What are an early years setting's duties under the SEND Code of Practice?

The core duties

Early years settings must not discriminate against disabled children and must make reasonable adjustments; the EYFS framework also requires SEN arrangements, a SENCO, and SEN support via the assess-plan-do-review cycle. SEN means special educational needs. These duties bite on need, not on a label — a child does not need a diagnosis for the reasonable-adjustments duty or for SEN support to apply.

Three legal sources, not one

Generic answers fold everything into “the Code”. In fact the duties come from three places that work together but are not interchangeable. The Equality Act 2010 duties are owed to disabled children: do not discriminate, harass or victimise, and make reasonable adjustments — including auxiliary aids and services — to stop a disabled child being put at a substantial disadvantage s.20. This duty is anticipatory: you plan ahead for disabled children as a group, you do not wait for one to arrive. The EYFS statutory framework requires every provider to have arrangements in place to identify and support children with SEN or disabilities, and (for local-authority-funded providers) to have regard to the SEND Code of Practice EYFS framework. The SEND Code of Practice 2015, Chapter 5 sets the expectations on top: early identification (including through the progress check at age two), SEN support delivered through the graduated approach, and parents involved at every stage SEND Code, Chapter 5.

Why the detail matters — the SENCO duty is tiered

The line you most often see, “settings must have a SENCO”, is too flat. The requirement is graded by setting type. Maintained schools and maintained nursery schools must appoint a SENCO. Other group providers, such as private and voluntary nurseries, are expected to identify one. Childminders are encouraged to. Getting that tier right is what an Ofsted inspector or a challenging parent will test you on, so it is worth knowing where your setting sits. Whichever tier you are in, the SEN-support and reasonable-adjustments duties still apply.

One reform to watch, but not yet to act on: the February 2026 Schools White Paper proposes a new statutory Individual Support Plan duty reaching into nurseries, backed by the Education for All Bill, with a consultation still open DfE Education Hub. It is a proposal, not law. Changes to EHCP support would start no earlier than September 2030 and current duties are unchanged today.

This page is general information, not clinical or legal advice.