EWCA Civ 988, [2005] ELR 617.
https://www.legislation.gov.uk/ukpga/1996/56…
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