Identifying Children with Special Educational Needs and/or Disabilities - Section 23

This page explains Section 23 of the Children and Families Act 2014, and what it means to parents, carers and families in B&NES.

What is Section 23 of the Children and Families Act 2014?

Health professionals and health bodies have a legal duty under Section 23 of the Children and Families Act 2014 to notify the Local Authority of any child under 5 who they consider may need some extra arrangements made for them when they start school and has or is likely to have special educational needs or a disability (SEND). This will help them work together and to improve services for families.

The legal duty to notify the Local Authority applies to any health professional currently working with children and means they must:

  • Inform parents that they believe their child has (or is likely to have) SEND;
  • Arrange for parents to discuss this opinion with an appropriate health professional; 
  • Advise parents of organisations that may be able to support them.

The Local Authority will use this information to help them to plan for services and provide enough provision to meet the needs of children and young people with SEND.

What will happen next?

Any health professional currently working with your child, including paediatricians or therapists, will talk to you about your child’s difficulties and inform you if they believe that your child may have special needs.

This could be in a variety of different areas e.g., learning delay, communication difficulties or physical difficulties. They will ask your permission to notify the Council of this. If another professional has already asked your permission, then you will be able to let them know.

Health professionals will be able to advise you and signpost you to organisations who may be able to help you.

Will my child automatically get extra help?

This notification is to help planning on a wide scale, so will not directly lead to additional support for your child. People working with you and your child should discuss with you what they think is necessary and what will be available to support you and your child.

Children develop and change greatly during their pre-school years so your child may improve and not actually need much extra support.
 

Where can I go for more information and support?

B&NES SEND Local Offer for children and young people (aged up to 25) with special educational needs and disabilities (SEND) and their families signposts to a wealth of information to support families in accessing the most appropriate support for their child. Explore the Early Years information to find out more. 

B&NES Parent Carer Forum work with B&NES Council, BSW ICB (BANES, Swindon and Wiltshire Integrated Care Board who commission our health services) and other agencies, host workshops, support groups and activities for the benefit of Parents, Carers and families of children and young people aged 0-25 with SEND in B&NES.

The Health Visiting Service is a universally delivered service and works with all families with children under the age of 5 years in Bath and North East Somerset. Health visitors are there to help and support expectant or new parents and their families with any needs that are impacting upon their health and wellbeing.