Special educational needs and disability: definitions and data
This unit sets out the current definitions concerning SEN and related conditions. It considers the way in which such definitions require school staff and other professionals to make judgements on a case-by-case basis when identifying a pupil as having SEN.
It examines national data on the prevalence and variation of SEN, in turn highlighting some of the factors that might indicate a child being at increased risk of having SEN.
SEN variation: trends in overall numbers of pupils identified
The percentage of SEN pupils without a statement rose over the last decade, peaking in 2010. Drag the slider to see how the figures have changed. See the 2011 statistical first release on SEN (PDF, 230KB) for more information.
- In 2003, 14% of pupils with SEN did not have a statement to record this.
- By 2010, the percentage of SEN pupils without a statement had risen to 18.2%.
- The percentage of SEN pupils without a statement dropped to 17.8% in 2011. This can mostly be attributed to a notable decrease of in the number of pupils at School Action without a statement.
- 2003: 14%
- 2010: 18.2%
- 2011: 17.8%
SEN variation: month of birth
Younger pupils within a year group – those born in the later summer months, towards the end of the academic year – are more likely to have SEN.
You can find out more at the Institute for Fiscal Studies website.
SEN variation: different needs identified at different ages and stages
This timeline demonstrates how the nature and type of children’s SEN varies at key stages, based on figures from 2009.
- Age:
- 7 years
- 11 years
- 17 years
Defining disability
A common misperception is that the definition of disability only applies to a small group of people. In practice, the definition in the Equality Act 2010 is much broader. This diagram demonstrates the overlap between the definitions of SEN and disability.
The Education Act 1996 states that: “a child has special educational needs if he or she has a learning difficulty which calls for special educational provision to be made for him or her”.
The definition of SEN in the Education Act 1996 is relative in two important ways:
- Children are compared to the majority of children of the same age: a child has a learning difficulty if he or she has a “greater difficulty in learning than the majority of children of his age”.
- Provision to meet their needs is defined relative to the provision that is normally available in the area.
The Act states that:
- A child has SEN if “he or she has a learning difficulty which calls for special educational provision to be made for him or her”.
- A child has a learning difficulty if they have a: “greater difficulty in learning than the majority of children of his age”.
- A disability “which prevents or hinders [a child] from making use of educational facilities” amounts to a learning difficulty if it requires special educational provision.
- Special educational provision is “additional to or otherwise different from” provision that is normally available in the area.
The Act’s definition of SEN includes more children than those who have learning difficulties in the commonly accepted sense, as it includes children who have a disability and require the provision of something additional or different.
For example, a child with a visual impairment who needs materials to be provided in an enlarged font is defined in the legislation as having a learning difficulty even if they are not behind in their learning.
The definition of SEN includes many, but not necessarily all, disabled children:
- A disabled child has SEN if they have a disability and need special educational provision to be made for them in order to be able to access the education which is available locally.
- The largest group of pupils who may be disabled but do not have SEN are likely to be those with a range of medical conditions – for example, those with severe asthma, arthritis or diabetes may not have SEN but may have rights under the Equality Act.
Similarly, not all children with SEN will be defined as having a disability under the Equality Act:
- Many of the pupils who have SEN and a statement or who are at School Action Plus, or Early Years Action Plus, will count as disabled.
- Some children whose emotional and behavioural difficulties have their origins in social or domestic circumstances are identified as having SEN, but may fall outside the definition of disability in the Equality Act. However, those with a mental health condition are likely to be included where their impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.
The Equality Act 2010 defines a disabled person as someone who has “a physical or mental impairment which has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities”.
A pupil who suffers from an impairment is not by default considered to be disabled. It is the effect on their ability to carry out normal day-to-day activities that has to be considered. To be defined as a disability, the effect has to be long-term and substantial:
- The Equality Act defines ‘long-term’ as having lasted or being likely to last for 12 months or more.
- 'Substantial' means more than minor or trivial but it may helpfully be thought of as meaning having some substance.
The combined effect of this is to provide a relatively low threshold for what may count as a disability, thus including more people in the definition.
