Early Years Support

The SEN and Disability Code of Practice 2015 says

“where a child continues to make less than expected progress, despite evidence-based support and interventions that are matched to the child’s area of need”.  The decision to involve specialists should be taken with the child’s parents (paragraph 5.48 of the Code).

The code applies to all children in early years settings whether or not they have an EHC plan. It emphasises the legal requirement upon early years’ providers to have arrangements in place to identify and support children with SEN and disabilities. 

Nurseries and schools should identify and support children with SEN and/or disabilities.

The nursery should record what SEN they have identified a child as having, what outcomes they expect the child  to achieve, and what provision is being put in place to reach those outcomes. This is outlined in the code - assess, plan, do & review.   The early years setting can involve local authority professionals, such as an Inclusion Partner to offer expert advice and training.  The Inclusion Partner can offer advice on One Planning and targeted provision and consider alternative solutions.  

A diagnosis does not always indicate the level of support or provision that is needed to effectively support a child with special educational needs.  A person centred approach should be used to identify each individual need and provision put in place to support and ensure progress and full potential is being met.  

What is a Section 23 notice?

Health services are required to make a section 23 notification to the Local Authority if they believe a child under school age has, or is likely to have, special educational needs or a disability (SEND).  

If One Planning is in place and a Section 23 notice has been completed, you can check with the nursery / pre-school manager that they are receiving SEND Premium funding.  The SEND Premium is for childcare settings to help meet a child’s needs. It is only for children who get the funded early education entitlement for three-and four-year olds. This would be up to 15 hours or 30 hours if the child is eligible.

Parents can ask the pre-school how they are utilising any additional funding and, if they are reaching out to  their local Inclusion Partner for specialist advice.   If parents have concerns that their child is not making the expected progress, despite the pre-school making the necessary adjustments, then they can discuss alternative options with any involved professionals and they may need to consider applying for an Education, Health & Care Needs Assessments

You can also read more about Early Years Support Council for Disabled Children - SEN and disability in the early years: A toolkit