Sort

• 14 Feb 2022

• Yes

  Complex

  Yes. The rules are set out in CFA2014.

  CFA2014 s20: a CYP has SEN when he or she “has a learning difficulty or disability which calls for special educational provision to be made for him or her”. He or she has such a learning difficulty or disability if he or she “(a) has a significantly greater difficulty in learning than the majority of others of the same age, or (b) 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.”

  Note that this is a material change from the EA1996 test. The EA1996 test compared the provision this CYP requires and what is generally provided within the area of the relevant LA. That meant that the same CYP could be considered to have SEN in one LA area but not in another.

  The comparison is now between the provision this CYP requires and what is generally provided to other CYP in mainstream schools generally (i.e. nationally). The comparison with what is provided generally to others of the same age – i.e. with general mainstream provision and not with what mainstream institutions might provide to some pupils/young people. So the question of whether a CYP has SEN does not change depending on where they live or where they study.

  See also: COP2015 Introduction xiii-xxiii

  

  Noddy 'no-nonsense' Guide
  Authors: David Wolfe QC, Leon Glenister

0 This is helpful

|

Comment

Post