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The SEND Code of practice provides a lot of guidance, advice as well as explaining legal duties for local authorities, education providers as well as health and social care. It is focused on providing good outcomes* for children and young people with special educational needs.
*Good outcomes mean that children and young people with additional needs should have the best possible outcome from when they are in education and allow them to have as successful adult life as possible.
The SEND Code of practice is “Person Centred,” this means that it aims to keep the children’s or young person’s goals at the centre of all it does. This means that everyone who follows the code of practice needs to make sure that the child or young person is treated as an individual and has their own dreams and goals (aspirations) at the centre of any support or help that is offered.
Local authorities, education settings and other professionals need to make sure that children and young people participate in all planning and decisions they make. They also need to make sure they help children and young people to express their views.
The SEND Code of practice also provides guidance on what happens when children or young people leave education and become an adult.
It also provides guidance on other services available to children and young people with SEND such as services from social care and health.
NASEN (National Association of Special Educational Needs) have produced a quick guide to the SEND Code of Practice (link below)
NASEN SEND Code of Practice miniguide (opens link PDF in new window)
There is more in depth guide for parents and carers produced by the government called the SEND Code of Practice - Guide for parents (opens link in new window)
The Children and Families Act 2014 (sometimes called "The Act") obtained royal assent and became law on 13 March 2014. This is a landmark and wide-ranging act designed to fully reform services for vulnerable children, by giving them greater protection, paying special attention to those with additional needs, and also helping parents and the family as a whole
You can view the Children and Families Act 2014 by clicking this link (opens link in new window)
This summary outlines the key changes the Act made to the safeguarding and child protection system and services for children and families. Although incorporated into one single Act, due to the extent of the changes made, many elements came into force at different times, with most by the end of 2015. This Act is mainly concerned with England; however, some measures are applicable to Scotland, Wales and Northern Ireland.
There are nine important parts to the Act, each of which makes substantial changes and new provisions to various areas of child welfare and family law. We’re going to go through each one below.
What's covered in the Act?
Part 1: Adoption Find out which changes the Act made to the adoption system.
Part 2: Family justice This Act implemented many recommendations of the 2010 family justice law review. Find out the key points to this section here.
Part 3: Children and young people with special educational needs (SEN) and disabilities This is the largest part of the Act. Discover which new provisions the Act implemented in this section.
Part 4: Childcare Find out how the Act aimed to increase the provision and quality of childcare across the country.
Part 5: Child welfare This section covers a wide range of issues relating to child welfare. Discover the key points of this section.
Part 6: The Children's Commissioner The Act changed the role of the Children’s Commissioner. Discover how here.
Parts 7, 8, 9: Working Rights to Leave and Pay
You can find more in depth information on each part on the The Children's and Families Act page
The Equality Act 2010 promotes equality and diversity in all aspects of life, including employment.
The Equality Act 2010 protects individuals from discrimination. It aims to promote diversity across all areas of society.
Understanding the Act is essential to create a more inclusive workplace. And inclusive workplaces attract talented staff, drive innovation and generate higher revenues.
The Act applies to a wide range of settings, including:
It covers both public and private sectors. This scope upholds equality everywhere.
The Equality Act - more in depth insight into the act
The Care Act 2014 came into effect in April 2015 and replaced most previous laws regarding both carers and people being cared for.
The Care Act outlines:
The Care Act is mainly for adults in need of care and support, and their adult carers. There are some provisions for the transition of children in need of care and support as they move to adult services, parent carers of children in need of care and support, and some younger carers. However the main provisions for these groups are in the Children and Families Act 2014 (opens link in new window)
You can also find more in depth information about each section on The Care Act page.
When a young person reaches 16 years old, they have a right to make their own decisions. This is something which is stated by law in the Mental Capacity Act.
Some people can make all decisions themselves, some can make a few and some people find it hard to make any decisions at all and need someone else to do it for them. People with learning disabilities or special educational needs can sometimes find it hard to make decisions.
The Mental Capacity Act (the Act) is there to help. It applies to everyone older than aged 16.
Under the Mental Capacity Act the issue of capacity is decision-specific; this means that the test of someone’s capacity can only be made in relation to a particular decision that needs to be made at a particular time.
This is an important safeguard against blanket assessments of someone’s ability to make decisions based on their disability or condition. It also recognises the fact that someone may be able to make some decisions but not others.
The Mental Capacity Act 2005 sets out what should happen when people are unable to make one or more decisions for themselves. It clarifies the roles that different people play in decision-making, including family carers, and establishes a Court of Protection which acts as the ultimate arbiter about mental capacity issues.
Who carries out Mental Capacity Assessments?
If the young person has a social worker and you feel they may not be able to make their own decisions after the age of 16, talk to the social worker for advice on mental capacity.
If you think that a social worker should be involved, then please speak with Community Health and Social Care
If the young person has involvement from CAMHS, you should speak with the person from CAMHS whom is working with the young person.
What about those under 16?
For children under 16, the Mental Capacity Act does not apply. Instead a child needs to be assessed whether they have enough understanding to make up their own mind about the benefits and risks of treatment – this is sometimes termed ‘Gillick competence’ and means that the child understands what they are agreeing/consenting too.
Who can help?
There are a number of advocacy services within Kirklees which can help when it comes making decisions.
Information about the various services can be found on the Advocacy - Someone to speak up for you page (opens a new page).
You can also speak to the agencies found on the Support groups and Advice page.
Deprivation of Liberty Safeguards (DoLS)
The Deprivation of Liberty Safeguards (DoLS), referred to as 'safeguards' are part of the Mental Capacity Act (2005). They aim to protect people in care homes and hospitals from being inappropriately deprived of their liberty. The safeguards have been put in place to make sure that a care home or hospital only restricts someone's liberty safely and correctly, and that this is done when there is no other way to take care of that person safely.
More information about DoLS can be found on the Deprivation of Liberty Safeguards (DoLS) page on the Kirklees website (opens a new page).
Liberty Protection Safeguards
The Liberty Protection Safeguards will provide protection for people aged 16 and above who are or who need to be deprived of their liberty in order to enable their care or treatment and lack the mental capacity to consent to their arrangements.
People who might have a Liberty Protection Safeguards authorisation include those with dementia, autism and learning disabilities who lack the relevant capacity.
More information about Liberty Protection Safeguards can be found in the Liberty Protection factsheet (opens a PDF in a new page).
A carer's assessment is the council's way of helping you look at what support you need in your role as a carer. The assessment is a chance for you to discuss how your caring responsibilities affect you. It will look at:
The Council for Disabled Children (CDC) is the umbrella body for the SEN and disabled children's sector in England, with links to other UK nations. They are the only national body that brings together the diverse range of organisations that work with and for disabled children to support the development and implementation of policy and practice. CDC does not provide an advice or support service directly to families with disabled children or children with SEN.
The CDC has published a document called “Disabled Children: A legal Handbook 3rd Edition”.
Disabled Children: A legal Handbook 3rd Edition (opens link in new window)
This is an authoritative yet accessible guide to the legal rights of disabled children and their families in England. The authors expertly navigate the many, often overlapping, sources of law, explaining the difference between what public bodies must do to support disabled children and that which they may do.
The handbook aims to empower disabled children and their families through a greater understanding of their rights and entitlements. It is essential reading for the families of disabled children, their advocates and lawyers, voluntary and statutory sector advisers, commissioners, managers, and lawyers working for public authorities, education, social and health care professionals, students, and academics.
en-GBLast updated: 25/06/2026