Support Children with SEND in Early Years Settings

All early years providers registered with Ofsted have a legal duty to identify and support children with Special Educational Needs and Disabilities (SEND). This is a requirement under the EYFS framework and the Children and Families Act 2014.

Ofsted inspects SEND provision in all childcare settings, and failure to meet SEND requirements can result in enforcement action. However, with the right approach, supporting children with SEND is rewarding and manageable.

Your legal duties for SEND provision

SEND Requirements for Early Years Providers

Legal duties for early years settings to identify and support children with Special Educational Needs and Disabilities under the EYFS framework and SEND Code of Practice 0-25 (2015).

All early years providers registered with Ofsted must have arrangements in place to identify and support children with special educational needs and disabilities (SEND). This is a legal requirement under the Early Years Foundation Stage (EYFS) framework and the Children and Families Act 2014.

The SEND Code of Practice (0-25 years) sets out statutory duties for early years providers to ensure children with SEND receive appropriate support and that parents are fully involved.

Legal basis: EYFS Statutory Framework 2024; Children and Families Act 2014; SEND Code of Practice 2015
SENCO requirement - group settings: Group providers are expected to identify a Special Educational Needs Coordinator (SENCO) - there is no minimum-children threshold
SENCO requirement - childminders: Childminders are encouraged to identify a person to act as SENCO (childminders in a network may share one)
SENCO qualification: The Level 3 early years SENCO qualification is optional CPD (DfE-funded places have been available) - there is no statutory qualification deadline. The 3-year NPQ rule applies to school SENCOs, not early years settings
Early identification duty: Providers must have clear approach to identifying SEND and reviewing children's progress
Graduated approach: Assess, Plan, Do, Review cycle for SEND support
Parent partnership: Must work in partnership with parents and share information about SEND support
External specialists: Must work with local authority and health services when additional support needed
Ofsted inspection focus: SEND provision is a key judgement area in all Ofsted inspections

SENCO role and responsibilities

The SENCO is responsible for:

Ensuring all staff understand their responsibilities to children with SEND
Advising and supporting colleagues on SEND strategies and resources
Ensuring parents are closely involved throughout
Working with external agencies and professionals
Maintaining records of children with SEND and their support plans
Leading implementation of the graduated approach (Assess, Plan, Do, Review)
Coordinating support for children with Education, Health and Care Plans (EHCPs)

The graduated approach: Assess, Plan, Do, Review

Early years providers must implement the graduated approach when a child has SEND:

Assess: Analyse the child's needs using EYFS assessment information, observations, and input from parents and external professionals
Plan: Agree interventions and support with parents, set clear outcomes, and decide when to review progress
Do: Provide agreed support and interventions, with the key person remaining responsible for working with the child daily
Review: Review effectiveness of support, assess impact on progress, and decide next steps with parents

EYFS Progress Check at age 2: Required for all children between 24-36 months; must identify any developmental concerns or SEND
SEND Support: Additional or different support from standard early years provision
Education, Health and Care Plan (EHCP): Statutory plan for children with complex needs; provider must cooperate with local authority
Local Offer: Providers should know and share information about their local authority's SEND Local Offer

Designate a SENCO: Group providers are expected to identify a SENCO for the setting. The SENCO should be a member of staff with management responsibilities.
Support SENCO training: Consider the Level 3 early years SENCO qualification - optional CPD (DfE-funded places have been available). Courses are typically 6-12 months.
Develop SEND policy: Create a written SEND policy explaining how your setting identifies, assesses, and supports children with SEND. Share with parents and Ofsted.
Implement the graduated approach: Use the Assess, Plan, Do, Review cycle for all children with identified SEND. Document interventions and outcomes.
Establish parent partnerships: Involve parents from the earliest point. Share observations, discuss concerns, and agree support plans together.
Build external relationships: Establish working relationships with your local authority SEND team, health visitors, speech and language therapists, and other professionals.
Maintain SEND register: Keep accurate records of children with SEND, their support plans, reviews, and progress. Required for Ofsted inspections.

EYFS statutory framework 2024

Accessing SEND funding

Additional funding is available to help you support children with SEND. There are three main funding streams you can access:

Early Years SEND Inclusion Funding

Funding available for early years providers supporting children with SEND, including Disability Access Fund and Early Years Pupil Premium. Pure data reference.

Local authorities provide additional funding to support early years settings caring for children with SEND. Providers can access three main funding streams to help meet the costs of inclusion and additional support.

Disability Access Fund (DAF): At least £975 per year per eligible child (2026/27); £938 in 2025/26
DAF eligibility: Child receives Disability Living Allowance AND takes up any funded early education entitlement
DAF payment frequency: Annual lump sum paid directly to provider
Early Years Pupil Premium (EYPP): At least £1.15 per hour, up to around £655 per year per eligible child (2026/27); £1.00 per hour, up to £570 in 2025/26
EYPP eligibility: Family receives benefits or child in care/adopted from care/has left care under special guardianship
SEN Inclusion Fund (SENIF): Amounts vary by local authority - typically £500-£10,000 per child per year
SENIF purpose: Support children with emerging or identified SEND to access early education
SENIF application: Provider applies to local authority with evidence of child's needs and proposed support

Check child eligibility for DAF: Confirm the child receives Disability Living Allowance and is taking up any funded early education entitlement. Parents provide evidence.
Claim DAF funding: Submit DAF claim to your local authority. Payment is made directly to the provider, not the parent.
Identify EYPP eligible children: Check with parents if they receive eligible benefits. Use the eligibility checking service to verify.
Apply for SEN Inclusion Funding: Contact your local authority's early years SEND team. Provide evidence of the child's needs and a support plan showing how funding will be used.
Document spending: Keep records of how SEND funding is spent. Ofsted may check funding is used appropriately to support children's needs.

Using SEND funding appropriately

Providers must use SEND funding to support children's additional needs. Appropriate uses include:

Additional staff time for one-to-one or small group support
Specialist resources and equipment (communication aids, sensory equipment)
Staff training on specific SEND needs
Environmental adaptations to improve accessibility
External professional advice (e.g., specialist SEND consultant, speech therapist)

Funding should not be used for core running costs unrelated to the child's SEND support.

Working with parents and professionals

SEND support is most effective when you work in partnership with:

Parents: Involve parents from the earliest point you identify concerns. Share observations, discuss support strategies, and agree plans together.
Health visitors and GPs: For medical advice and referrals to specialist services.
Speech and language therapists: For communication and language difficulties.
Educational psychologists: For assessment and advice on learning needs.
Local authority SEND team: For advice, training, and access to inclusion funding.
SENCO networks: Join local SENCO networks for peer support and training opportunities.

What Ofsted looks for

During inspections, Ofsted will assess whether:

You have identified a SENCO who understands the role (group providers are expected to identify one - there is no minimum-children threshold, and the Level 3 early years SENCO qualification is optional professional development)
You identify children's SEND early and accurately
You implement the graduated approach effectively
Parents are fully involved in SEND support
You work with external professionals when needed
SEND children make progress from their starting points
You maintain appropriate SEND records and support plans

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