Legal system - United Kingdom (Northern Ireland)

Legal System

In the north of Ireland, the purpose of special educational provision is to remove or diminish the barriers to achievement, which children and young people with special needs may face.  These may include the classroom approach to learning or the physical nature of the learning environment.  

The Education (NI) Order 1996 and the Special Educational Needs and Disability (NI) Order 2005, (SENDO) place the statutory responsibility for securing provision for pupils with special educational needs with the Education and Library Boards (ELBs) and schools.  

The legislative definition of special educational needs (SEN) is: 

• “a learning difficulty which calls for special educational provision to be made. 

 A child has a learning difficulty if:

• s/he has a significantly greater difficulty in learning than the majority of children of his/her his age; or
• a disability which either prevents or hinders him/her from making use of educational facilities of a kind generally provided for children of his/her age in ordinary schools; or
• s/he has not attained the lower limit of compulsory school age and is, or would be, if special educational provision were not made for him/her, likely to fall into the two categories above when s/he is of compulsory school age. 

The provisions in the Education (NI) 1996 Order, introduced significant new rights for parents, including extended rights of appeal against ELB decisions. 

The 1996 Order also provided for: -

• the formal introduction of a statutory Code of Practice on the Identification and Assessment of SEN, to which schools and ELBs are required to have regard in dealing with all children with special educational needs; and
• the setting of statutory time limits on ELBs, for completing SEN assessments and issuing proposed statements to parents.

The Special Educational Needs and Disability (NI) Order 2005 (SENDO) became operational on 1st September 2005.  

The objective of this legislation is to further strengthen the rights of children with SEN to be educated in mainstream schools, where parents want this and the interests of other children can be protected. 

SENDO introduced disability discrimination provisions that apply to schools and boards here.  

The remit of the Special Educational Needs Tribunal, now known as the Special Educational Needs and Disability Tribunal (SENDIST), was extended to hear claims of disability discrimination against schools and boards.

SENDO placed new duties on ELBs including the provision of advice and information on SEN matters for parents, schools and an informal means for avoiding and resolving disputes between parents and schools and/or ELBs – the DARS (Dispute Avoidance and Resolution Service). 

SENDO requires the ELBs and other school authorities to review and improve physical accessibility to school buildings.  DE has provided £32m for this purpose.