Issue date: 1st November 2024
Renewal date: November 2025
Author: Olivia Woodhams, Skills & Quality Assurance Manager
Approved by: Joanna Mulgrew, Skills Academy Lead
Notes: This document should be used in conjunction with:

  • HBXL Equality and Diversity Policy
  • HBXL Learner Anti-bullying and Anti-harassment Policy
  • HBXL Adult Safeguarding Policy
  • HBXL Tutor Standards

1.     Aims and Scope

HBXL Skills Academy is committed to the equitable treatment of all learners including those with special educational needs and disabilities (SEND). This policy works towards eliminating disadvantages for learners with SEND by:

  • ensuring that all learners (including those with medical conditions) get the support needed in order to access learning;
  • not treating disabled learners less favourably than their peers;
  • making reasonable adjustments so that disabled learners are not put at a disadvantage in matters of enrolment and learning;
  • ensuring that learners with SEND engage as fully as practicable in the activities of HBXL Skills Academy alongside learners who do not have SEND.

HBXL’s SEND policy aims to:

  • explain the roles and responsibilities of everyone involved in providing for learners with SEND.
  • set out how HBXL will support and make provision for learners with special educational needs and disabilities (SEND);

The HBXL Skills Academy has referred to the following legislation and guidance, in so far as they apply to the HBXL Skills Academy as an adult education provider:

  • Equality Act 2010;
  • Special Educational Needs and Disability Code of Practice: 0 to 25 years.

2.     Definitions

Special Educational Needs

A person has special educational needs (SEN) if they have a learning difficulty or disability which calls for special educational provision to be made for them.

They have a learning difficulty or disability if they:

  • have a significantly greater difficulty in learning than the majority of others of the same age;
  • have a disability which either prevents or hinders them from making use of educational facilities of a kind generally provided for others of the same age in mainstream education.

There are four broad areas of need, as identified by The Special Educational Needs and Disability Code of Practice. These are:

  • Communication and Interaction;
  • Cognition and Learning;
  • Social, Emotional and Mental Health;
  • Sensory and Physical Needs.

Learners will not be regarded as having a learning difficulty solely because the language or form of language of their home is different from the language in which they will be taught.

Disability

A person is disabled if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities (as defined by the Equality Act 2010). ‘Long-term’ means 12 months or more. ‘Substantial’ is more than minor or trivial. This definition includes sensory impairments such as those affecting sight or hearing, and long-term health conditions such as asthma, diabetes, epilepsy, and cancer.

Not all learners who have SEN are disabled. Not all disabled learners have SEN.

3.     Roles and Responsibilities

All staff are expected to understand this policy so that the HBXL Skills Academy can identify and make provision to meet those needs.

The Skills & Quality Assurance Manager has responsibility for:

  • ensuring all staff understand their responsibilities to learners with SEND and the HBXL Skills Academy’s approach to identifying and meeting SEND needs;
  • ensuring the learner’s views are sought and considered by the HBXL Skills Academy;
  • coordinating specific provision for learners with SEND;
  • ensuring that tutors are given any necessary information relating to a learner’s learning support needs and/or disabilities (if known) so that teaching practices are appropriate;
  • liaising with external professionals and agencies, as appropriate;
  • ensuring that the HBXL Skills Academy keeps records of all learners with SEN.

The Learner Engagement Manager has responsibility for:

  • obtaining information about any known learning support needs and/or disabilities from learners during enrolment;
  • sharing information relating to learners’ support needs and/or disabilities with the Skills & Quality Assurance Manager and tutors prior to the learner’s commencement.

All Tutors have responsibility for:

  • helping to meet a learner’s needs (irrespective of any specialist qualifications or expertise) through adapting planning, teaching and assessment.

4.     Enrolment

HBXL Skills Academy welcomes all learners and encourages everyone to the make the most of opportunities offered in the hope that learners make excellent progress towards their career goals. HBXL aims to eliminate from the enrolment process any disadvantages which may be encountered by applicants with SEN or disabilities.

HBXL will treat every application from an applicant with SEN or disability in a fair and transparent way and will discuss course suitability on a case-by-case basis.

5.     Identifying Learners with SEND

Learners with SEND may be identified by the HBXL Skills Academy in different ways.

In the first instance, learners with SEND are encouraged to inform HBXL directly. Information is gathered during the enrolment process and shared as appropriate with tutors, prior to the learner starting their course, where possible. In addition, learners are invited to make HBXL aware of any additional learning needs via the Learner Handbook and during course introduction sessions.

Information regarding any learners who have raised concerns is shared with tutors and support staff to alert them to any learners who need close monitoring. The first few weeks of a course are particularly important for ensuring that the course is suitable and that the learner is accessing the right support.

HBXL regularly reviews learner progress to help monitor whether they are making expected progress. Slow progress and low attainment do not necessarily mean that a person has SEN. However, where HBXL reasonably considers that a learner may have a learning difficulty, for example where there are early indications that a learner is not making expected progress, staff will do all that is reasonable to consult with the learner to establish whether any additional support is needed, such as in-class support, additional 1:1 sessions, adapted resources or referrals to other professionals.

6.     Supporting Learners with SEND

If there are significant emerging concerns, or identified SEND, the HBXL Skills Academy will take action to put appropriate provision in place, taking into account any advice from specialists. The learner will always be consulted, their wishes will be listened to, and they will be kept informed of any action taken.

Assess: The learner will be referred to specialist external professionals and agencies, such as theirPerPerfec GP, for assessment. HBXL will put SEND support in place while the learner is on the pathway to assessment.

Plan: Where it is decided to provide SEND support, in consultation with the learner, the Skills & Quality Assurance Manager will suggest adjustments, support and teaching strategies or approaches. These will be recorded in the Learner Management System. HBXL’s SEND provision includes in-class differentiation and strategies, adapted resources and additional teaching in one-to-one sessions.

Do: Tutors will work closely with the Skills & Quality Assurance Manager to assess and monitor the plan of support and the impact of support and interventions in place for the learner. This means ensuring:

  • Support is given consistently in the short term and then reviewed;
  • Staff delivering the support are trained and confident;
  • Communication systems are in place to inform relevant staff of the focus of any additional support and on-going outcomes.

Review: The effectiveness of any support and its impact on the learner’s progress will be reviewed regularly.

The Skills & Quality Assurance Manager will review the impact and quality of the support and interventions in light of the learner’s progress and development and will decide on any changes to the support in consultation with the learner.

HBXL Skills Academy recognises that some learners with a SEN may also have a disability. HBXL will do all that is reasonable in order to meet the needs of learners with disabilities, including helping learners to source and fund specialist IT equipment.

7.     Recording Progress of Learners with SEND

HBXL Skills Academy will record the progress of, and any SEN support for, learners with significant learning difficulties or disabilities on the Learner Management System. This will contain key information such as:

  • Progress;
  • Teaching strategies and support provided;
  • Adjustments to assessment arrangements.

This may be amended as and when circumstances change and at the request of the learner.

8.     Withdrawal

HBXL Skills Academy takes every step to support learners and enable them to progress through their course and onto their next step. Unfortunately, on occasion, HBXL may identify that a learner is not thriving in the HBXL environment. These learners will be monitored and supported as far as possible by their tutors and the Learner Engagement Manager. If the concern continues and/or the learner’s happiness and wellbeing is compromised, a decision will be taken as to whether HBXL can provide the most appropriate learning environment for the learner.

  • Tutors should document concerns about the learner and report them to the Skills & Quality Assurance Manager or Skills Academy Lead.
  • The Skills & Quality Assurance Manager will suggest interventions to help the learner succeed. If, despite these interventions, the learner continues to struggle, a further meeting will be arranged.
  • Where, after all reasonable adjustments have been made or other options considered, HBXL feels that it is unable to accommodate a learner or meet their needs, the learner may be referred to the Local Authority or other agencies to explore different learning opportunities.

9.     Bullying and Behavioural Issues

All learners are taught that any form of discrimination, bullying and harassment is unacceptable and will not be tolerated. During course introductions, and through the curriculum more broadly, the importance of respecting and behaving towards each other with kindness, courtesy and consideration is emphasised.

HBXL recognises that learners with SEND may be particularly vulnerable to being bullied. HBXL’s Learner Behaviour and Disciplinary Policy and Learner Anti-bullying and Anti-harassment Policy make clear the seriousness of bullying, victimisation and harassment and that appropriate sanctions will be applied to any learner who displays inappropriate behaviour.

Persistent disruptive or withdrawn behaviours do not necessarily mean that a learner has SEN but, where there are concerns, the learner will be consulted to determine whether there are any underlying factors such as undiagnosed learning difficulties, difficulties with communication or mental health issues. Any concern relating to behaviour should be viewed in light of a possible safeguarding issue and the Designated Safeguarding Lead (DSL) or Deputy DSL should be consulted.

HBXL recognises that learners with SEND can face additional safeguarding challenges and additional barriers can therefore exist when recognising abuse and neglect. These can include:

  • assumptions that indicators of possible abuse such as behaviour, mood and injury relate to the person’s disability without further exploration;
  • the potential for learners with SEND being disproportionately impacted by behaviours such as bullying, without outwardly showing any signs; and
  • communication barriers and difficulties in overcoming these barriers.

HBXL’s Adult Safeguarding Policy and Procedure will be followed if there are any safeguarding concerns relating to a learner.

10. Entitlement to Additional Time and/or Support in Assessments

Learners who have been diagnosed as having a learning difficulty may be entitled to support, such as additional time or additional 1:1 support, to complete assessments.

11. Concerns

HBXL will listen to any concerns expressed by a learner about their development and progress.

12. Monitor and Review

This policy will be reviewed annually and at other times in the intervening period as necessary.