The law and guidance around SEND

Some things I may want to know about the law and SEND in the early years

Special Educational Needs and Disability, known as SEND, is a term for children and young people who have difficulties with learning, behaviour, socialising or physical ability.

The SEND code of practice says, “A child or young person has SEN if they have a learning difficulty or disability which calls for special educational provision to be made for him or her.”

Many children and young people who have SEN may have a disability under the Equality Act 2010 – that is, “a physical or mental impairment which has a long-term and substantial adverse effect on their ability to carry out normal day-to-day activities.”

Solihull follows the graduated approach to supporting early years children with SEND.

This means that we work with parents and professionals to ensure all children access quality education and support, from the earliest possible age.

We aim to:

identify any needs as soon as possible.
empower those living and working with a child to support their development.

Evidence agrees that educating and supporting those who spend the most time with a child is the effective way to support them to make progress.

As part of the graduated approach, we have specialist support teams to refer a child to for more help and advice when it is needed. We follow the government guidance in the Code of Practice and The Equality Act.

Graduated Approach for early years

Helping Your Child Thrive

The graduated approach for early years is designed to give parents and carers a clear understanding of what Solihull expects in terms of support for children with special educational needs and disabilities (SEND) in an early years setting.

We want to help you, your child's educators, and other professionals know exactly what to look for and how to make the best decisions early on. This way, we can ensure that your child's needs are identified quickly and that the right support is put in place.

By working together, we can help every child progress and reach their full potential. This guide provides a clear and step-by-step framework for early intervention and support, so everyone involved in your child's education knows what to do and when to do it.

The Equality Act 2010 states that it's against the law for any person or organisation to discriminate against a child because of their SEND.

It is the responsibility of all Solihull nurseries and childminders to make reasonable adjustments to meet the needs of all children with SEND.

No setting can refuse to take a child because they have SEND. If they are worried about meeting a child's needs, it is the setting's duty to seek advice and support. They can ask the Early Years Team for any support they need.

If your child is refused a place due to their SEND, please contact the setting to talk through the reasons why. You might want to talk to the setting’s lead about days and times that are available and reasonable adjustments which can help to support attendance. The Early Years Team can help to support settings meet their obligations under the Equality Act 2010 and the Early Years Foundation Stage.

If a setting has not followed the required registration requirements, you can complain to Ofsted.