Created: 26 March 2025
Written with 2023 DfE and Ofsted guidance. Updated 13 October 2026: current policy position, the SEN information report duty and Ofsted's inclusion evaluation area.
Introduction
Early identification of Special Educational Needs and Disabilities (SEND) is both a statutory duty and a cornerstone of inclusive, high-quality education. Effective identification enables timely support, better outcomes, and more equitable school experiences. This guide offers senior leaders a clear summary of legal obligations, national updates, and practical strategies to evaluate and improve identification practices.
1. Understanding the Legislative Framework
SEND Code of Practice (2014)
The SEND Code of Practice: 0 to 25 years, issued under the Children and Families Act 2014, is the statutory foundation for SEND practice in England.
Key Identification Responsibilities:
- Early Action (Sections 6.14–6.20): Identification must be proactive—not delayed until academic gaps widen.
- Graduated Response (Sections 6.44–6.56): Teachers must assess, plan, do, and review in partnership with the SENCO.
- Behaviour ≠ Misconduct (Sections 6.21–6.23): Persistent behaviour issues should prompt SEND exploration—not just sanctions.
Resource: SEND Code of Practice (DfE, 2014)
Your SEN information report must cover identification
Under section 69(3)(a) of the Children and Families Act 2014 and regulation 51 and Schedule 1 of the SEND Regulations 2014, the governing body or proprietor of every maintained school, maintained nursery school and academy must prepare an SEN information report. Schedule 1 item 2 requires the school's policies for identifying and assessing pupils with SEN; the report also names the SENCO and sets out how parents and young people are consulted, how complaints are handled and where the local offer is published. The Code (para 6.79) says it must be published on the school website, updated annually, and updated as soon as possible when something changes during the year.
Leadership action: check that your published report describes how you actually identify and assess SEN today, and that it is dated within the last 12 months. Owner: the SENCO drafts; the headteacher and governing body (or trust board) sign off.
2. Recent DfE and Ofsted Developments
DfE SEND & AP Improvement Plan (2023)
The Department for Education’s 2023 plan emphasised earlier, more consistent identification through:
Greater investment in early language and communication support.
Widespread EHCP and SEND training for school staff.
Development of national SEND Standards to standardise quality across schools and LAs.
Leadership Implication: Ensure your staff access CPD on identifying early signs of SEND, especially for less visible needs such as emotional regulation, speech and language, and neurodivergent profiles.
Ofsted SEND Area Reviews (2023)
Ofsted’s thematic analysis of local area SEND inspections revealed:
Delays in identification, particularly for children who mask or present atypically.
Over-reliance on attainment data to define SEND needs, ignoring wider developmental and contextual information.
Leadership Implication: Expect inspection scrutiny of your graduated response model and how you use teacher insight, not just performance data, to inform early identification. (Since November 2025 this sits in Ofsted's "inclusion" evaluation area. The toolkit for inspections from 7 September 2026 looks for a culture in which early and accurate assessment of pupils' needs is prioritised, and for leaders who quickly and accurately identify pupils facing barriers.)
3. Self-Evaluation: Is Your School Identifying SEND Effectively?
Use these prompts to evaluate your current practices:
✅ Are teachers—not just the SENCO—actively engaged in early identification?
✅ Is the graduated response embedded and understood across all teaching staff?
✅ Do referrals include teacher observation, development history, and contextual analysis—not just attainment data?
✅ Are parents/carers involved at the earliest stage of concern?
✅ Do all staff feel confident in spotting early signs of less obvious SEND?
If you answered ‘yes’ to most, your school demonstrates effective practice. If you answered ‘no’ to several, consider the actions below.
4. Strengthening Underperforming Practices
Build Staff Capacity
- Deliver CPD on SEND indicators including:
- Neurodiversity (e.g., autism, ADHD)
- Speech, language & communication needs (SLCN)
- SEMH, sensory processing, and anxiety masking
- Clarify that every teacher is a teacher of SEND.
Refine Processes
- Update your SEND Identification Policy.
- Embed SEND discussions into pupil progress meetings.
- Create pathways for teachers to raise concerns confidently and informally.
Improve Data Triangulation
- Use multiple sources: classroom observations, parent perspectives, behaviour and attendance logs.
- Implement evidence-informed screening tools (e.g., SLCN checklists, dyslexia screeners).
Engage Families Early
- Communicate concerns early, clearly, and compassionately.
- Offer SEND information sessions to promote shared understanding and trust.
Utilise External Expertise
- Access early advice from:
- Educational Psychologists
- Speech and Language Therapists
- Autism Outreach Teams
- Explore toolkits from trusted bodies such as Whole School SEND.
Tool: Whole School SEND Review Guide
Summary for School Leaders
✔️ Early, evidence-based, and inclusive identification is a statutory requirement and moral imperative.
✔️ DfE and Ofsted emphasise teacher-led, contextual, and family-informed identification practices.
✔️ Continuous audit, staff development, and external collaboration are essential for effective SEND practice.
Key Resources
- SEND Code of Practice (2014)
- DfE SEND and AP Improvement Plan (2023)
- Ofsted SEND Area Inspection Summary (2023)
- Whole School SEND Review Toolkit
- HeadteacherChat.com – SEND Blog Series
- Downloadable Templates and SEND Planners (Available via community portal)
Author's Note
This guide is designed to support senior leaders in developing lawful, evidence-informed, and inclusive approaches to SEND identification. Regular self-evaluation, meaningful staff engagement, and partnership with families are essential ingredients in delivering a SEND system that works for all.
For updates, tools, and expert blogs:
