LEGAL SYSTEM
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; and
- 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 must also publish a Behaviour Support Plan – a statement of their provision for pupils with behaviour difficulties (www.dcsf.gov.uk/publications/guidanceonthelaw/1_98/part1.htm; ). They have a qualified duty to place pupils with 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.
Under the Act, state 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.
Under the terms of the School Standards and Framework Act 1998, LAs have to ensure early years provision to meet the needs of all children in the area from the age of 3. LAs have Early Years Development and Childcare Partnerships to oversee provision and provide information to parents. All children with special educational needs are included in these arrangements.
The disability element of Special Educational Needs and Disability Act 2001 ( which amended the Disability Discrimination Act 1995) requires LAs to ensure that they do 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. They must prepare Accessibility Plans, showing how they will improve access to education for disabled pupils. Guidance is available from the DCSF (2002) (www.dcsf.gov.uk/sen) and a Code of Practice and Handbook is available from the Disability Rights Commission (www.drc-gb.org.uk). The legislation also requires LAs to provide parents with information and guidance on special educational needs, and a means of settling disputes. The Disability Discrimination Act 2005 also requires public bodies like schools and local authorities to promote equality of opportunity as between disabled and non-disabled people and to draw up Disability Equality Schemes.
