Definition
Special Educational Needs is the statutory term defined at section 20 of the Children and Families Act 2014: a child has SEN if they have a learning difficulty or disability that calls for special educational provision to be made for them. The newer "SEND" label adds disability into the umbrella; SEN remains in legal use within the phrase "SEN Support" and across older documents.
In context for parents
Key checkpoints
- Special Educational Needs is the statutory term defined at section 20 of the Children and Families Act 2014.
- Two-part test: child has a learning difficulty or disability AND it calls for special educational provision.
- "Special educational provision" is defined at section 21 as provision different from or additional to that normally available.
- SEN remains in legal use within the phrase "SEN Support" and across older documents.
- The 2014 shift to "SEND" broadened the umbrella to include disability under the Equality Act 2010.
Section 20 is a two-part test:
- Does the child have a "learning difficulty or disability"? Defined as significantly greater difficulty in learning than the majority of others of the same age, or a disability that prevents or hinders the child from making use of educational facilities of a kind generally provided.
- Does that difficulty call for "special educational provision"? Defined at section 21 as provision different from or additional to that normally available.
The pairing matters. A child can have a learning difficulty but not need SEN (if mainstream teaching meets their needs). A child can also have a disability without requiring SEN (a child with mild hearing loss who is fully supported by their hearing aids and a Roger system already in the school's general offer). SEN is the legal trigger for the graduated approach, the SEN Information Report duties, and the route into EHC needs assessment.
You still see "SEN" in:
- School SEN Information Reports (the statutory document under Regulation 51 of the SEND Regulations 2014).
- The SEN Code of Practice (the document is titled "SEND Code of Practice" but the legal term in the 2014 Act is SEN).
- The phrase "SEN Support".
- The "SEN register" most schools maintain.
- The DfE's annual statistical releases.
The shift from SEN to SEND in everyday usage post-2014 reflects two things: the broader inclusion of disability (under the Equality Act 2010) into a single umbrella, and the move from a school-age (5–16) framework to a 0–25 one.
Related terms
The terms parents most often see alongside Special Educational Needs.
Special Educational Needs and Disabilities(SEND)
The umbrella term used in England for children and young people who need additional or different support to access education. SEND covers four broad areas: communication, cognition, SEMH, and physical/sensory.
SEN Support
The graduated approach used by schools to support children with SEND who do not have an EHCP. SEN Support follows an assess-plan-do-review cycle.
SEND Code of Practice
The 0-25 statutory guidance setting out what schools, colleges, and local authorities in England must do to support children with SEND under the Children and Families Act 2014.
Where parents ask about this
Parents usually find this page reading an older school document, a SENDIASS letter that uses both terms, or a transition document from primary that has SEN throughout. Searches include "SEN versus SEND meaning", "what is the legal definition of SEN", and "SEN register". A Beaakon SENCO can audit the language being used about your child's needs, identify whether the school is operating under the current statutory framework, and write to the school where the framework needs sharpening.
References
The primary legislation, statutory guidance, research, and clinical tools this page draws on.