Legal terms can sometimes be confusing – here’s a glossary of Education and SEND legal terms you may come across.
Glossary
ADHD
Attention Deficit and Hyperactivity Disorder
Annual Review
The review of an Education, Health, and Care Plan (EHCP), which must be carried out by the Local Authority (LA) within 12 months of issuing the initial EHCP. It is then repeated on an annual basis.
Appeal
An appeal is when you contest the decisions the Local Authority has made about your child’s education. This could be around the provision listed, or around the school or setting you’d like your child to go to.
ASD/ASC
Autism Spectrum Disorder or Autism Spectrum Condition
Direct Payments
A direct payment is an actual amount of money that a parent would receive to arrange and pay for the special educational provision within an EHCP if they choose to arrange and/or commission the provision within the plan themselves.
Draft Education, Health, and Care Plan (Draft EHCP)
This is a draft version of an EHCP, offering parents AT LEAST 15 days to comment and request amendments before the Final EHCP is issued. Section I must remain blank on a draft plan.
Education, Health, and Care Plan (EHCP) (EHC Plan)
A legal document that sets out a child or young person’s special educational needs, the provision required to meet those needs, and educational setting. It may also contain health and social care needs and provision.
Educational Psychologist (EP) (Ed Psych)
An Educational Psychologist offers specialist advice and support to educational settings, children and young people in recommending methods or developing strategies to help a child or young person learn more effectively. They form a vital part of the EHCP process, and LA’s must obtain advice and information from an EP when undertaking an Education, Health, and Care Needs Assessment (EHCNA).
Education, Health, and Care Needs Assessment (EHCNA) (EHC Needs Assessment)
The statutory process undertaken by the Local Authority to determine if a child or young person requires an EHCP.
EHCP Request
The formal request made to a Local Authority for it to assess the Special Educational Needs (SEN) of a child or young person.
Exclusion
A head teacher or principle can exclude a child or young person for disciplinary reasons. The two types of exclusions are: permanent exclusion which was formally known as expulsion; and fixed term exclusion, which was formally known as a suspension. There are certain steps a setting must follow to ensure the exclusion is lawful.
Further Education (FE)
FE includes any study after secondary school that’s not part of Higher Education which would usually be carried out at a university.
Independent School
This is a fee paying school that is not controlled by the Local Authority. It is often called a ‘private school’. They can include prep schools, public schools, and private nurseries too.
Judicial Review (JR)
This is a legal process whereby a court will look at how a public body has acted or made a decision and say whether it acted in a lawful, fair, or reasonable way. This is usually a last resort and professional legal support should be obtained. The application for JR must take place within 3 months of the matter being complained of happening.
Local Authority (LA)
The council for your particular area e.g. Hertfordshire County Council
Learning Support Assistant (LSA)
As assistant who provides support in educational settings for children and young people with Special Educational Needs and Disabilities (SEND)
Mainstream School
A school that is not a special school that follows the National Curriculum
Mediation
This is a way to resolve a dispute without ending up in the SEND Tribunal or courts. An independent person, called a mediator, will guide the parties to discuss any issues and possible resolutions.
Mediation Certificate
A mediation certificate must be obtained prior to lodging an appeal with the Tribunal. You can obtain one either by participating in mediation, or by requesting one when declining mediation.
MLD
Stands for Moderate Learning Difficulties.
Occupational Therapist (OT)
An OT works with children and young people to address difficulties in everyday activities including at school and with self-care. These difficulties may be the result of physical, sensory, cognitive, or emotional needs. An OT assessment of needs and provision can form a vital part of an EHCP.
Personal Budget
A personal budget is the notional amount of money that would be needed to cover the cost of making the special educational provision specified within an EHCP.
Phase Transfer
This refers to the times when a child or young person moves between phases of education e.g. between primary and secondary school. A review of the EHCP must take place the year prior to transfer and a further EHCP must be issued detailing the placement for the upcoming academic year.
PMLD
Stands for Profound and Multiple Learning Difficulties. Pupils in an PMLD setting will require a high level of adult support for both their learning needs and their personal care.
Pre-Action Letter (PAP)
A letter sent to a public body explaining your complaint and giving it time to rectify the issue. It is a pre-requisite to going for Judicial Review.
Pupil Referral Unit
An educational setting that provides education for pupils who have been excluded or out of school for a variety of reasons.
Resource Base
A Resource Base is a classroom or area based within a mainstream school that provides enhanced support for pupils with a range of special educational needs.
SEMH
Stands for Social, Emotional and Mental Health. This are a type of special educational need where a child or young person may communicate through behaviour in response to unmet social, emotional, or mental health need.
Section B
Section B refers to the Special Educational Needs within an EHCP
Section F
Section F refers to the Special Educational Provision required to meet the Special Educational Needs under Section B of an EHCP.
Section I
Section refers to the educational placement named within an EHCP.
SEND
Stands for Special Educational Needs and Disabilities
SEND Tribunal (SENDIST)
This is the First-Tier Special Educational Needs and Disabilities Tribunal which decides appeals lodged against a Local Authority about the special educational needs of children and young people. It also handles claims of disability discrimination against schools and Local Authorities.
SLCN
Stands for Speech, Language, and Communication Needs.
SLD
Stands for Severe Learning Difficulties. Pupils with SLD usually require support in all areas of learning.
Special Educational Needs Co-ordinator (SENCo) or Special Educational Needs and Disabilities Co-ordinator (SENDCo)
A member of school staff who has responsibility for coordinating the SEND provision within the setting.
Speech and Language Therapist (SaLT) (SALT) (SLT)
Specialists who support children and young people who have speech, language, and communication difficulties. A SALT assessment and report will often be vital in informing an EHCP.
Special School
A school which is purposefully designed to support provision for pupils with Special Educational Needs that cannot be met within a mainstream education. Pupils usually hold an EHCP.
SPLD
Stands for Specific Learning Difficulties in a particular area of learning e.g. dyslexia.
SRP
Stands for Specialist Resource Provision. This is the same as a Resource base (above). It provides support to pupils requiring specialist input. In time it is expected that the pupil will be able to attend most mainstream lessons.
Statutory Assessment
This is a formal procedure governed by law, which involves the collection of assessments of a child or young person’s special educational needs or disabilities. Once the assessment takes place the LA will decide whether to issue an EHCP or not.
TRA
Stands for the Teaching Regulation Agency. It is responsible for regulating the teaching body in England. It investigates cases of serious teacher misconduct and decides whether a case requires referring to a professional conduct panel.
