Education Act 1966
The legal duties on schools and local authorities to meet the special educational needs (SEN) of children are contained in Part IV of the Education Act 1996 – this part of the law is also known as the ‘SEN legal framework’.
The legal definition of SEN is contained in Section 312 of the Education Act 1996
- A child has Special Educational Needs if they have a learning difficulty that requires special educational provision;
- A child with a “learning difficulty” is defined as having a significantly greater difficulty in learning than the majority of children of their age or having a disability that prevents or hinders them from making use of the educational facilities usually available;
- Special educational provision is defined as educational provision which is additional to, or otherwise different from, the educational provision made generally for children of his age.
If a child has SEN, they are legally entitlement to support. These rights sit alongside the rights contained in the Equality Act 2010 for disabled children.
The Education Act 1996 places a number of legal duties on schools and local authorities. For example: schools are placed under a legal duty to use their best endeavors to meet special educational needs; local authorities are placed under a legal duty to undertake a statutory assessment of a child where the school cannot meet their needs, and if necessary make a statement of SEN. The SEN Code of Practice summarises the law and describes how schools and local authorities should behave. It can be found here: https://www.education.gov.uk/publications/eOrderingDownload/DfES%200581%20200MIG2228.pdf
A list of organisations who can offer advice on understanding the Education Act 1996 can be found here: http://www.direct.gov.uk/en/Parents/Schoolslearninganddevelopment/SpecialEducationalNeeds/DG_10016184
Download the Education Act 1996
