Support Children with SEND in Early Years Settings

Guide summary

Group providers are expected to identify a SENCO, whatever the number of children
The SENCO should be a member of staff with management responsibilities
The Level 3 early years SENCO qualification is optional, with no statutory deadline
Write a SEND policy and share it with parents and Ofsted
Keep a SEND register of support plans, reviews and progress, as Ofsted inspections require it
Complete the EYFS Progress Check for every child between 24 and 36 months
Disability Access Fund: a child must get Disability Living Allowance and take up a funded entitlement
Identify children eligible for Early Years Pupil Premium; the local authority checks eligibility

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 failing to meet SEND requirements can lead to enforcement action.

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 (opens in a new tab)

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 (England)

Government funding for early years providers in England who support children with SEND: the Disability Access Fund, the Early Years Pupil Premium and local authority SEN inclusion funds.

In England, local authorities receive government funding for early years providers who support children with special educational needs and disabilities (SEND). The 2026 to 2027 rules are in the Department for Education's operational guide for local authorities. The funding comes through three streams.

Every local authority must have a SEN inclusion fund (SENIF) for children below compulsory school age who have special educational needs, whatever number of hours they take. It is meant to help providers support the low-level and emerging needs of individual children and to help them offer places to these children. Local authorities distribute most of it to providers as top-up grants decided case by case.

The Disability Access Fund (DAF) can help providers make reasonable adjustments to their settings, build capacity, train staff and buy resources and adjustments for an eligible child. The Early Years Pupil Premium (EYPP) gives providers additional funding for eligible children from families receiving additional support who take up a funded entitlement place.

Providers are responsible for identifying eligible children and are encouraged to use the Department for Education's parent declaration template. The local authority checks eligibility. Children in a primary school reception class are not eligible for the DAF or the EYPP, and the SENIF is not for reception-year children.

Disability Access Fund: At least £975 a year per eligible child (2026 to 2027)
DAF eligibility: Child gets Disability Living Allowance and takes up any funded early education entitlement
DAF payment: Lump sum from the local authority to the provider, not pro-rated by hours
DAF where a child uses several providers: Paid to the main setting the parent nominates
Early Years Pupil Premium: At least £1.15 an hour for up to 570 hours a year, so at least £655 a year (2026 to 2027)
EYPP eligibility: Child takes up a funded entitlement and the family gets a qualifying benefit, or the child is in care, or has left care by adoption, special guardianship or a child arrangements order
EYPP and Universal Credit: Parent's net earned income is tested over up to 3 assessment periods
SEN Inclusion Fund: Set by each local authority
SENIF purpose: Support low-level and emerging SEN in children below compulsory school age

Working with parents and professionals

SEND support works best in partnership. Involve parents from the moment you first have concerns: share your observations, discuss support strategies and agree plans together.

Health visitors and GPs can give medical advice and refer children to specialist services. Speech and language therapists help with communication and language difficulties, and educational psychologists assess and advise on learning needs. Your local authority SEND team offers advice, training and access to inclusion funding, and local SENCO networks give peer support and training.

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

Legal basis

Primary legislation and key regulations

Children and Families Act 2014 Primary 2014 · UK-wide Equality Act 2010 Primary 2010 · UK-wide Childcare Act 2006 Primary 2006 · UK-wide

Browse UK legislation legislation.gov.uk

Official guidance

Level 3 early years SENCO qualification (nasen) (opens in a new tab)

nasen.org.uk

SEND Code of Practice: 0 to 25 years (opens in a new tab)

Publication · GOV.UK · England

Understand EYFS framework requirements (opens in a new tab)

England

Implement SEND support systems (opens in a new tab)

England

Get extra funding for your early years provider (opens in a new tab)

GOV.UK · England and Wales

Early years entitlements: local authority funding operational guide 2026 to 2027 (opens in a new tab)

Publication · GOV.UK · England

Early Years Pupil Premium guidance (opens in a new tab)

Publication · GOV.UK · England

Find local council (opens in a new tab)

GOV.UK

Support Children with SEND in Early Years Settings

Your legal duties for SEND provision

Accessing SEND funding

Working with parents and professionals

What Ofsted looks for

Legal basis

Official guidance

Related guides in CQC Registration

AI Regulation Framework

Healthcare premises and equipment requirements

Outdoor Learning and Forest School in Early Years

Register Holiday Clubs and Out-of-School Care

Register as a childminder in England