The SEN Green Paper and OFSTED have raised concerns about both variability in, and apparent over-identification of, SEN. This article draws on the authors' research into teachers' experiences of identification of SEN. Findings, along with critical exploration of the current 2001 SEN Code of Practice guidance and proposals for reform outlined in the 2011 SEN Green Paper, suggest that an overemphasis on trying to secure consistency is misconstrued as a route to securing improved outcomes for pupils with special educational needs. The identification of SEN in schools requires assessing the dynamic interaction between the pupil's unique learning characteristics, the class group learning environment and the demands of meeting prescribed curricular learning outcomes. Such acknowledgement renders variability in SEN identification rates between schools as an expected consequence of local responsive planning and provision, rather than an anomaly to be eliminated.