The SEND Code of Practice (Introduction, paragraphs xiii to xv) says a child of compulsory school age has a learning difficulty or disability if they have significantly greater difficulty in learning than most others of the same age, or a disability that prevents or hinders them using the facilities generally provided in mainstream schools. Special educational provision is provision that is additional to, or different from, what is generally made for others of the same age.
The Code groups needs into four broad areas: communication and interaction; cognition and learning; social, emotional and mental health; and sensory and/or physical needs (paragraphs 6.27 to 6.35). Support is given through SEN support in school or, for the most complex needs, an EHCP.
Why it matters for safeguarding. KCSIE 2026 paragraph 249 says children with SEND can face extra barriers to having abuse recognised, such as assuming signs of abuse are part of their condition, communication barriers, isolation, bullying and intimate care. Reports of abuse need close liaison between the DSL and the SENCO (paragraph 250).
Status in 2026: the Schools White Paper and SEND consultation of 23 February 2026 propose a new system, including Individual Support Plans. They are only proposals. Part 3 of the Children and Families Act 2014 and the 2015 Code still apply in full, and new legislation is expected to take effect from September 2029 at the earliest.