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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The Special Educational Needs Code of Practise 2001 states that children have SEN if they have a learning difficulty, which requires for special educational provision. According to Beaver et al (2008:370) “The Code of Practise is a guide for schools and Local Education Authorities (LEAs) about the practical help they can give to children with special educational needs”. This is a guide for schools and LA’s about the practical advice and information they can off children and families which suffer from a disability, every setting should have a copy for parents/carers to view.

The Education Reform Act 1993 builds on and replaces the Education Act 1981. It included the health services to work closely with the local authorities, voluntary services and parents where children under 5 years were involved. According to Bruce and Meggitt (2010:7) “Local Education Authorities (LEAs) must provide access to the national curriculum to all children including those with special needs and must identify and assess children’s needs.” It included the Code of Practise. In addition parents were also given rights for the first time to appeal against decisions made by the local authorities. This act requires that LEAs identify and assess pupils who may require the LEA to decide on suitable provision for them.

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