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 professionalsPlan: Agree interventions and support with parents, set clear outcomes, and decide when to review progressDo: Provide agreed support and interventions, with the key person remaining responsible for working with the child dailyReview: 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)