Statutory Provision for Children with Additional Needs

Statutory Provision for Children with Additional Needs

  • Statutory provision refers to the set of services or resources that the government legally requires local authorities to offer to individuals who need them.

  • Individuals with additional needs, including children, are supported by several statutory provisions within health and social care.

  • The Children and Families Act 2014 revolutionised support for children with additional needs. It introduced the concept of Education, Health, and Care Plans (EHCPs), which replaced the old system of Statements of Special Educational Needs.

  • EHCPs are designed to be more holistic than the previous system. They cover education, health, and social care services, and involve the individual in the planning and review process to ensure that the support offered is genuinely tailored to their needs.

  • Schools and local authorities are required to identify, assess, and provide support to children with additional needs under the SEND Code of Practice. SEND stands for Special Educational Needs and Disabilities, and the Code of Practice provides practical guidance to professionals working in this area.

  • Children with additional needs have the right to be educated in a mainstream school whenever it is reasonably practical. This right is protected by the Equality Act 2010, which also protects against discrimination on the grounds of disability.

  • Another integral statutory provision is the duty of care. This legal obligation ensures all organisations that work with or provide services to children are obliged to ensure that these children are treated with the highest degree of care possible to avoid harm.

  • Local authorities are further mandated to provide social care support for children with complex needs. These involve community care services such as residential care, respite care, adaptations to housing or aid with transport.

  • Support for families and carers is also a critical aspect of statutory provision, including financial support, respite care, training, and advice.

  • Ultimately, the statutory provision for children with additional needs is about creating an inclusive society where every individual can participate fully and equally. It recognises that children with additional needs require extra support to achieve this and sets out the rights, responsibilities, and services that exist to provide this support.