Working with children with Special Needs - relevant legislation

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The term Special Education Needs (SEN) is used and accepted in educational settings, many pieces of legislation have been introduced to protect the rights of children with SEN. “The Warnock Report 1978 reviewed the provision that was available to all children with special needs, this was very important as it informed the Education Act 1981” According to Beaver et al (2008:370). This report recommended that there should be specialist provision for children with SEN and ensures that they received appropriate provision, such as SENCO signers for deaf children.

According to Bruce.T & Meggit.C (2007:8) “The Special Educational Needs and Disability Act 2001 (SENDA) act amends the Disability Discrimination Act 1995; it’s now unlawful to make unjustified discrimination against disabled students and adult learners.” Education provider must make reasonable adjustments to ensure that disabled people in education do not suffer a substantial disadvantage in comparison to those who are not disabled. These adjustments include things such as ramps, lifts, classroom arrangement and equipment, support, awareness and teaching adjustments like: course requirements, timetables, teaching and learning materials. According to Bruce and Meggitt (2007:215) “It is aimed to ‘strengthen the right’ of a disabled child to be educated in mainstream schools where appropriate, although there will still be a ‘vital’ role for special schools.”

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The Children Act 1989 states that families should be respected and given help in bringing up their children, it promotes care of the child as paramount. According to Bruce and Meggitt (2010:7) “This Act states the needs of children are paramount (i.e. the most important). Local authorities must consider a child’s race, culture, religion and languages when making decisions. Childcare services must promote self-esteem and racial identity.”  The aim of this act is to protect children in every situation – in their homes or full time care - from things such as neglect, abuse and exploitation. Childcare services must ...

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