Date Created: 25th March 2025
Summary of Key Information:
As a school leader, your responsibility for supporting pupils with Special Educational Needs and Disabilities (SEND) is both a moral and a statutory one. Inclusive education is underpinned by three essential legislative documents:
- The SEND Code of Practice (2015) – Sets out statutory guidance on duties, policies and procedures relating to Part 3 of the Children and Families Act 2014.
- The Equality Act 2010 – Ensures that children with SEND are not discriminated against and are given equal opportunities.
- The Children Act 1989/2004 – Emphasises the welfare of the child as paramount and places a duty on services to cooperate in supporting vulnerable children.
Inclusive practice means more than just meeting needs—it involves actively removing barriers to participation and learning. Leaders must ensure their setting meets the legal requirements, fosters an inclusive culture, and promotes high expectations for all pupils.
Recent Updates from the DfE:
1. SEND and AP Improvement Plan (2023)
In response to the 2022 SEND Review Green Paper, the DfE released a long-term improvement plan. Key proposals include:
- A new national SEND and AP system, with standardised education, health and care (EHC) plans.
- Better early identification of needs and streamlined access to support.
- Establishment of Local Inclusion Plans (LIPs) to set out clear roles across education, health, and care.
These updates reaffirm the Children and Families Act 2014 and stress that all school leaders must be active participants in local area SEND arrangements.
2. National Standards Pilot
Set to be trialled in 2025, these standards will guide what provision should look like across the country—reducing the "postcode lottery" in SEND support.
Reference: DfE SEND and AP Improvement Plan, 2023
Recent Updates from Ofsted:
1. SEND Area Inspections Framework (2023)
Introduced in January 2023, the new framework shifts the focus from "how services work together" to how effectively needs are being met. Leaders must evidence that:
- Pupils with SEND are identified early and accurately.
- Support is coordinated, timely and leads to improved outcomes.
- Families are involved in meaningful co-production.
2. Inclusive Practice as Part of Quality of Education
Ofsted’s Education Inspection Framework (EIF) emphasises inclusive classroom teaching as the first step in the graduated approach. Inspectors will expect:
- Teachers to adapt teaching methods for all pupils.
- Leaders to monitor and evaluate the impact of SEND support.
- Pupil outcomes and preparation for adulthood to be a strategic priority.
Reference: Ofsted Framework and SEND Area Inspections, 2023
What Does High-Quality SEND Provision Look Like?
To assess the quality of your school's current SEND provision, consider the following areas of best practice alongside their legal foundations:
Identification of needs should happen early and not rely solely on attainment data, in line with the SEND Code of Practice (2015), sections 6.14–6.20. Read our Blog about this here.
Inclusive teaching must be embedded throughout the school, with Quality First Teaching (QFT) as a consistent standard, as outlined in Teachers’ Standards (Part 1) and SEND Code of Practice section 6.36.
The graduated response should follow a clear and structured Assess–Plan–Do–Review cycle, as defined in sections 6.44–6.56 of the Code.
Pupil voice is essential—children should be listened to and involved in decisions affecting them, reflecting Section 19 of the Children and Families Act 2014.
Parents and carers must be treated as equal partners in planning and provision, as supported in Chapter 6 of the SEND Code of Practice.
Staff training on SEND should be ongoing and strategically planned, fulfilling the Public Sector Equality Duty under the Equality Act 2010.
Accessibility must be ensured through reasonable adjustments made proactively, as required by Schedule 10 of the Equality Act 2010.
Finally, Education, Health and Care (EHC) plans should be effective, highly personalised, and regularly reviewed, as required by Chapter 9 of the SEND Code of Practice and the Children and Families Act 2014.
Each of these areas reflects both statutory requirements and recognised best practice, and should underpin your whole-school approach to inclusion.
Supporting Resources:
SEND Code of Practice Compliance Checklist
SEND Monitoring Plan
Take a look at our SENDCO or School Leader Planners here
Inclusion Checklist
Further Reading Recommendations
1. The Inclusive Classroom: A New Approach to Differentiation by Daniel Sobel
2. The SENCO Handbook By Elizabeth Cowne & Geraldine Mackinnon
3. Education, Equality and Human Rights by Mike Cole
4. SEND in the Mainstream by Jean Gross
References
- Department for Education. (2015). SEND Code of Practice: 0 to 25 years.
- Department for Education. (2023). SEND and AP Improvement Plan.
- Equality Act 2010. (UK Parliament).
- Children and Families Act 2014. (UK Parliament).
- Children Act 1989 & 2004. (UK Parliament).
- Ofsted. (2023). Area SEND inspections: framework and handbook.
- Ofsted. (2023). Education Inspection Framework.
- Department for Education. (2011). Teachers’ Standards.
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