here is considerable overlap between children who have SEN and those who are disabled.

Special Educational Needs (SEN) is defined in Section 312 Education Act 1996.
Children have special educational needs if they have a learning difficulty which requires special educational provision to be made for them.  Children have a learning difficulty if they:

• have a significantly greater difficulty in learning than the majority of children of the same age; or
• have a disability which prevents or hinders them from making use of the usual educational facilities.

This includes children who struggle because they are less able academically, or for other reasons, such as a physical disability, a behavioural difficulty that interferes with their learning, or a condition or disorder, e.g. autism or dyslexia.  Pupils should not be described as having SEN if any difficulties are because English is not the language spoken at home, although some children who do not have English as a first language will also have SEN or be disabled.
Under Disability Equality Schemes, schools are required to identify pupils with a disability in the same way as pupils with SEN and assess their needs to help them be involved as much as possible in school life.

Disability

A disabled person (child or adult) is someone who has a physical or mental impairment which has a substantialand long-term adverse effect on his or her ability to carry out normal day-to-day activities.

A physical or mental impairment includes:

• sensory impairments;
• impairments relating to mental functioning, including learning disabilities; or
• long term health conditions e.g. diabetes, epilepsy,  cancer or multiple sclerosis.

Long-term means an impairment that has lasted at least 12 months, or is likely to last 12 months or for the rest of the person’s life.

Normal day-to-day activities cover the following categories:

• mobility;
• manual dexterity;
• physical co-ordination;
• continence;
• ability to lift, carry or otherwise move everyday objects;
• speech, hearing or eyesight;
• memory or ability to concentrate, learn, or understand; and
• understanding of the risk of physical danger.

Most pupils with SEN also have a disability.  Some pupils with medical conditions will be disabled but not necessarily have special needs. It is probably safest to assume that the children and young people you are supporting may well fit both descriptions.

Department of Education and Skills (2001) Special Educational Needs Code of Practice.  DCSF Publications.
Part 4 of the Disability Discrimination Act (1995) as amended by the Special Educational Needs and Disability Act (2001).
Schools and the Disability Equality Duty in England and Wales – Guidance for governors, head teachers, teaching and support staff working in schools in England and Wales (2007) can be downloaded from:
www.publications.teachernet.gov.uk

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