SEND Code of Practice and Early Years
DfE publishes advice for early years providers funded by the local authority.
The Department has published an advice document on the SEND Code of Practice for early years providers that are funded by the local authority.
Whilst the Code it only statutory for independent schools that are:
approved under section 41; and
early years providers in receipt of local authority funding the Code sets out what most tribunals will deem to be good practice.
ISC sought clarification in regards to (ii) above as the Code was clear that early years providers in receipt of local authority funding must have regard to it, however it was unclear whether this applied to the whole school. As a result the Department has clarified this in the advice linked to above in very clear terms following ISC’s dialogue with them. The paragraph reads:
"Where an independent school offers funded early years provision, it has to have regard to the 0-25 SEND Code of Practice only in respect of that provision – the Code does not cover their main school provision (unless they are on the list of independent schools approved by the Secretary of State under Section 41 of the Children and Families Act 2014)."
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