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SOUTHEND-ON-SEA BOROUGH COUNCIL GUIDANCE CRITERIA FOR STATUTORY ASSESSMENT OF SPECIAL EDUCATIONAL NEEDS January 2014 1

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SOUTHEND-ON-SEA BOROUGH COUNCIL

GUIDANCE CRITERIA FOR STATUTORY ASSESSMENTOF SPECIAL EDUCATIONAL NEEDS

January 2014

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INTRODUCTION Recognising the need for transparency and consistency in practices and provision for special educational needs and to support the work of schools and support services on behalf of children and young people with SEN, Southend-on-Sea Borough Council has developed guidance criteria for statutory assessment. This builds on the criteria for School Action Plus Star (STAR) and Statements of Special Educational Need issued by the borough in February 2004. The reasons for this change are described below.

Funding ChangesThe Education Act 1996 and the 2001 Special Educational Needs Code of Practice have provided the basis for the current framework for provision for children with Special Educational Needs. Southend built on this with the use of additional delegated funds (STAR) to provide schools with more flexibility in using SEN budgets and to become more proactive. The last few years have seen significant change and development which means STAR has been overtaken by national changes. The way schools and further education colleges are funded is being aligned and simplified by the Education Funding Agency (EFA). Since April 2013 the Dedicated Schools Grant (DSG) given to all schools and academies across the country has included a notional SEN element. This means schools are now required to provide support of up to £6,000 to meet a pupil’s SEN. Where a pupil requires more support than this for ongoing needs, the school may apply for a statutory assessment leading to either a statement or EHC plan. For pupils with either a statement or EHC plan the local authority can top-up the £6,000 support already provided by the school to the level required to meet the pupil’s special educational needs as determined by the statutory assessment.

New Legislation The Children and Families Bill and the draft SEN Code of Practice currently going through parliament refer to a graduated approach but the terms ‘school action’ and ‘school action plus’ are not mentioned. This is discussed in more detail below. Also the main areas of special educational need have been slightly altered to these four broad areas:

1. Communication and interaction 2. Cognition and learning 3. Social, mental and emotional health 4. Sensory and/or physical

Statutory Assessment, Statements, LDAs and Education Health and Care PlansStatements and S139a Learning Difficulty Assessments (LDA) are being replaced by a single Education Health and Care (EHC) Plan from September 2014 that covers children, young people from 0 to 25. As with statements, a statutory assessment is required to make an EHC plan. The threshold criteria for statutory assessment under the 2001 Special Educational Needs Code of Practice will remain the criteria for statutory assessment under the new code but will need to include those previously covered by LDAs. It is expected that any child or young person that would have met the criteria for a statement or LDA will meet the criteria for an EHC plan.

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WHEN TO REQUEST A STATUTORY ASSESSMENT Definition of special educational needsA child or young person has SEN if they have a learning difficulty or disability which calls for special educational provision to be made for them. A child of compulsory school age or a young person has a learning difficulty or disability if they:

a) have a significantly greater difficulty in learning than the majority of others of the same age; or b) have a disability which prevents or hinders them from making use of educational facilities of a kind generally provided for others of the same

age in mainstream schools or mainstream post-16 institutions. A child under compulsory school age has special educational needs if they fall within the definition at (a) or (b) above or would do so if special educational provision was not made for them.

Additional Support (formerly School Action and School Action Plus)The support settings are required to provide is detailed in section 6 of the draft SEN code of practice which states:

“All early years and education providers are responsible for meeting special educational needs. [Settings] must use their ‘best endeavours’ to secure the special educational provision called for by a child or young person’s SEN.”

“For higher levels of need, schools should have arrangements in place to draw on more specialised assessments from external agencies and professionals. These arrangements should be agreed and set out as part of the local offer.”

“The majority of children and young people with SEN have their needs met through mainstream education providers and will not need Education, Health and Care plans (EHC plans), described in Chapter 7. Mainstream providers have general duties under Part 3 of the Children and Families Bill.”

The Children and Families Bill requires Local Authorities to publish information about provision they expect to be available in their area for children and young people from 0 to 25. This ‘local offer’ must provide information for children and young people with special educational needs (SEND) and their parents or carers in a single place. The local offer should provide detailed information about education, health and care provision for children and young people with SEND how to access it. In addition, schools will be required to publish under the Special Educational Needs (Information) Regulations, more detailed information about their arrangements for identifying, assessing and making provision from their delegated resources for pupils with SEN. The school will also need to record which pupils are accessing these provisions. This should build on the SEN management systems and use of provision mapping recommended in the 2004 criteria:

Senior managers will want to demonstrate to all staff that the needs of pupils can be met in a systemic way. A programme of training, piloting and supporting teachers in classrooms will move staff forward enabling them to take on greater responsibility for meeting individual needs in the classroom. This will include careful planning and recording of pupil progress. It is important for those in school who are managing provision for SEN to have a clear understanding of current provision and resources. An SEN audit and analysis using provision mapping (J Gross 2003) will enable schools to stand back from the daily demands of meeting the needs of SEN pupils, and form a strategic model for the future based on current practice. In this way it will be possible to be creative and flexible with provision that is able to change as the profile of pupils alters. The role of the SENCO will shift from a manager of a bureaucratic paperwork system to more of a facilitator/consultant

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to staff. In addition the SENCO will have an enhanced role in monitoring and evaluating the effectiveness of provision and in managing staff teams. This approach has the advantage of making provision that is rooted in teaching and learning rather than individual pupil needs. Such an approach also encourages a climate of responsibility taken on by the whole school rather than the SEN department in isolation.

Requesting an assessmentThe following people have a specific right to request that a local authority conduct an education, health and care needs assessment for a child or young person aged between 0 and 25:

a) The child’s parent (or an advocate on their behalf).b) The young person over the age of 16 (or an advocate on their behalf).c) A person acting on behalf of a school or post-16 institution (this should be with the knowledge and agreement of the parent or young person

where possible).In addition, anyone can bring a child or young person who has (or may have) SEN to the attention of the local authority. This could include, for example foster carers, health and social care professionals, early years practitioners, youth offending teams or probation services, those responsible for education in custody, school or college staff or a family friend. Again, this should be done with the knowledge and agreement of parents or the young person where possible.

Statutory Guidance on when to make an assessmentThe draft code states:

“In considering whether a statutory assessment is necessary, local authorities should pay particular attention to: a) The views, wishes and feelings of the child and his or her parents, or the young person. b) Evidence of the child or young person’s academic attainment and rate of progress. c) Information about the nature, extent and cause of the child or young person’s SEN. d) Evidence of the action already being taken by the early years provider, school or post-16 institution to meet the SEN. e) Evidence that where progress has been made, it has only been as the result of much additional effort and instruction at a sustained level

over and above that which is usually provided. f) Evidence of the child or young person’s physical, emotional and social development and health needs. g) Where a young person is aged over 18, their age and whether remaining in education or training would help them to progress, building on

what they have learned before and helping them to make a successful transition to adult life.

The 2001 Special Educational Needs Code of Practice also gave the following guidance for deciding when to make a Statutory Assessment which remains relevant:

“In deciding whether to make a statutory assessment, the critical question is whether there is convincing evidence that, despite the school, with the help of external specialists, taking relevant and purposeful action to meet the child’s learning difficulties, those difficulties remain or have not been remedied sufficiently and may require the LEA to determine the child’s special educational provision.”

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Summary

The new statutory guidance is specific that local authorities should pay particular attention to evidence that where progress has been made this is due to support at a sustained level over and above that which is usually provided. In order for an assessment to be agreed, Southend will need to consider whether the pupil’s needs will require more support than the £6,000 schools can already provide (and will be required to provide if a statement or EHC plan is issued) or more support than is available to early years settings and colleges without an EHC plan. Southend will need to see evidence that targeted support (incorporating professional advice) has been put in place for a sustained period (usually 2 terms) and that its effectiveness has been reviewed in order for statutory assessment to be agreed.

The criteria focuses on the evidence the authority will need to consider from schools, settings and parents. It gives an indication of the key questions which the authority will need to ask when deciding whether to initiate a statutory assessment. The criteria does not set out hard and fast rules. The decisions made will consider all the circumstances of each individual case and will be made in close consultation with parents, schools, settings and other agencies.

Useful links:

Training materials for teaching pupils with SENDhttp://education.gov.uk/schools/pupilsupport/sen/b00209601/send-materials-advanced

About the P scaleshttp://www.education.gov.uk/schools/teachingandlearning/assessment/a00203453/about-the-p-scales

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A guide to National Curriculum levels expected at end of year for Key Stages 1 – 3 i.e. Age 6 - 15 yearsLevel:At end of academic year:

P3 or less

P4 P5 P6 P7 P8 1c 1b 1a 2c 2b 2a 3c 3b 3a 4c 4b 4a 5

Y1 Age 6+Y2 Age 7+Y3 Age 8+Y4 Age 9+Y5 Age 10+Y6 Age 11+Y7 Age 12+Y8 Age 13+Y9 Age 14+

National average Consider statutory assessment School based intervention NB Statutory assessment should not be requested unless (a) the pupil’s attainments match those above and (b) the pupil has made negligible progress with school based intervention (School Action and School Action Plus)

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REQUEST FOR STATUTORY ASSESSMENT OF A PUPIL’S SPECIAL EDUCATIONAL NEEDSSENCO Checklist -Does your submission meet the Criteria for Statutory Assessment?

The pupil’s attainment (literacy & numeracy) meet the criteria set down for possible statutory assessment set out in the General Guidance on a Graduated Response for Cognitional and Learning: mild, moderate, severe and profound learning difficulties.

✓ ? ✘

Consultation has been provided by external services (e.g. educational psychology) to school staff and parents, which resulted in a co-ordinated approach to meeting the pupil’s needs.

✓ ? ✘

Each of the relevant areas has been addressed over the appropriate period of time. ✓ ? ✘Criteria for referral to external services for individual assessment have been met and evidence submitted. ✓ ? ✘The school has taken appropriate additional action over time. (including implementing group/individual support up to the delegated amount of £6,000 for a minimum period of two terms)

✓ ? ✘

A plan has been drawn up showing why an additional assessment and/or top-up support are needed and how this would be used.

✓ ? ✘

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COMMUNICATION AND INTERACTIONSpeech and language delay, impairments or disorders

Speech and Language DifficultiesChildren with speech and language difficulties will often be identified before they are 5 years old. Early language difficulties often lead to difficulties with literacy skills, social communication, and emotional development. Children with severe speech and language difficulties can only be identified by a detailed assessment of their speech, language and overall communication, cognitive processing and emotional functioning.

This section sets out thresholds and criteria in respect of children who appear to be developing normally in all other aspects of development but who have a “specific language impairment”. Speech and language difficulties are often a feature of other Special Educational Needs, and are also considered in Sections on:

Disorders on the autistic continuum Behaviour, Emotional and Social

Development Sensory and or Physical Needs

A wide range of difficulties are covered by the term: ‘Specific Language Impairment’. It can be difficult for non-specialists to understand the diagnostic labels used, and their relevance to the teaching situation. It is therefore essential that specialists ensure that their reports are both able to be understood by non-specialists, and written from the perspective of the implications for the child’s teaching and learning in school. The definitions below are for broad guidance to teachers in their compiling requests for statutory assessment and for reference in the decision-

making process about whether statutory assessment is appropriate.

Developmental Language DelayThis describes a delay in one or more aspects of a child’s language development; once the language has developed, it does so in the normal pattern and sequence. There is broad variation in ages at which normal development of language takes place, although there is also a “sensitive period” beyond which normal language will probably never develop. It should be noted that in this context language does not imply pronunciation.

Developmental Language DisorderThis refers to language development which is delayed, unusual or uneven to the extent that it interferes with the child’s ability to communicate and to learn. It is a general term; there are different elements to language learning and therefore different areas of potential impairment.

Phonological/Severe Pronunciation ProblemsImpaired intelligibility is one of the most common specific language difficulties. The child is unable to use the sound set of English in order to generate meanings. The problem may be defined as delay (unintelligible to an unfamiliar adult at age 4 years) or non-typical development. Dyspraxia may be a feature. Although most phonological difficulties appear to be resolved by the end of the first year in school, impaired phonological awareness underlies problems with the acquisition of literacy skills.

Expressive LanguageExpressive language means the language a child uses to express himself or herself and includes his or her ability to use an appropriate vocabulary, find word labels for objects, structure sentences grammatically, and convey meaning to others.

Receptive Language/Language ComprehensionLanguage comprehension means the child’s understanding of the language he or she hears and includes his or her ability to understand vocabulary, obtain meaning from the way that sentences are structured (the grammar of the language), and understand the messages that are being conveyed.

Social Communication/Semantics and PragmaticsSemantics refers to handling the meaning of words and sentences, expressing meaningful ideas that reflect what is going on and understanding the expression of ideas by other people. It is about “knowing what is being talked about”. Pragmatics refers to knowing and using the social uses to which language is put, being able to use language in different ways on different occasions, and having an appropriate sense of audience. Apparent semantic-pragmatic disorder may result from specific difficulties with development of language, or be an indication of a more pervasive disorder, such as those of the “autistic continuum”.

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COMMUNICATION AND INTERACTION Speech and language delay, impairments or disordersApproximate levels of development and attainment expected at the 1st, 5th and 10th centiles for mid-year age levelsAgeNC year

10th centile(School Action)

5th centile(School Action Plus)

1st centileStatutory Assessment

Illustrative examples of statutory assessment optimal achievements

3y 2mYear -2

approx. 2y 2m approx. 1y 8m approx. 1y 2m knows 10 words says “gone” or “all gone” responds to “all gone” points to 3 pictures when named

3y 8m approx. 2y 8m approx. 2y 2m approx. 1y 8m names 4 toys asks questions by intonation asked where’s? - points to self turns pages to find a picture

4y 2mYear -1

approx. 3y 2m approx. 2y 8m approx. 2y 2m uses very common adjectives answers “what's this?” says “dad go” mimes song actions

4y 8m approx. 3y 8m approx. 3y 2m approx. 2y 8m names familiar TV characters uses “a” and “the” says “daddy go work” carries out 2 familiar commands

5y 2mReception (Year 0)

approx. 4y 2m approx. 3y 8m approx. 3y 2m points to pictures to identify action words understands and uses simple ‘wh’, ‘what’,

‘where’ questions starting to understand simple concepts uses simple sentences

6y 2mY1

Working towards level 1approx. 5y 2m

Working towards level 1approx. 4y 8m

Working towards level 1approx. 4y 2m

speech intelligible to all uses compound sentences carries out 3 directions can retell a simple past event in correct

order responds to simple instructions.

7y 2mY2

Level 1 - working towards level 2approx. 6y 2m

Level 1 - working towards level 2approx. 5y 8m

Working towards level 1approx. 4y 8m

answers “why?” with explanation says whether words rhyme tells a 3 sequence story gives easy opposites in a game

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COMMUNICATION AND INTERACTIONDisorders on the autistic continuum

Children with disorders on the autistic continuum will often cause concern by the time that they are 3 years old, and a diagnosis of autism or of having an autistic spectrum disorder is likely to be made before they are 5 years old. The SEN Code of Practice stresses the importance of early identification, assessment and intervention. Recent research suggests that when a child is under 3, clinical judgement is the more effective indicator of autism than the application of checklists of autistic features; however, those children inappropriately diagnosed as autistic are likely to have severe and complex learning needs. Validated concern about autistic features should therefore always trigger comprehensive multidisciplinary assessment, and statutory assessment is not required for this to take place.

Children with disorders on the autistic continuum can only be identified by a detailed assessment of their: social awareness and communication; language; imagination; cognitive processing; and emotional functioning.

This section sets out thresholds and criteria in respect of children who appear to be autistic. However, disorders on the autistic continuum are often a feature of other special educational needs, and are frequently found in conjunction with severe learning difficulties.

A wide range of difficulties are covered by the term ‘autistic’, and it can be difficult for non-specialists to understand the diagnostic labels used, and their relevance to the teaching situation. The label ‘autistic’ gives limited

information about any one individual child. It is therefore essential that specialists ensure that their reports are both able to be understood by non-specialists, and written from the perspective of the implications for both the child’s learning as well as teaching in school. The definitions below are for broad guidance to support teachers in their compiling requests for statutory assessment and for reference in the decision making process about whether statutory assessment is appropriate.

Autism Autism is an innate developmental disorder which affects at least 4 in every 10,000 members of the population. The basic impairments can occur with varying degrees of severity. It occurs in conjunction with severe learning difficulties in about one half of people with autism, and with moderate learning difficulties in a quarter. As with other developmental disorders, there may be other Special Educational Needs.

All children with autism will show deficits in • social awareness• social communication and language• creative/imaginative development.

A diagnosis of autism does not always imply special educational needs so complex and severe that the local authority must determine the provision to be made.

Asperger’s SyndromeAsperger’s Syndrome is the term generally used to describe the presentation of some children where language is well developed, but there are impairments of social interaction, communication and imagination that may adversely affect the child’s development and progress. It was previously estimated that about 20 people in every 10,000 may be affected. Current estimates are much higher. Impairments may be very specific, such as in inability to understand the use of metaphor.

A diagnosis of Asperger’s Syndrome does not imply special educational needs so severe and complex that the local authority must determine the provision to be made. Current estimates are that there are likely to be a number of pupils in most schools who could be diagnosed as having Asperger’s Syndrome. All teachers need knowledge and understanding of the condition.

Semantic/Pragmatic DisorderSemantics refers to handling the meaning of words and sentences, expressing meaningful ideas that reflect what is going on and understanding the expression of ideas by other people. It is about “knowing what is being talked about”. Pragmatics refers to knowing and using the social uses to which language is put, being able to use language in different ways on different occasions, and having an appropriate sense of audience. Apparent semantic-pragmatic disorder may result from specific difficulties with development of language, or be an indication of a more pervasive disorder, such as those of the “autistic continuum”.

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COMMUNICATION AND INTERACTIONDisorders on the autistic continuum

Impaired Social Awareness• Difficulty adapting behaviour to the

requirements of the setting• Difficulty understanding the ‘rules of life’

generally• Reduced/absent awareness of danger• Tendency to follow own agenda and has

difficulty conforming• Maybe a tendency to tantrums or disruptive

behaviour• Difficulty accepting adult-directed lead• Maybe very passive and lack initiative

Impaired Social Communication• Reduced desire to interact (especially with

peers)• Reduced, or inappropriate, approaches to

others (in verbal or non-verbal modalities)• Reduced, or inappropriate, eye contact• Tendency to isolation• Reduced awareness of others’ needs or

emotions• Where social interaction appears to be

developing, may be very egocentric and restricted to child’s own focus on interest only.

Impaired Social Communication (Language)• Understanding and/or use of language may

be absent• Understanding and use of language may be

otherwise delayed with deviant aspects e.g. echolalia, jargon, “learned” or idiosyncratic phrases

• Impairments also affect gestural communication

• Concrete-bound• Literal interpretations leading to

misunderstanding• Odd intonation: may be monotonous, high

pitched or bizarre. May copy adult intonation patterns inappropriately

• Limited ‘scripts’ e.g. talks about obsessive interest, repeats chunks from videos or stories

• Expressive language may range from limited output to highly verbal child with tendency to tangential responses, limited topics, reduced ability for two-way conversation

• Difficulty with more abstract aspects of language or linguistic concepts: shows up on specific language assessment.

Impairment of Imagination• Absent or limited peer play• Absent or reduced creative play: lack of

make believe, but may have better abilities re constructional play, puzzles, matching tests etc

• May have obsessive interest in objects or specific toys

• Tendency to resist change and indulge in repetitive activities or routines

• May have stereotypic movements e.g. twirling, running, tip-toe walking, hand flapping etc

• May have islets of ability, e.g. good role memory skills, good visual skills, precocious knowledge of numbers, letters, shapes etc.

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COMMUNICATION AND INTERACTIONDisorders on the autistic continuumGeneral guidance on a graduated responseAspect of learning need

(School Action) (School Action Plus) Request for Statutory Assessment

Cognitive development

See Section on Cognition and Learning See Section on Cognition and Learning See Section on Cognition and Learning

Attainments See Section on Cognition and Learning See Section on Cognition and Learning See Section on Cognition and Learning

Behaviour See Section on Behaviour, Emotional and Social

See Section on Behaviour, Emotional and Social

See Section on Behaviour, Emotional and Social

Social awareness Sufficient concern for pre-school provision to be recommended; in school, IEPs focusing on social awareness required.

Clear difficulty responding to social situations and adult direction; social training and individual support needed; atypical development.

Clear difficulty responding to social situations and adult direction; social training and individual support needed; atypical development found in <1% of children.

Social communication

Some concern expressed about social communication; progress over 3 months; preschool provision or social skills training recommended.

Difficulty in peer interaction and using language for communication. In the context of the child’s developmental pattern, a level of concern which might occur for up to 5% of children.

Severely impaired social communication skills, requiring either intensive programmes of social communication training or highly structured specialist provision in a planned environment.

Language Some concern about expressive language in relation to progress in other areas of development; over-literal response to verbal communication.

In the context of the child’s developmental pattern, a level of specific concern which might occur for up to 5% of children; semantic/pragmatic difficulties. Adaptation of communications by adults essential.

In the context of the child’s developmental pattern, a profound inability to use language appropriately; a degree of semantic/pragmatic difficulties which might occur for up to 1% of children; Adaptation of communications by adults essential, with cues such as visual prompts and signalled routines.

Imagination Some concern about levels of symbolic play in younger and ability to understand symbolism in poetry and literature in older children.

In the context of the child’s developmental pattern, an inability to show empathy, or to predict the emotional response of others.

In the context of the child’s developmental pattern, a profound impairment of ability to show empathy, or to predict the emotional response of others. Concrete responses to an extent which impairs learning and may threaten the child’s safety in everyday situations.

Ability to conform to essential school routines

Conforms with prompting and some adaptation to the curriculum and classroom environment.

Planned approaches needed to enable the child to remain within the class group; specific IEPs developed to reduce disruption; adult assistance needed several times a day.

The child finds a full session or day within the classroom intolerable; unable to participate in the full curriculum, despite School Action Plus adaptations and assistance, and IEPs over a period of time.

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COGNITION AND LEARNINGMild, moderate, severe and profound learning difficultiesMild and Moderate Learning DifficultiesPupils with general learning difficulties experience significant problems across the majority of the curriculum. Their general level of development and academic attainment is significantly below that of their peers. In many cases difficulties will include speech and/or language developmental delay. Some children may have poor social skills and/or may show signs of emotional and behavioural difficulties.

It is suggested that around 18% of the whole population in mainstream schools will have Special Educational Needs at some stage in their school life. A majority of these pupils would have general learning difficulties, with many previously referred to as having mild learning difficulties. The incidence of such difficulties will vary between schools.

Severe or Profound Learning DifficultiesChildren with very severe or profound and multiple learning difficulties are almost always identified before they reach statutory school age. In most cases the local authority will be able to draw upon a considerable body of existing knowledge arising from assessments carried out and provision made by Child Health and Social Services.

ProvisionAlmost all children with learning difficulties will be educated within mainstream schools, without the need for a statement of Special Educational Need/EHC Plan. Schools are expected to meet the majority of these pupils’ needs from their delegated resources with advice from universal and targeted services where required. Often they will progress at a slower pace than the majority of their age group. This will not necessarily mean that their needs are not being met appropriately by the varying levels of provision in schools; it may reflect best possible progress. Provision in mainstream schools will range from the normal differentiated curriculum practices in the classroom to detailed programmes on the advice of support services, supported by additional staff where necessary. Provision up to a cost of £6,000 per pupil is expected to be provided by the school from their notional SEN budget.

Statutory assessment should never be seen as an answer to non-educational problems. For example, if a child is at risk from social circumstances, it is important that there is communication with the appropriate agency that can protect the child. However, when ascertaining the need for statutory assessment, the local authority will take account of all relevant factors.

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COGNITION AND LEARNINGMild, moderate, severe and profound learning difficultiesApproximate levels of development and attainment expected at the 1st, 5th and 10th centilesAgeNC year

10th centile(School Action)

5th centile(School Action Plus)

1st centileStatutory Assessment

Illustrative examples of statutory assessment optimal achievements

1y 2m(14m)

n/a n/a n/a n/a

1y 8m(20m)

14 month levels Areas of development below 14 month levels

8 month levels Explores objects with hands and mouth. Tries to reach, grasp and manipulate

things.2y 2m(26m)

18 month levels Areas of development below 18 month levels

12 month levels Enjoys looking at books and other printed material with familiar people.

Notices changes in number of objects/ images or sounds in group of up to 3.

Responds to what carer is paying attention to, e.g. following their gaze.

2y 8m(32m)

20-24 month levels Areas of development below 20 month levels

16 month levels Handles books and printed material with interest.

Develops an awareness of number names through their enjoyment of action rhymes and songs that relate to their experience of numbers.

Has some understanding that things exist, even when out of sight.

3y 2m(38m)

24-30 month levels Areas of development below 24 month levels

18 month levels Co-operates in dressing. Takes off hat, socks, tries to put on shoes

Feeds self with a spoon. Finger feeds Explores environment with interest Points to a few pictures of well-known

objects, people or animals on request Interested in cause and effect toys; filling

and emptying containers

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Approximate levels of development and attainment expected at the 1st, 5th and 10th centilesAgeNC year

10th centile(School Action)

5th centile(School Action Plus)

1st centileStatutory Assessment

Illustrative examples of statutory assessment optimal achievements

3y 8m(44m)

26-32 month levels Areas of development below 26 month levels

20 month levels Interested in books and rhymes and may have favourites.

Knows that things exist, even when out of sight.

Beginning to organise and categorise objects

Says some counting words randomly.4y 2m(50m)

30-36 month levels Areas of development below 30 month levels

24 month levels Enjoys scribbling, makes deliberate marks and dots

Completes unfamiliar 3 piece form board or posting box without help

Builds tower of 5-6 bricks. Turns pages of a simple picture book to

find named picture Takes a toy or book to adult to read or

share Can thread large beads onto shoelace Spontaneously relates real objects to

doll e.g. feeds with a cup, combs hair5y 2mReception

Working towards Level 14y 0m level & below

Working towards Level 13y 6m levels & below

Working towards Level 136 months levels and below

Has some favourite stories, rhymes, songs, poems or jingles.

Repeats words or phrases from familiar stories.

Fills in the missing word or phrase in a known rhyme, story or game

Knows that print conveys meaning. Distinguishes between the different

marks they make. Selects a small number of objects from a

group when asked. Begins to make comparisons between

quantities. Knows that a group of things changes in

quantity when something is added or taken away.

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Approximate levels of development and attainment expected at the 1st, 5th and 10th centilesAgeNC year

10th centile(School Action)

5th centile(School Action Plus)

1st centileStatutory Assessment

Illustrative examples of statutory assessment optimal achievements

6y 2mY1

Working at P Scale level5y 0m levels & below

Working towards Level 14y 4m level & below

Working towards Level 14y 0m levels & below

draws a man - head, trunk & limbs names 3 shapes repeats rhymes or songs copies a triangle on request

7y 2mY2

Level 1 - working towards Level 26y 0m levels & below

Level 1 - working towards Level 25y 8m levels & below

Working towards Level 15y 0m level & below

names 8 colours names 5 letters of the alphabet puts numerals 1 - 10 in sequence prints own name counts by role 1 - 20

8y 2mY3

Level 1 - working towards Level 16y 10m levels & below

Level 1 - working towards Level 26y 4m levels & below

Working towards Level 1c.51⁄2 y levels & below

points to name numerals 1 - 25 copies a diamond shape can add and subtract combinations to 3 sight reads 10 printed words writes 5 high frequency words

9y 2mY4

Level 2 - working towardsLevel 37y 4m & below

Level 1 - working towards Level 27y 0m & below

Level 1 - working towardsLevel 2c.6 year levels & below

can add and subtract combinations to 10 says letters of alphabet in order can copy text accurately puts together and tells 3-5 part

sequence story uses initial sounds in writing

10y 2mY5

Level 2 - working towardsLevel 38y 0m & below

Level 2 - working towards Level 37y 4m & below

Level 1 - working towardsLevel 2c.61⁄4 year levels & below

letters are clearly shaped and correctly oriented

writing communicates meaning through simple words and phrases

recognises familiar words in simple texts talks about matters of immediate interest counts, orders, adds and subtracts

numbers to 1011y 2mY6

Level 2 - working towardsLevel 38y 9m & below

Level 2 - working towards Level 37y 8m & below

Level 1 - working towardsLevel 2c.61⁄2 year levels & below

reading of simple text shows understanding and is generally accurate

when explaining ideas language used demonstrates a growing vocabulary begins to write a sequence of sentences

with capital letters and full stops understands the place value each digit

to 100

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Approximate levels of development and attainment expected at the 1st, 5th and 10th centilesAgeNC year

10th centile(School Action)

5th centile(School Action Plus)

1st centileStatutory Assessment

Illustrative examples of statutory assessment optimal achievements

12y 2mY7

Level 2 - working towardsLevel 39y 2m & below

Level 2 - working towards Level 38y 1m & below

Level 2 - working towardsLevel 3c.7 year levels & below

can add & subtract with 2 digit numbers can retell a short story reading & spelling at 7 yr levels can read simple c-v-c words and names can read and spell 20 high frequency

words13y 2mY8

Level 3 - working towardsLevel 49y 2m & below

Level 2 - working towards Level 38y 6m & below

Level 2 - working towardsLevel 3c.71⁄2 year levels & below

simple monosyllabic words are usually spelt

correctly or a plausible phonetic alternative is used

can spell & read 50 high frequency words

uses different forms of writing appropriately

structures and writes a sequence of sentences using capital letters and full stops

knows 2,5 and 10 multiplication tables14y 2mY9

Level 3 - working towardsLevel 4

Level 2 - working towards Level 3

Level 2 - working towardsLevel 3c.8 year levels & below

can speak and listen competently in different contexts

pupils read a range of texts fluently and accurately

uses strategies in reading appropriately to establish meaning

spelling usually accurate including that of polysyllabic words

handwriting shows development of a legible cursive style

uses mental recall of addition and subtraction facts to 20

NoteThe column labelled statutory assessment describes, for each national curriculum year group, a range of levels of functioning: national curriculum attainment levels; developmental language, literacy and numeracy levels; and

examples of curriculum related assessment. Where there is evidence that a pupil is functioning at or below these levels, the panel will consider whether statutory assessment is required. A pupil operating above the levels described in the table, in the absence of other

difficulties, is unlikely to be considered to require statutory assessment.

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The table also proposes the ranges of levels of functioning that might be considered for entry to school based intervention (School & School Action Plus). This does not imply that all children operating at these levels should be at these stages, as teachers may choose to meet the needs of groups of children through differentiation and group teaching, and the stage at which a child is placed at any given time will depend on the extent to which the teacher or SENCO requires additional assessment and advice.

There are three points that must be stressed: The table should not be used as a checklist,

but as a reference document against which to examine the evidence.

Not all criteria will necessarily apply. There are pupils with significant general

learning difficulties, who will function below the level of other pupils, but to the best of their ability throughout their school career; this does not mean that statutory assessment is appropriate for these pupils,

or that schools should necessarily keep these pupils on their SEN register.

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COGNITION AND LEARNING:Specific learning difficultiesGeneral guidance on a graduated responseSpecific Difficulty

(School Action) (School Action Plus) Requests for statutory Assessments

Attainment in 1 or 2 areas of literacy or numeracy

See Section on Mild, Moderate, Severe and Profound Learning Difficulties

See Section on Mild, Moderate, Severe and Profound Learning Difficulties

See Section on Mild, Moderate, Severe and Profound Learning Difficulties

Significant difficulty or delay in acquiring literacy skills

See Section on Mild, Moderate, Severe and Profound Learning Difficulties

See Section on Mild, Moderate, Severe and Profound Learning Difficulties

See Section on Mild, Moderate, Severe and Profound Learning Difficulties

Dyspraxia Some concern, taken into account in IEP planning and implementation

Advice sought from EPS See Section on Mild, Moderate, Severe and Profound Learning Difficulties

Significant difficulties in sequencing and visual perception

Some concern, taken into account in IEP planning and implementation; diagnostic work undertaken.

Advice sought from EPS, and health specialists where appropriate; IEP focused on these areas; on advice, adaptations to curricular approaches.

Significant difficulty with sequencing and visual perception found in <1% of children.

Deficiencies in working memory

Some concern, taken into account in IEP planning and implementation; adaptations to curriculum presentation

Advice sought from external services where appropriate; IEP focused on these areas; on advice, adaptations to curricular approaches.

See Section on Mild, Moderate, Severe and Profound Learning Difficulties

Disordered and delayed language functioning

Advice from speech and language therapist; in school diagnostic work

Referral to speech and language therapist; IEP focused on these areas; on SLT advice, adaptations to curricular approaches.

See Section on Speech & Language Difficulties

Emotional and behavioural difficulties

Withdrawn or disruptive behaviour; inability to concentrate; signs of frustration and distress.

Withdrawn or disruptive behaviour; inability to concentrate; signs of frustration and distress.

See Section on Emotional & Behavioural Difficulties

This table gives thresholds and very general guidance on statutory assessments for specific learning difficulties.Where general learning difficulties appear to be the predominant need, the relevant section applies.Where emotional and behavioural difficulties appear to be pervasive or extreme, the relevant section applies.Where there is clearly a language disorder, the relevant section applies.

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SOCIAL, MENTAL AND EMOTIONAL HEALTH Emotional and behavioural difficulties

Pupils with emotional and/or behavioural difficulties may also have learning difficulties as described in the section on Cognition and Learning. The emphasis is on whether the pupil meets expectations of progress in school; some, but by no means all, children with emotional and behavioural difficulties (EBD) also disrupt the education of others.

The draft Code of Practice states:For some children and young people, difficulties in their emotional and social development, can mean that they require additional and different provision in order for them to achieve. Children and young people who have difficulties with their emotional and social development may have immature social skills and find it difficult to make and sustain healthy relationships. These difficulties may be displayed through the child or young person becoming withdrawn or isolated, as well as through challenging, disruptive or disturbing behaviour.

A wide range and degree of mental health problems might require special provision to be made. These could manifest as difficulties such as problems of mood (anxiety or depression), problems of conduct (oppositional problems and more severe conduct problems including aggression), self-harming, substance abuse, eating disorders or physical symptoms that are medically unexplained. Some children and young people may have other recognised disorders such as attention deficit disorder

(ADD), attention deficit hyperactive disorder (ADHD), attachment disorder, autism or pervasive developmental disorder, an anxiety disorder, a disruptive disorder or, rarely, schizophrenia or bipolar disorder.

Schools, colleges and early years providers should identify clear processes to consider how they will support such children, as well as how they will manage the effect of any disruptive behaviour so it does not adversely affect other pupils. Many schools and colleges offer pastoral support, which may include access to counselling sessions, to help their pupils and students with emotional, social or mental health difficulties. This should be described in their published SEN policy and schools should ensure a solid evidence base for any interventions offered. Staff may need training and support to understand the nature and extent of problems that require more specialist intervention. Where more specialist provision is required, schools, colleges and early years providers should have clear arrangements in place with local health partners and other organisations for making appropriate referrals to Child and Adolescent Mental Health Services (CAMHS). This might include schools and colleges commissioning specialist CAMHS directly. It is best practice for CAMHS to offer a ‘triage’ service to identify and provide for children and young people who need specialist provision very quickly. Where needs are less urgent, this service can signpost them

to appropriate sources of support whether provided by CAMHS or other services

ProvisionFor most children, these difficulties are resolved within the family and community, and with the support of: • effective whole school approaches to

behaviour management and pastoral care; • individual intervention when appropriate; • and routine counselling through class

teacher and/or pastoral systems.

Experience shows that not only do schools and teachers differ in their expectations and thresholds of tolerance, but that the way in which schools, classrooms, the curriculum and individual pupils are managed makes a substantial difference to the behaviour of pupils, and can make a substantial difference to the emotional development of vulnerable children.

These criteria therefore put considerable emphasis on the level and quality of provision made for the child in school.

Exclusion, including removal from the classroom as a sanction, is never an intervention in terms of the SEN Code of Practice, and exclusion from school should not be used to accelerate progress towards statutory assessment.

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SOCIAL, MENTAL AND EMOTIONAL HEALTH Emotional and behavioural difficultiesGeneral guidance on a graduated response

(School Action) (School Action Plus) Illustrative examples of Statutory Assessment optimal achievements

Attainment across the curriculum

See Section on Cognition and Learning. See Section on Cognition and Learning. See Section on Cognition and Learning.

Discrepancy between ability and achievement

Ability/performance discrepancy that might occur for up to 10% of children.

Ability/performance discrepancy that might occur for up to 5% of children.

Ability/performance discrepancy that might occur for up to 1% of children.

Isolation and/or withdrawal

Silent or selectively speaking for 1 term; apart from other children; lacks confidence to attempt tasks; often destroys own work; seems depressed; often hides.

Silent or selectively speaking for over a term; avoids other children; very anxious; physical signs of stress; spends a significant time attempting to be concealed.

Silent or selectively speaking for more than 2 terms; continuing isolation, avoidance strategies, and/or anxiety impairs curriculum access.

Poor social interaction, communication imagination, interests

Some concern, taken into account in IEP planning and implementation; diagnostic work undertaken.

Aggressive communication prevents class functioning.

Advice sought from external services, IEP focused on areas related to advice given, adaptations to curricular approaches.

Behaviours disrupt curriculum delivery to the class daily.

See Section on Communication and Interaction.

Level of aggressive communication impairs functioning of pupil and class daily.

Irregular attendance

Less than 60% attendance, where CFEIT and school, in conjunction with Health and Social Services where appropriate, have concerns about emotional difficulties.

Advice sought by school from external agencies, absence from school because of extreme fearfulness or phobia which has not responded to more than 2 terms of focused intervention.

Absence from school because of extreme fearfulness or phobia which has not responded to more than 3 terms of focused intervention.

Eating disorder; Substance misuse

Not achieving to expectations in the context of poor or excessive appetite and/or concentration on work, and/or Health concerns.

Not achieving to expectations in the context of health investigation and treatment of illness related to appetite and weight; multidisciplinary approach to substance abuse, where poor behaviour and attainments are significant features.

Multidisciplinary work at School Action Plus identified extreme Special Educational Needs, in addition to health and social needs.

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General guidance on a graduated response(School Action) (School Action Plus) Illustrative examples of

Statutory Assessment optimal achievements

Behaviours of serious concern

Any of the following observed over more than 1 term, and not responding to pastoral and SEN approaches: obsessive behaviours; irrational anxieties; extreme mood swings; disruptive behaviour in class.

Concerns over mental and physical health referred to appropriate agencies, and severely impeding learning.

Persistent disruptive behaviour occurs in a variety of contexts and impedes the learning of the child and/or other pupils, despite SEN/IEP interventions.

Concerns over mental and physical health referred to appropriate agencies, and impeding learning (see Section on Cognition and Learning).

Persistent disruptive behaviour which occurs in a variety of contexts and impedes the learning of the child and/or other pupils, despite School interventions over at least 2 terms.

Bullying, abuse, difficulties at home

Bullying or signs of stress arising from social factors significantly affecting school performance and quality of life, despite referral to appropriate agencies.

Bullying or signs of stress arising from social factors affecting school performance and quality of life, despite referral to appropriate agencies and IEPs over at least 2 terms.

Multidisciplinary review following a period of joint work over at least 6 months identifies statutory assessment of emotional and behavioural difficulties as a key component of the overall plan for the child.

Mental and physical health

Any sign that a child has problems of physical or mental health should be brought to the attention of the health services, following the procedures set down.

Any unpredictable change in a child’s apparent physical or mental state, or sudden unpredictable and significant change in a child's behaviour should be brought to the attention of relevant services, following the procedures set down.

Multidisciplinary assessment identifies a sudden or deteriorating mental or physical health condition, and that the child is likely to have special educational needs in terms of the Code of Practice.

NOTE:This table gives thresholds and very general guidance on statutory assessment for emotional and behavioural difficulties.Where general learning difficulties appear to be the predominant need, the section on Cognition and Learning applies.Where there is clearly a language disorder or where the emotional and behavioural difficulty appears to be on the autistic continuum, the Section on Communication and Interaction applies.

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SENSORY AND/OR PHYSICAL NEEDSHearing impairment

Hearing DifficultiesChildren with hearing difficulties range from those with mild short-term hearing impairment, to those who have permanent and profound hearing loss. Children with significant levels of hearing impairment will normally be identified before they are 5 years old. The SEN Code of Practice stresses the importance of early identification, assessment and intervention; close interagency cooperation is essential. Early hearing difficulties often lead to difficulties with language development, literacy skills, social communication, and emotional development.

Audiological information alone will not determine a child’s special educational needs. The range of factors that need to be taken into account in determining whether statutory assessment is needed includes the child’s: general sensory and physical development; speech and language development; social communication skills; levels of educational and developmental attainment; cognitive processing; behaviour; and emotional functioning.

A wide range of difficulties are covered by the term ‘hearing impairment’; it can be difficult for non-specialists to understand the diagnostic labels and information provided, and their relevance to the teaching situation. It is therefore essential that specialists ensure that their reports are both able to be understood by non-specialists and written from the perspective of the implications for the child's teaching and learning in school. The definitions below are for broad guidance in decision-making regarding statutory assessment and to support teachers and others when they request or support statutory assessment.

Degrees of Hearing Loss Other Descriptors

Mild 20 - 40 dBModerate 41 - 70 dBSevere 71 - 95 dBProfound 95 + dBProgressive deterioratingBilateral both earsUnilateral one sideAsymmetrical ears differ

Conductive Hearing LossThis is not usually a permanent loss, but results from a block in the transmission of sound. One of the most common forms of conductive loss is ‘glue ear’. It has been estimated that as many as 20% of children have a mild conductive hearing loss at some point in their school life.

Sensori-neural Hearing LossThis refers to a permanent hearing impairment arising from damage to the inner ear or to the auditory nerve. It can vary from mild to profound, and may occur before birth or after language has been established. Most children with a severe or profound sensory hearing loss will have been identified and assessed audiologically before they reach school age. Some children have a conductive loss in addition.

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SENSORY AND/OR PHYSICAL NEEDSHearing impairmentGeneral guidance on a graduated responseArea of need (School Action) (School Action Plus) Requests for Statutory

Assessment

Degree of hearing loss

Mild. Mild. Moderate. Moderate. Severe. Profound.

Approach to Communication

Engagement.Satisfactory attention and contribution.

Prompted engagement.Some structure needed to support attention and contribution.

Disengaged.Structured attention and contribution.

Social Communication ability

Some concern about social communication in relation to progress in other areas of development; specific social skills training recommended.

In the context of the child's developmental pattern, a level of specific concern which might occur for up to 5% of children; IEP needed, and further assessment over time.

Severely impaired social communication skills, requiring either intensive programmes of social communication training or highly structured specialist provision.

Speech clarity Readily understood. Understood in the education context by teachers.

Understood by familiar adults with difficulty.

Expressive language Some concern about expressive language in relation to progress in other areas of development.

In the context of the child's development pattern, a level of specific concern which might occur for up to 5% of children; IEP needed.

Specific expressive language performance at the 1st centile in assessments (observations and structured interviews) over time; specialist provision needed.

Language comprehension

Some concern about language comprehension in relation to progress in other areas of development.

In the context of the child's developmental pattern, a level of specific concern which might occur for up to 5% of children; IEP needed.

Specialist provision needed; the routine use of specialist communication systems and languages.

Specialist teaching and staffing levels

Teaching staff require occasional support.

Regular staff support and/or specialist teaching needed.

Regular specialist teaching needed at frequent intervals.

Specialist environment, equipment and resources

Care with classroom arrangements needed.

Equipment such as radio aids and attention to the acoustics of the learning environment needed.

One or more of the following are needed: an acoustically planned environment; specialist communication equipment; the routine use of specialist communication systems and languages.

Emotional development and behaviour

See Section on Social, Mental and Emotional Health

See Section on Social, Mental and Emotional Health

See Section on Social, Mental and Emotional Health

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SENSORY AND/OR PHYSICAL NEEDS:Visual impairment Children with visual difficulties range from those whose vision is corrected with glasses or have vision only in one eye to those who are born blind or lose all sight through illness or trauma. Children with severe visual impairment will normally be identified long before they are 5 years old.

The SEN Code of Practice stresses the importance of early identification, assessment and intervention; close interagency cooperation is essential. Early difficulties can lead to difficulties with emotional development, social adjustment, communication, curiosity and exploratory learning, listening skills, language development, and mobility. Recent figures from the RNIB suggest that around 50% of visually impaired children have significant additional difficulties, of which physical difficulties are the most common.

Where visual impairment is mild, but part of a complex picture of special educational needs, criteria for other area of need should be applied, as appropriate. Where a child has several areas of “mild” special educational need, the interaction of these difficulties and the effect on the child's learning must be considered.

The level of visual acuity given for a child does not necessarily indicate that a child requires statutory assessment. A careful assessment of visual function is needed.

A wide range of difficulties is covered by the term ‘visual impairment’. It can be difficult for non-specialists to understand the diagnostic

labels and information provided, and their relevance to the teaching situation. It is therefore essential that specialists ensure that their reports are both able to be understood by non-specialists, and written from the perspective of the implications for the child’s teaching and learning in school. The definitions below are for broad guidance in decision making regarding statutory assessment and to support teachers and others who make and support requests for statutory assessment.

Visual AcuityDistance vision is measured and expressed as a fraction denoting the size of print on a ‘Snellen’ chart seen at distance; 6/6 The child sees at 6 metres that which it is

normal to see at this distance (normal vision).

6/12 The child sees at 6 metres that which it is normal to see at 12 metres (vision required for driving).

6/18 The child sees at 6 metres that which it is normal to see at 18 metres (impaired vision).

Statutory Definition of BlindnessThe person is so visually impaired as to be “unable to perform any work for which eyesight is essential”.

BlindnessA person’s sight is considered to have reached this stage if only the top letter of the eye chart can be seen when the eye specialist holds the eye chart just in front of him. This is known as 3/60 vision; the patient can see at three metres

distance the letter people with normal vision would be able to see when they were 60 metres away from it. If a person has reduced visual field s/he may qualify as blind even if s/he has slightly better visual acuity (6/60).

Educationally BlindThis term is used for a person who needs to be educated primarily by non-sighted methods, using tactile and auditory means. A child who is educationally blind may use Braille.

Functionally Blind A person who is functionally blind uses mainly tactual and auditory channels for receiving information.

Low VisionLow vision means severely impaired vision which nevertheless allows vision to be used as a channel for learning and receiving information. A pupil with low vision may use it quite effectively in the near environment with appropriate lighting, positioning and low vision aids. Such children may also use Braille.

Partially SightedA person may be considered to be partially sighted if he or she is “substantially and permanently handicapped” by defective vision. Generally a partially sighted person will have adversely affected vision in one of two ways: 6/60 Poor visual acuity together with relatively

normal visual fields 6/18 Better visual acuity together with restricted

visual fields.

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In education, partially sighted is generally used to describe pupils who have vision useful for

school tasks, but who require adaptation to teaching approaches and to materials.

SENSORY AND/OR PHYSICAL NEEDSVisual impairment General guidance on a graduated responseArea of need (School Action) (School Action Plus) Requests for Statutory

Assessment

Degree of visual impairment

Poor vision. Partially sighted;Low vision.

Traumatic change in vision;Functionally blind; Educationally blind;Low vision; Partially sighted.

Mobility School-based IEPs. Training from visiting specialists. Intensive and/or daily training needed.

Independence School-based IEPs. Support in order to take a full part at school.

Cannot take part in all aspects of school life.

Social communication and emotional development

Some concern about social communication; specific social skills training & specific attention to emotional support required.

A level of specific concern which might occur for up to 5% of children; focused IEP; further assessment over time & specific attention to emotional support needed.

Severely impaired social communication skills, requiring intensive programmes of social communication training. Focus on promotion of self worth and emotional stability needed.

Levels of attainment See Section on General Learning Difficulties

See Section on General Learning Difficulties

See Section on General Learning Difficulties

Emotional and behavioural difficulties

See Section on Social, Mental and Emotional Health

See Section on Social, Mental and Emotional Health

See Section on Social, Mental and Emotional Health

Curriculum approaches

IEPs needed to focus on auditory attention; support for speed of working; adaptations in presentation & receipt of information.

A level of concern which might occur for up to 5% of children; IEP & further assessment over time focused on: auditory attention; work speed; curriculum presentation; & receipt of information.

Special arrangements and teaching methods needed to accommodate difficulties with auditory attention, work speed and curriculum access.Y5 need to plan for transfer to secondary education in Y7.

Specialist teaching and staffing levels

Teaching staff require occasional support.

Regular staff support and/or specialist teaching needed.

Regular specialist teaching needed at frequent intervals.

Specialist equipment and resources

Equipment such as sloping desks, suitable writing materials and large print materials.

Equipment such as word processors, visual aids and textual modifications.

Significant adaptations to materials necessitating substantial extra daily provision and training.

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General guidance on a graduated responseArea of need (School Action) (School Action Plus) Requests for Statutory

Assessment

Adaptations to physical environment.

Suitable lighting and seating for specific tasks.

Suitable desk and other work areas; support for movement about the premises.

Any of the following needed: a specialised environment; specialist equipment across the curriculum; Braille.

The above table gives very general guidance about the interpretation of advice from health professionals, teachers, advisory teachers and educational psychologists. Caution is advised when criteria are applied by non-specialists and specialists who do not have direct experience of the child in an education context. Reference should also be made to the developmental and attainment levels set out in the section on Cognition & Learning and sections on other relevant areas of special educational need.

SENSORY AND/OR PHYSICAL NEEDS:Physical disabilities

Section 6.3 of the draft SEN Code of Practice states “There is a wide range of sensory and physical difficulties that affect children and young people across the ability range. Many children and young people require minor adaptations to the curriculum, their study programme or the physical environment. Many such adaptations may be required as reasonable adjustments under the Equality Act 2010. The Department publishes guidance on these duties and further details can be found later in this section.Some children and young people require special educational provision. It is this group that should be identified as having a SEN.Children and young people with a visual impairment (VI) or a hearing impairment (HI) may require specialist support and equipment to access their learning. Children and young people with a Multi-Sensory Impairment (MSI) have a combination of visual and hearing difficulties, which makes it much more difficult for them to access the curriculum or study programme than those with a single sensory impairment. Some children and young people with a physical disability (PD) require additional

on-going support and equipment to access all the opportunities available to their peers.

Disabled children and young peopleMany disabled children and young people also have a SEN. Where this is the case, access arrangements and other adjustments should be considered as part of SEN planning and review. However it may be that the steps to ensure access to mainstream education and related opportunities are sufficient to mean that special education provision does not need to be made. The specific duties that schools, early years providers, post-16 institutions and local authorities have towards disabled children and adults are included in the Equality Act 2010 the key elements are as follows:• They must not discriminate against, harass

or victimise disabled children and young people;

• They must make reasonable adjustments to ensure that disabled children and young people are not at a substantial disadvantage compared with their peers. This duty is anticipatory: adjustments must be planned and put in place in advance, to prevent that disadvantage.”

Most children with significant physical disabilities are identified, assessed and begin to receive special educational provision before they reach statutory school age. The SEN Code of Practice stresses the importance of early identification, assessment and intervention; close interagency cooperation is essential.

There will be some children who have a deteriorating condition, or who become disabled through illness or injury.

A very small number of children are first identified in school. These children may have difficulties dealing with the curriculum because of problems with fine and gross motor skills.

Where the physical disability is mild, but part of a complex picture of special educational needs, criteria for general, specific, language, visual or hearing difficulties should be applied, as appropriate. Where a child has several areas of ‘mild’ special educational need, the interaction of these difficulties and the effect on the child's learning must be considered.

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A wide range of difficulties is covered by the term ‘physical disability’. It can be difficult for non-specialists to understand the diagnostic labels and information provided, and their relevance to the teaching situation. It is therefore essential that specialists ensure that their reports are both able to be understood by non-

specialists, and written from the perspective of the implications for the child's teaching and learning in school.

Provision

The level of physical disability described for a child does not necessarily indicate that s/he requires statutory assessment. A careful assessment of the child’s functioning in relation to the educational context is needed, and full regard given to the Equality Act 2010 and Inclusive Schooling (Statutory Guidance, 2001).

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SENSORY AND/OR PHYSICAL NEEDS:Physical disabilitiesGeneral guidance on a graduated responseArea of need (School Action) (School Action Plus) Requests for Statutory

Assessment

Degree of physical disability

Mild Moderate. Implications for school based support and the exercise of planned care in the environment.

Traumatic injury. Sudden major deterioration. Support for basic care needs. Non-mobile. Complex effects.

Therapy Programmes monitored by therapists. Weekly support to school staff and/or weekly direct therapy.

Daily therapy required.

Independence School-based IEPs. Support in order to take a full part at school.

Cannot take part in all aspects of school life.

Social communication and emotional development

Some concern about social integration; specific social skills training; emotional support required.

A level of specific concern which might occur for up to 5% of children; specific attention to emotional support needed.

Severely impaired social communication skills, requiring intensive programmes of social communication training. Counselling needed.

Levels of attainment See Section on Cognition and Learning

See Section on Cognition and Learning See Section on Cognition and Learning

Emotional and behavioural difficulties

See Section on Social, Mental and Emotional Health

See Section on Social, Mental and Emotional Health

See Section on Social, Mental and Emotional HealthSignificant emotional stress.

Curriculum approaches

IEPs needed to focus on fine motor control, for example; adaptations in presentation & receipt of information.

A level of concern which might occur for up to 5% of children; IEP & further assessment over time focused on: motor control; specific learning areas; curriculum presentation; & receipt of information.

Special arrangements and teaching methods needed to accommodate physical disabilities and curriculum access. Y5 need to plan for transfer to secondary education in Y7.

Specialist teaching and staffing levels

Teaching staff require occasional support.

Regular staff support and/or specialist teaching needed.

Regular specialist teaching needed at frequent intervals.

Specialist equipment and resources

Available support equipment needed on a regular basis.

Specialised IT equipment to support curriculum access.

Significant adaptations to materials necessitating substantial extra daily provision and training.

Adaptations to Physical environment.

Suitable access and furniture for specific tasks; independently mobile.

Adapted seating and environment; support for movement about the school, internal and external

Any of the following needed: a specialised environment; specialist equipment across the curriculum; specialised toilet facilities; daily access to medical treatment.

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This table gives very general guidance about the interpretation of advice from external agencies. Caution is advised when criteria are applied by non-specialists and specialists who do not have direct experience of the child in an education context. Reference should also be made to the developmental and attainment levels set out in the section on Cognition & Learning.

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