Foreword to the Code of Practice on the Identification
and Assessment of Special Educational Needs

This Foreword is not part of the Code of Practice.

Foreword

Introduction

1. The 1993 Education Act requires the Secretary of
State to issue a Code of Practice giving practical
guidance to local education authorities (LEAs) and the
governing bodies of all maintained schools on their
responsibilities towards all children with special
educational needs (SEN).Those responsibilities are set
out in Part III of the Act. It has been estimated that,
nationally, some 20 per cent of the school population
will have special educational needs at some time during
their school career. The Code seeks to help schools and
LEAs obtain best value from the considerable financial
resources and expertise they devote to the education of
children with special educational needs of various
descriptions, from those who need a little extra help to
those with more serious learning difficulties.
2. The Code of Practice on the Identification and
Assessment of Special Educational Needs has been
approved by Parliament. The text reflects extensive
consultation with schools, LEAs, the health services,
social services and voluntary agencies. The Code will
come into effect on 1 September 1994. From that date,
LEAs, schools and all those who help them work with
children with special educational needs, including the
health services and the social services, must have
regard to the Code - see below.
3. This Foreword explains the status of the Code;
highlights related developments such as monitoring
arrangements, the publication of a Guide for Parents and
the establishment of the SEN Tribunal; and describes the
Regulations and Circulars which should be read alongside
the Code. The Foreword is not formally part of the Code
itself.
The status of the Code

4. Part III of the 1993 Education Act and Regulations
made thereunder build upon the principles and practices
first set out in the 1981 Act. They place duties and
responsibilities on LEAs and schools, the health
services and social services.
5. Those bodies must, of course, fulfil their duties.
But it is up to them to decide how to do so, in the
light of the guidance of the Code of Practice. Thus,
for example, under the 1993 Act, as under the 1981 Act,
maintained schools must use their best endeavours to
make provision for pupils with special educational
needs. The Code's guidance is designed to help schools
make effective decisions. Similarly, local education
authorities must, when necessary, make assessments and
statements of children's special educational needs and
do so within the statutory timescales. The Code offers
guidance to LEAs as to the circumstances in which
assessments and statements might be made. It does not -
and could not - tell them what to do in each individual
case.

Special Educational Needs - FOREWORD I