Early last month, the DfE published updated SEND guidance for school governing boards titled “Special educational needs (SEN) and disabilities: guidance for school governing boards” (“the Guidance”).
The aim of the Guidance is to support school governing boards in their understanding of 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.
Roles and responsibilities of school governing boards
The Guidance details the various roles and responsibilities of governing boards. Whilst a large part of these is ensuring that pupils with SEND have high quality outcomes (and collaborating with the executive and senior leaders to achieve this), they also include the broader responsibilities of setting the values, culture, and tone of the organisation, and ensuring pupils not only play a full part in the life of school, but also thrive.
It is highlighted that schools should identify the SEND requirements of children and respond appropriately, then monitor the progress, development, outcomes and destinations of pupils, supporting them at each age and stage. In order to do this effectively, the Guidance stresses the importance of a school and its staff understanding the impact of its policies, practices and decisions. Regular training may be key to ensuring this understanding is maintained.
The Guidance also details the connection between the disability and equality duties under the Equality Act 2010, and the duties in relation to SEND. In addressing this, schools should identify areas of inequality that may become problematic, with the governing body assisting them in planning to become increasingly inclusive over time.
It is stressed that it is vital for governors to assure themselves that a school is providing adequate support for pupils with SEND. It is noted that one way in which this can be achieved is by asking the right questions of senior leaders, giving a non-exhaustive list of topics that can be covered, such us:
- The school’s inclusive nature;
- The efficacy of communication and engagement between the school and the parents of pupils with SEND;
- The involvement of parents of pupils with SEND in reviewing the school’s general SEND policies and practices;
- Pupil involvement in decision-making regarding the support for those with SEND (at both the individual and the school level);
- The expertise of staff in supporting those with SEND.
What is a lead member and what are their responsibilities
The Guidance notes that whilst overall responsibility rests with the board, there ought to be a lead member of the governing board/body, or a sub-committee with specific oversight of the school’s arrangements for SEND.
A lead member’s responsibilities include but are not limited to the following:
- Championing the school’s support for pupils with SEND;
- Encouraging pupil engagement;
- Ensuring the board has the information it requires for assurance about the school’s practice;
- Working closely with the head teacher/principal, senior leadership team and the SENCO (if applicable).
The Guidance highlights the potential benefit of the lead member (or sub-committee) also overseeing the responsibilities under the Equality Act 2010 as well as the Children and Families Act 2014.
The use of data
The Guidance also provides a non-exhaustive list of data sets that governors may find useful as evidence to underpin their strategic oversight. These include but are not limited to:
- The school population of pupils with SEND, broken down by category of need;
- Comparisons of SEND data with neighbouring schools, the local authority, and nationally;
- Percentage data for pupils receiving SEN Support, and/or who have an Education, Health and Care plan.
Whilst the Guidance does not impose new responsibilities or requirements on governing bodies, it highlights the importance of appropriate and regular training to assist with the understanding of school policies and their impact, and to help discharge duties in relation to SEND. The Guidance also provides a clear indication as to the steps that governors should be taking in order to ensure the effective provision for children with SEND in school.
The Guidance is available here – Special educational needs (SEN) and disabilities: guidance for school governing boards
How Moore Barlow can help
Should you need advice regarding SEND matters, or would like to know more about the duties owed by governing boards and how these can be fulfilled, members of our Charities and schools team will be happy to assist you with Legal advice for independent schools.
