Chapter 5: Early years providers
The earliest years matter most. Early identification of SEN and timely support can make a profound difference. This chapter sets out what all early years providers must do and what parents can expect.
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SEND Code of Practice 2015
Chapter 5: Early years providers
Early years providers including nurseries, childminders, and pre schools all have legal duties around identifying and supporting children with SEN. A child does not need to be in school to be entitled to support.
Quick facts
- Source: SEND Code of Practice, January 2015
- Key legislation: Sections 29, 34, 64, 66, 68, 69, Children and Families Act 2014
- Last reviewed: February 2026
Reform update — February 2026
The 'Every Child Achieving and Thriving' Education White Paper was published in February 2026, alongside a companion document 'SEND Reform: Putting Children and Young People First'. These introduce significant proposed changes including Individual Support Plans, a new three-tier support model, and Specialist Provision Packages. The law documented here — the Children and Families Act 2014 and SEND Code of Practice 2015 — remains in full force until legislation and the updated Code are brought into effect. We will update each page as official text is published. See our SEND Reform 2026 page for a full breakdown.
Coming change — affects this chapter
The white paper introduces Individual Support Plans (ISPs) as a new statutory requirement across all funded education settings including early years. The ISP will formally document SEN support and must be developed with parents. The three-tier support model also begins in the early years. Neither is law yet — the current framework applies in full. See the reform section below for details.
§ 5.27 to 5.31 Identifying SEN in the early years
What the law says
Children and Families Act 2014. EYFS. Code of Practice § 5.27 to 5.31
Early years practitioners must monitor the progress of all children. Where progress causes concern, settings should consider all information and make special educational provision where there is significantly greater difficulty in learning, or disability that hinders use of the setting's facilities.
Identifying and assessing SEN for young children whose first language is not English requires particular care. Practitioners should not assume delay is solely due to language differences.
In plain English
You do not need to wait for school. Reviews like the age two check matter, but monitoring is continuous. English as an additional language must not be used to dismiss concerns without proper investigation.
What to watch out for
- They will catch up at school
- Two year progress check missed
- English as an additional language used as a blanket explanation
What you can do
Write to the setting's SENCO with specific observations and timelines. If needed, bring the child to the local authority's attention under Section 24 of the Children and Families Act 2014.
§ 5.36 to 5.46 SEN support and the graduated approach
What the law says
Section 66, Children and Families Act 2014. Code of Practice § 5.36 to 5.46
There should be no delay in the early years. Settings should use the assess, plan, do, review cycle. Parents must be notified when SEN support starts. Outcomes, interventions and review dates must be agreed.
In plain English
It is an ongoing cycle, not a one off plan. Everything needs writing down and reviewing with you on set dates.
What to watch out for
- Support started without telling parents
- No review dates
- No documentation
What you can do
Ask for the written SEN support plan showing needs, outcomes, provision and the review schedule.
§ 5.51 to 5.58 The role of the SENCO and area SENCO
What the law says
Section 64, Children and Families Act 2014. Code of Practice § 5.51 to 5.58
Funded settings must have a SENCO to coordinate SEN, support staff, involve parents and liaise with external professionals. Area SENCOs support smaller settings and childminders and help with transitions.
In plain English
Always ask who the SENCO is. For small settings, request area SENCO details from the local authority.
What to watch out for
- No named SENCO
- Poor engagement with parents
What you can do
Request a meeting with the SENCO. If there is no named SENCO, ask the local authority for the area SENCO contact.
§ 5.49 Requesting an EHC needs assessment
What the law says
Section 36, Children and Families Act 2014. Code of Practice § 5.49
If relevant and purposeful SEN support has not led to expected progress, the setting should consider requesting an EHC needs assessment. Parents can also request one directly at any age.
In plain English
You do not need to wait for school. Parents can apply directly and the local authority must consider it.
What to watch out for
- Wait until school
- Setting will not support the request
What you can do
Use an EHC needs assessment request template, record the date you submit it, and keep proof of sending. The local authority has 6 weeks to decide.
What the 2026 white paper means for early years
Coming: Individual Support Plans in early years settings
'Every Child Achieving and Thriving' — DfE, February 2026
The white paper introduces a statutory duty on all funded education settings including early years to record SEN support in an Individual Support Plan (ISP), developed with parents. This formalises what is currently informal and inconsistent SEN support documentation.
What ISPs will mean for early years families
Once ISPs are law, you will have a formal right to see, contribute to, and review a written ISP for your child. A setting that refuses to produce one, or produces one without meaningful parental involvement, will be in breach of a statutory duty.
This does not change the current position. The assess, plan, do, review cycle applies now and you can already ask for written documentation of support, outcomes and review dates.
Coming: Three-tier support model starting in early years
The white paper proposes a new three-tier model replacing the current SEN support to EHCP progression:
- Targeted: all children with SEN, documented in an ISP developed with parents
- Targeted Plus: ISP with input from education and health professionals
- Specialist: EHCP for children requiring nationally defined Specialist Provision Packages
This model begins in early years and runs through to post 16. For families in early years, the key change is that there will be a formal documented tier of support below the EHCP threshold, with professionals involved at the Targeted Plus stage before an EHCP is needed.
What stays the same right now
Section 36 EHC needs assessment rights are unchanged. The LA must still respond to a request within 6 weeks. The test for assessment is unchanged. Do not let any setting or LA use forthcoming reforms as a reason to delay or refuse a request that is valid under current law.