Special education in the United Kingdom

Some support available for children with SEN include:[6]

• Extra time to complete the examination
• Rest breaks
• Alternative formats for exam papers
• Use of a reader
• Use of a scribe
• Use of a live speaker for exams that include audio recordings
• Use of a prompter
• Use of a communication professional (a person who can translate questions into British Sign Language or International Sign Language)
• Use of a practical assistant
• Use of a word processor
• Completing the examination in a separate room or venue from other candidates at the school
• Exemption from certain parts of the qualification.

The current regulations for SEN are set out in the Children and Families Act 2014.[7][3] Different levels of support are given to children depending on how much support is required. Most children with SEN are given school-level support, known as SEN support.[8] An Education, Health and Care Plan (EHCP) is given to children and young people who are considered to have complex needs. They can be used for children and young people aged 2–25.[9][10] Children and young people with an EHCP are entitled to a personal budget.[10] Every school must have a Special Educational Needs Co-Ordinator (SENCO), who is responsible for overseeing the support of pupils with SEN.[10] Children with SEN in the UK can attend mainstream or special schools, but legally, local authorities are obliged to educate children in mainstream schools where possible.[3] If a family feels that their child is not receiving sufficient support, they may take their local authority to the Special Educational Needs and Disability Tribunal to appeal any decisions the local authority has made on a child's support.[7][3]

A Local Offer (or LO) is a statement detailing the pattern of support which a local authority expects to be available for children and young people with special educational needs (SEN) and/or disabilities within their area. It must include information about education, health and care provision. It should also tell families about training, employment and independent living options available for young people with special educational needs and/or disabilities. In accordance with the SEND Code of Practice, every local authority must publish a Local Offer.[11] The Local Offer or LO [12] should

• provide clear, comprehensive, accessible and up-to-date information about the available provision and how to access it,
• make provision more responsive to local needs and aspirations by directly involving disabled children and those with SEN and their parents, and disabled young people and those with SEN, and service providers in its development and review.[13]

In Scotland, the term additional support needs is used instead of SEN. As well as children with disabilities, this also encompasses children who may need support for reasons other than disability, such as children who are being bullied or who are in foster care.[14] The Education (Additional Support for Learning) (Scotland) Act 2004 redefined the law relating to the provision of special education to children with additional needs by establishing a framework for the policies of inclusion and generally practicing the "presumption of mainstreaming" in education.[15] Children with complex needs who require support from external organisations are given a co-ordinated support plan.[16] Families who are not satisfied with the support given are entitled to take the education authority Additional Support Needs for Scotland Tribunal.[15][16]

Regulations for SEN in Northern Ireland are currently governed by the Special Educational Needs and Disability Act (Northern Ireland) 2016.[17] In Northern Ireland, there are five stages of SEN support.[18] Stages 1 to 3 are known as school-based stages. Stage 1 is when concerns are first raised about a child having SEN, and support is given within the classroom, such as differentiated work or different teaching strategies.[18] If the child's difficulties improve at this stage, the child is no longer classed as having SEN.[18] However, if they do not improve, the child will be moved to stage 2.[18] At stage 2, advice from the child's GP or the school doctor is sought and an education plan is drawn up by the SENCO, which describes the difficulties the child has and the support they need.[18] If the child does not make good progress at stage 2, they move on to stage 3. At stage 3, external specialists, such as educational psychologists are involved in the child's support.[18] If a child does not make progress while on stage 3, they are referred to stage 4. Stage 4 is also known as Statutory Assessment.[18] Children who have very significant disabilities are referred straight to Statutory Assessment without having to go through the school-based stages.[18] Stage 5 is when a SEN statement is issued. The SEN statement sets out the child's difficulties and the support they require, as well as which school the child should attend (this can be a mainstream or special school).[18]

Funding provision for pupils with Special Education Needs and Disabilities, (SEND) is inadequate and as of 2018 £536 million more was needed from the central government. Many parents of SEND children are complaining that their children are not getting the education they need and some have taken legal action to try and force councils to provide for their SEND children. Councils are unable to carry out their statutory duties towards SEND children due to lack of funding from the central government. Educators also complain that they cannot educate SEND pupils as effectively as they would like due to lack of funding. Councils complain they are overstrethed due to rising demand and insufficient funding. Antoinette Bramble of the Local Government Association said, “We face a looming crisis in meeting the unprecedented rise in demand for support from children with special educational needs and disabilities. Parents rightly expect and aspire to see that their child has the best possible education and receives the best possible support. Councils have pulled out all the stops to try and do this but are reaching the point where the money is simply not there to keep up with demand.” General education spending is also severely stretched making it hard for councils or schools to fund SEND provision out of the general education budget.[27]

In 2019 the Education Select Committee of the House of Commons published a report stating reforms introduced in 2014 had been badly implemented damaging many SEND pupils. Children had to do without support they needed, which affected their mental health as well as their education, children suffered anxiety, depression and self har, children as young as nine had attempted suicide. Children's families had to try and cope with a bureaucracy. The report also criticised a funding shortfall and called for greater accountability in the system. More rigorous inspection systems were called for together with clear consequences following failure. Parents and schools should be able to appeal directly to the DfE if Local Authorities did not meet their legal obligations. School inspections should focus more on SEND, social care ombudsmen and Local Authorities should have greater powers. Robert Halfon MP said, “The DfE cannot continue with a piecemeal and reactive approach to supporting children with Send. Rather than making do with sticking plasters, what is needed is a transformation, a more strategic oversight and fundamental change to ensure a generation of children is no longer let down.” Kevin Courtney of the National Education Union said, “Schools and local authorities want to provide the best possible support for SEND pupils, but the tools needed are generally no longer available due to cuts to local services.” The Local Government Association stated, “Councils support the reforms set out in the Children and Families Act in 2014, but we were clear at the time that the cost of implementing them had been underestimated by the government.”[28]

In the UK local authorities have been cutting special needs provision for children due to austerity. Some children fail to attend school due to severe anxiety, ADHD, autism and similar problems. These children are not getting the special provision they need, they are not getting a diagnosis. Instead the children are treated as truents and their parents are taken to court. A group of parents are mounting a legal challenge to this.[29]

Children with SEN are much more likely to be formally excluded from school or off-rolled.[30] Off-rolling is where a pupil is removed from a school's register, often shortly before GCSEs are due to be taken, which can cause the child's education to be discontinued.[31] There have been claims that children with SEN who are unlikely to achieve the national target of five GCSEs at grades 4 to 9 are being excluded or off-rolled to raise a school's position in league tables. Anne Longfield, the children's commissioner, said “I have become more and more convinced that some schools are seeking to improve their overall exam results by removing vulnerable children from the school roll...sadly this can include children with Send, who have no option but to go into inappropriate alternative provision or home education.”[30]

There have been claims that affluent families will push for their child to be identified as having SEN so that the child can access additional support when the child may not genuinely have any disability. The number of children identified as having SEN has increased. Figures published in 2009 showed that 17.8% of pupils in English schools have SEN an increase from 14.9% in 2005, leading to claims that schools are labelling too many children as having SEN.[32] Lorraine Petersen, the former chief executive of the National Association of Special Educational Needs, has said “they [parents] feel a label will give the child and perhaps the family additional support that they may not get without it; access to benefits, for instance, or support with exams or a place in a specialist setting.”[33] In other cases, schools have been accused of identifying non-disabled children as having SEN to hide poor teaching standards.[34]

Conversely, some people argue that there is a problem with children with disabilities not being identified as needing additional support. This is said to be especially difficult for low-income families, who may not be able to afford private diagnostic assessments for conditions such as dyslexia. Bernadette John, the SEN director of The Good Schools Guide, says: "There’s a good reason why middle-class parents are better able to get a special needs diagnosis for their child: cash. There is a dire shortage of educational psychologists in local authorities, and children can expect a wait of at least a year to see one for a diagnosis."[35]