Legislation and Policies

This page provides information on the legislation and policies which set out the legal obligations and expectations on settings for providing effective education and support for Children and Young people with Special Educational Needs and Disabilities.

On this page, you can find:

Legislation
Documents required for compliance
SEND Information Report
SEND Policy
Local Offer Information
Accessibility Plan
Websites

Legislation

The Children and Families Act (2014)

The Children and Families Act (‘CAFA’) 2014 is statute law and legally binding. This means that the local authority and schools must comply with it or else they are acting unlawfully. Part 3 of the CAFA 2014 contains the relevant sections about children and young people with SEND.

Children and Families Act 2014 (legislation.gov.uk)

Under Section 23 of the Children and Families Act 2014 health professional and health services have a legal duty to notify the City of Doncaster Council of any child in Doncaster under the age of 5, who they consider may need some extra arrangements made for them when they start school and has, or is likely to have, special educational needs or a disability (SEND).

Section 23 notifications to be completed by health professionals only.

SECTION 23 REFERRAL FORM

The Special Educational Needs and Disability Regulation (2014) are the main set of regulations underpinning CAFA 2014. They are also legally binding

The Special Educational Needs and Disability Regulations 2014

SEND Code of Conduct (2015)

The law is set out and expanded upon in the SEN and Disability Code of Practice (the ‘Code’). This Code provides much more detail on the legal framework relating to special educational needs and disabilities. Where it states a local authority, school, or college must do something, this is referring to compulsory obligations (set out in the laws and regulations. Where it says a local authority or other entity should do something, this is statutory guidance, not law. If there is any difference in what CAFA and the Code say, the CAFA takes precedence.

SEND_Code_of_Practice_January_2015.pdf (publishing.service.gov.uk)

The Equality Act (2010)

Children and young people with special educational needs may also be considered disabled. There are some situations where disabled people are subjected to direct or indirect discrimination. For more information see our section on disability discrimination.

The Equality Act 2010

The Disability Discrimination Act (1995)

Makes it unlawful to discriminate against anyone because of their disability.

Disability Discrimination Act 1995 (legislation.gov.uk)

Documents Required for Compliance

To be compliant settings MUST publish the following documents on their website:

Document	Frequency to Review
SEND Information Report	Annually
SEND Policy	Annually
Local Offer Information (minimum expectation- a link from setting's SEND Information Report to Local Offer)	Annually
Accessibility Plan	Every 3 Years