Explanatory note

These Regulations are the first to be made under the powers contained within section 317(3B) of the Education Act 1996.

They provide that the governing bodies of community, foundation and voluntary schools and maintained nursery schools in England must ensure that the SENCO at the school – the member of the staff at the school whom they have designated as having responsibility for co-ordinating the provision for pupils with special educational needs – is a qualified teacher who has completed induction (as required) and is working as a teacher at the school, or is the head teacher (regulation 3(2) and (3)). It is permissible for a person to be the SENCO, even though they do not meet these requirements, where the person co-ordinated the provision for pupils with special educational needs at the school for at least 6 months up to the 31^st August 2009; the governing body is satisfied that the person is taking steps to meet the requirements and there is a reasonable prospect of their being met on or before the 1^st September 2011 (regulation 3(4)).

The governing body must determine the leadership and management role and the key responsibilities of the SENCO, and monitor the SENCO’s effectiveness in undertaking those responsibilities. The key responsibilities may include carrying out specified tasks, or making arrangements for those tasks to be carried out (regulations 4 and 5).