Legal requirements
Early years providers must have arrangements in place to support children with Special Educational Needs and Disabilities (SEND). Maintained schools, academies and maintained nursery schools are required to identify a member of staff to act as Special Educational Needs Co-ordinator (SENCO), and other providers (in group provision) are expected to identify a SENCO.
Maintained schools, academies and maintained nursery schools and all providers who are funded by the local authority to deliver early education places are required to have regard to the 0-25 SEND Code of Practice. Other providers may find it helpful to familiarise themselves with the early years section of the 0-25 SEND Code of Practice. (EYFS Statutory Framework 2025 3.76)
Schools must make reasonable adjustments for all pupils, as stated in the Equality Act (2010). The SEND Code of Practice (CoP) is also clear that high quality teaching is the first step in responding to pupils who have or may have SEN and that additional support and intervention cannot compensate for a lack of good quality teaching (CoP 6.37). These adjustments, adaptations and support should form part of the school’s ordinarily available inclusive education offer and be clearly communicated.
Inclusive education and targeted support
Making ordinarily available inclusive education available to all children and young people will mean that fewer will require additional targeted support.
Where ordinarily available inclusive education is not meeting the child or young person’s needs, they will require support that is ‘additional to and different from’. This is known as ordinarily available targeted support and should be provided from within the setting’s own resources.
Ordinarily available targeted support is purposeful support that is intentionally planned to meet clearly identified needs. It may include:
- more frequent and deliberately planned use of OAIP strategies
- the use of additional resources or equipment, targeted intervention either in the classroom or as an additional activity
- some additional time with an adult.
Ordinarily Available Inclusive Education provision remains the foundation of inclusive practice and provision for those children who require targeted support.
Many children who require targeted support will have an identified special educational need and will be recorded as SEN support. However, not all children with an additional need will require targeted support. Some may have their needs met through OAIP. Additionally, some children may require some targeted support for a short period of time, but will not have an identified SEN and, once they have responded well to the support or intervention, will once again have their needs met through OAIP.