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Further Education

Further Education

In September 2014, the Department for Education published a further education guide to SEND. This guide is for principals and staff at further education colleges, sixth form colleges, 16-19 academies and independent specialist colleges approved under Section 41 of the Children and Families Act 2014. For ease of reference, in this guide ‘colleges’ is used to mean all of these providers. The guide is designed to help professionals working in further education to understand their statutory duties and responsibilities under the reforms in the Children and Families Act 2014 in relation to students who have or may have special educational needs or disabilities (SEND).

Further education: Guide to the 0 to 25 SEND Code of Practice

Local Authority Statutory Duties include

.....a responsibility to secure sufficient, suitable educational training opportunities to meet the reasonable needs of young people.

Relevant legislation: 

The Children and Families Act 2014 (Section 33)

If young person’s parents or young person makes a request for a particular post-16 institution the local authority must comply with that preference and make the post-16 intuition in the EHC plan unless:

  •  It would be unsuitable for the age, ability, aptitude or SEN of the young person, or

  • The attendance of the young person there would be incompatible with the efficient education of others, or the efficient use of resources

The Equality Act 2010

The Equality Act 2010 sets out the legal obligations that schools, early years providers, post-16 institutions, local authorities and others have towards disabled children and young people: 

  • They must not directly or indirectly discriminate against, harass or victimise disabled children and young people 

  • They must make reasonable adjustments, including the provision of auxiliary aids and services, to ensure that disabled children and young people are not at a substantial disadvantage compared with their peers. This duty is anticipatory – it requires thought to be given in advance to what disabled children and young people might require and what adjustments might need to be made to prevent that disadvantage.

For further information please refer to SEND Code of Practice paragraph 7.7


Dudley SENDIASS (formerly Dudley Parent Partnership Service) provides impartial information, advice and support to young people and parents, covering special educational needs (SEN), disability, health and social care

Helpline number:01384 817373
Address: Saltwells Education Centre, Bowling Green Road Netherton, Dudley DY2 9LY

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