Accurate and consistent identification of special educational needs is central to inclusive practice. Yet it’s also one of the areas that causes the most uncertainty for teachers and leaders. Schools are often different in how they decide which children they add to their SEND lists.
This blog offers an overview to help colleagues understand how SEND identification in school, what evidence is needed, and how our ‘ordinarily available’ support framework and graduated response fit together.
Why clarity matters
When thresholds for SEND identification are unclear, pupils risk falling through the gaps. Some may receive additional support too late; others may be placed on the SEND register when their needs could be met through quality first teaching and short-term intervention. Clear processes ensure equity, appropriate use of resources, and positive relationships with families.
Across the country, there is currently a postcode lottery when it comes to SEND identification. The criteria and evidence expected to add a child to the SEND register can vary widely between schools, trusts and local authorities. Two children with the same needs could easily be recorded differently depending on the school they attend. This inconsistency creates confusion for parents, teachers and pupils moving between settings. Establishing shared, transparent thresholds is therefore essential to bring fairness and clarity to the process.
The confusion
- There’s no legal national threshold for adding a pupil to a school’s SEND register — and that’s exactly why it varies so much between schools. However, here’s what the law and statutory guidance do say:
- Children and Families Act 2014 – defines a child as having SEND if they have a learning difficulty or disability that calls for special educational provision, meaning provision additional to or different from what is ordinarily available to others of the same age.
- SEND Code of Practice (2015) – sets out that identification should be based on evidence showing a persistent and significant barrier to learning despite high-quality teaching and appropriate adaptations. It requires schools to follow the Assess, Plan, Do, Review cycle and record this process.
- No fixed national criteria – the Code doesn’t give numerical cut-offs or test score thresholds. Schools are expected to use professional judgement and evidence of need and response to intervention, rather than labels or diagnosis alone.
- Graduated Response expectation – schools must demonstrate that they have already provided and reviewed targeted support before identifying a pupil as having SEND.
- Local variation – Local Authorities often publish their own ‘Ordinarily Available Provision’ or ‘Graduated Approach’ guidance, but these are not legally binding — they’re frameworks for consistency.
So, in summary: the law defines what qualifies as SEND, not how schools decide thresholds for the register. Each school must apply the legal definition fairly, record their reasoning, and ensure provision matches the child’s level of need.
The statutory framework
My approach is guided by the SEND Code of Practice (2015) and the Children and Families Act (2014).
A child has SEND if they have a learning difficulty or disability that calls for provision additional to or different from what is ordinarily available for others of the same age.
I wanted to create a consistent guide for families and staff. Download at the end of this post.
The role of high-quality (just good) teaching
All pupils should have access to high-quality, inclusive teaching. Adaptations within the classroom—such as clear routines, scaffolding, visual supports and differentiated resources—are part of what’s expected to be ordinarily available in every classroom. These adjustments are the foundation of our graduated response and should always be the first step before considering SEND identification.
Gathering evidence
Identification of SEND can involve a variety of evidence that teachers, SENCOs and support staff can work together to gather. These may include:
– Classroom observations and pupil work samples
– Standardised assessments and progress data over time
– Views from parents and the pupil
– Response to interventions or additional scaffolding
– External advice or specialist reports (where relevant)
A pupil meets the threshold for the SEND register when evidence shows persistent, significant difficulties despite targeted support and high-quality teaching over time.
Tiered support structure
The graduated response operates through three tiers:
– Tier 1: Universal support – Ordinarily available provision accessible to all pupils, embedded in classroom practice.
– Tier 2: Targeted support – Time-limited, small-group or individual interventions in response to identified gaps.
– Tier 3: Specialist support – Involvement of external professionals or highly individualised provision for pupils with complex needs.
The transition between tiers should be fluid, with ongoing review and communication. Also each student should be looked at as an individual before blanket policies are applied. For example, if a student has a Tier two intervention that is very short term and a ‘one off’, it may not be necessary to include children on your SEND register. Similarly, another student may have a significant number of tier one support. This will cumulatively equate to a significant amount of extra support (especially as a member of support staff is likely facilitating some or all of it). Therefore, inclusion on the register and close monitoring of progress is needed in this instance, as well as potential tier two interventions.
Communication and transparency
Parents should always be kept informed about any concerns regarding their child’s learning or development – leaving it until parents’ evening is never a good idea! Conversations should focus on support, without school staff assuming or suggesting labels (unless already diagnosed). It is best practice for staff to describe behaviours that may need further investigation and not make a suggestion about any possible diagnosis (it is way above our qualification level!). It’s important that both staff and families understand that the SEND register is a mechanism for ensuring that additional or different provision is planned, implemented and reviewed effectively and for everyone to understand the criteria to be included on the register (see attached document). It’s also very useful for parents to understand all of the tier one support available to children without being on the register as many parents are unaware of this provision.
Using the Ordinarily Available Framework
Our Local Authority’s OA framework sets out what every teacher should routinely provide for pupils, including those with mild to moderate needs. It acts as a benchmark for expectations and a tool for self-evaluation. Teachers can use it to check whether their classroom provision meets the needs of all learners before requesting further intervention or assessment. This can link in to a pupil concern form for teachers to fill in for any potential student issues (available on my free resources page).
Next steps
To support this process, I’ve developed a detailed SEND Register Thresholds and Ordinarily Available Support Overview. These documents outline each stage of the graduated response and explains how decisions are made about adding or removing pupils from the SEND register.
The guides provide transparency to both parents and staff.
Download the SEND identification guide to support consistency in SEND identification and ensure that every pupil receives the right level of support at the right time.
Thanks for reading!
Lynn
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