New SEND Guidance for governing boards

Earlier this month the Department for Education published a new guidance note, “SEND: guidance for school governing boards” (“the Guidance”).

The Guidance aims to support governing boards understand their role and responsibilities in relation to children and young people with special educational needs and disabilities (“SEND”), and to empower governors and trustees to hold their schools to account.

Rather than placing new or additional obligations on school governors in relation to the support for children and young people with SEND, the Guidance reiterates the requirements already placed on governors at independent schools as set out in the Children and Families Act 2014, the Equality Act 2010 and other related regulations. Whilst some of the obligations covered by the Guidance are only applicable to maintained schools and academies, independent schools may wish to review this more broadly as best practice.

Lead SEND governor

Whilst overall responsibility rests with the board, the Guidance confirms that there should be a lead governor, or a sub-committee, with specific oversight of the school’s arrangements for SEND. Although this requirement already exists within the SEND Code of Practice, the Guidance provides additional clarification in respect of the role of the SEND governor.

The SEND governor is expected to:

• Champion support for pupils with SEND
• Ensure that the board has the necessary information for assurance about the school’s practice
• Work closely with the Head, the senior leadership team and, where the school has one, the special educational needs co-ordinator.

It may also be helpful for the same lead governor or sub-committee to oversee the school’s responsibilities under the Equality Act 2010. That said, all governors should ensure that they receive sufficient and appropriate training to ensure that they are discharging their duties in relation to SEND and achieving the best possible outcomes for pupils.

Whilst it is a requirement for maintained schools and academies to appoint a special educational needs co-ordinator, the Guidance does not currently extend this to independent schools. However, many independent schools may find it helpful to appoint such a co-ordinator to take the lead in supporting high-quality outcomes for pupils with SEND.

SEND checklist

The Guidance also includes a non-exhaustive checklist to support governors assure themselves that the school is providing appropriate support for pupils with SEND.

Governors may, for example, wish to be assured that:

• The school promotes an inclusive culture
• There is effective communication and engagement between the school and parents of pupils with SEND
• Parents are involved in reviewing the school’s general SEND policy and practice
• The pupil voice is central to decisions about support for those with SEND, at both individual and school level
• Staff have the expertise to support those with SEND and access to external specialist skills.

Whilst there is no requirement for governors to have this checklist in place, by asking these questions, the school Governors will be better placed to assure themselves of how the school identifies a pupil with SEND. They will also be able to monitor the progress and development of pupils with SEND and how the school supports these pupils at each age and stage.

Data

Finally, the Guidance also provides a non-exhaustive list of example data sets which governors may find helpful to underpin their strategic oversight. Again, there is no new obligation for governors to require these data sets to be produced, but doing so may assist governors to assure themselves of the school’s approach to supporting pupils with SEND.

Governors may, for example, wish to obtain the following information:

• Data on the population of those with SEND and comparisons with data from both neighbouring schools and those nationally
• What percentage of the school population has SEND, receives SEND support, or has an education, health and care plan
• The breakdown of pupils with SEND by category of need.

Impact on schools

As the guidance does not introduce any new requirements the impact on schools is minimal. That said, it is a useful reminder of both the importance and the steps which governors should be taking to assure themselves of effective provision for children with SEND in their school.

Schools should ensure that their policies for support pupils with SEND are up to date and are understood by staff. They should also ensure that staff and governors receive adequate training on induction, and at regular intervals throughout their time at the school, to ensure best practice.