Legal system - United Kingdom (England)

The UK education system has a number of regional differences with separate legislation for England, Wales, Northern Ireland and Scotland.  This national page is for England. 

The Education Act 1996 imposes certain duties on local  authorities (LAs) – the administrative areas responsible for the provision of statutory education for England and Wales. 

The Education Act 1996 requires that LAs:

• identify children with special educational needs;
• where necessary, make an assessment of those needs, taking account of educational, medical, psychological and other factors;
• where necessary, make a formal statement of those needs and specify the provision which should be made to meet them.

LAs must draw up and publish a special educational needs policy, which should show how all pupils with special educational needs can have access to the National Curriculum.  They have a qualified duty to place pupils with statements of special educational needs in mainstream schools, alongside pupils of the same age without such needs where parents want this.  The qualifications for mainstream placement are:

• that the child receives the special educational provision required by his/her learning difficulty;
• that it is compatible with the provision of efficient education for the children with whom s/he will be educated; and
• that there is an efficient use of resources. 

Children with special educational needs but without statements are educated in mainstream schools.  State funded schools must also do their best to make the provision a child’s learning difficulties call for.  They must also publish information about their special educational needs provision. 

Local authorities in England have a statutory duty under the Childcare Act 2006 to arrange 15 hours a week of free early education for 38 weeks of the year for all three and four year olds whether they have special needs or not.  This applies until they reach compulsory school age (the beginning of the term following their fifth birthday).  Local authorities also have a duty to provide information, advice and assistance to parents.

The Equality Act 2010 places a duty on schools and LAs not discriminate against pupils with disabilities: they must not treat disabled pupils less favourably and must take reasonable steps to avoid putting these pupils at a substantial disadvantage.  Schools must prepare Accessibility Plans, showing how they will improve access to education for disabled pupils.  Guidance is available from the DfE (2002) (www.education.gov.uk/). Guidance is also available from the Equality and Human Rights Commission on schools’ duties under the Equality Act and the Commission is preparing a statutory Code of Practice for Schools. Legislation requires LAs to provide parents with information and guidance on special educational needs, and a means of settling disputes. The Equality Act 2010 also requires public bodies like schools and local authorities to have regard to eliminating discrimination and promoting equality of opportunity between different groups of people.