New SEN Framework | Department of Education

There are three elements to the new framework:

Primary Legislation - Special Educational Needs and Disability Act (Northern Ireland) 2016 (the 2016 Act)
Secondary Legislation - New SEN Regulations
Guidance - a new statutory Code of Practice

1. Special Educational Needs and Disability Act (Northern Ireland) 2016 (the 2016 Act)

The 2016 Act is the first building block in the new SEN Framework, and it received Royal Assent in March 2016. The Act places new duties on Boards of Governors, the Education Authority (EA) and health and social services authorities, and provides new rights for parents and children over compulsory school age.

As they require supporting new SEN Regulations to be in place, the following provisions of the 2016 Act remain to be commenced:

The EA will be required to consult on and publish an annual plan of its arrangements for special educational provision.
The EA will have to put in place independent mediation arrangements. The EA have already put in place independent dispute avoidance arrangements.
Boards of Governors will be required to ensure a Learning Support Co-ordinator (this replaces the role of a SEN Co-ordinator) is appointed within each grant-aided school to co-ordinate provision for children with SEN.
The school will be required to complete and review a personal learning plan (PLP) for each pupil with SEN (this will replace the current individual education plan) and ensure that the PLP is transferred when a child moves from one grant aided school to another (consent is required.)
Increased co-operation between the EA and health and social services authorities in the identification, assessment, and provision of services; and to produce a joint plan on the co-operation.
They will also have to seek and have regard to the views of the child when making decisions on special educational provision.

The Sections in the 2016 Act that have been commenced and are now legal requirements are:

Sections 15 (Definition of “child” for purposes of special education), 16 (Interpretation of this Act), 18 (Commencement, transitional provision, etc) and 19 (Short title) commenced at the same time the 2016 Act came into operation (24 March 2016).
Section 6 (Assessment of needs: reduction in time limits) came into operation on 30 September 2016 – Commencement Order No 1.
Section 1 (Duty of Authority to have regard to the views of the child) came into operation on 18 December 2020 – Commencement Order No 2.

2. New draft SEN Regulations

The new draft SEN Regulations will provide a strengthened legislative base for delivering a more responsive and effective SEN Framework.

The Department consulted on the new SEN Regulations from 30 September 2020 to 2 March 2021. The Regulations have been updated to reflect consultation responses. The Regulations cannot commence their legislative journey until the NI Assembly is re-established.

3. New draft SEN Code of Practice

The new draft Code of Practice translates the new draft SEN Regulations into clear and practical guidance for those involved in identifying and assessing children who have, or may have SEN and for those who provide special educational provision for children with SEN. It will support them in ensuring the right SEN provision is given to help each child fulfil their potential. The new Code of Practice requires the new Regulations to be made before it can become operational.

The contents of the new Code of Practice was consulted from 30 September 2020 to 2 March 2021. The Code has been updated to reflect consultation responses.

Public Consultation on the new draft Regulations and the new draft Code of Practice

The new draft SEN Regulations, the associated consultation documents and a summary report of responses are available to read here.

The new draft SEN Code of Practice, the associated consultations documents and a summary report of responses are available to read here.

Personal Learning Plan

The personal learning plan (PLP) will replace the individual education plan that is put in place for a child with SEN. At the present time Section 3 of the SEND Act has not been commenced, however schools are encouraged to use the PLP if they have received training or guidance from the Education Authority.

The Department, EA and CCEA have collaborated to create a helpful microsite explaining more about the PLP for schools, parents, children and young people. The microsite can be accessed here: https://ccea.org.uk/learning-resources/personal-learning-plan

On this page

1. Special Educational Needs and Disability Act (Northern Ireland) 2016 (the 2016 Act)

2. New draft SEN Regulations

3. New draft SEN Code of Practice

Public Consultation on the new draft Regulations and the new draft Code of Practice

Personal Learning Plan

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