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12 - Educational rights for children with disabilities

Published online by Cambridge University Press:  05 June 2012

Jane Fortin
Affiliation:
University of Sussex
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Summary

Introduction

Despite many calls for improvement, it is notoriously difficult to obtain accurate statistics on the prevalence and patterns of childhood disability in the UK. Current estimates depend on a variety of sources, often depending on the extent to which families obtain services of various kinds. Furthermore, any statistics on disability are undermined by varied definitions of disability. For health services, the term ‘disabled children’ refers to those ‘children and young people who are disabled and/or those with complex health needs’. Anti-discrimination law more specifically defines a ‘disabled person’ as someone who ‘has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities’. The fact that many professionals working with children even lack a common language may also affect collection of data. Hopefully these differences will modify as professionals work alongside each other in children's trusts, under the changes introduced by the Every Child Matters reform programme and the Children Act (CA) 2004. Similarly, data collection and information sharing about the numbers and needs of disabled should also improve with the introduction of electronic health and social care records. Meanwhile, official figures may always be incomplete since there is probably a high incidence of undetected childhood disabilities of various kinds. Whatever their true level, the range is considerable and there is increasing prevalence of impairment. But the extent to which they hamper children from being able to benefit from educational provision varies.

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Publisher: Cambridge University Press
Print publication year: 2009

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References

,Audit Commission (2002a) Statutory Assessment and Statements of SEN: In Need of Review? Audit Commission.
,Audit Commission (2002b) Special Educational Needs: A Mainstream Issue, Audit Commission.
,Audit Commission (2003) Services for Disabled Children, Audit Commission.
,Audit Commission (2007) Out of Authority Placements for Special Educational Needs, Audit Commission.
,Audit Commission (2008) Are We There Yet? Improving Governance and Resource Management in Children's Trusts, Audit Commission.
Bercow, J. (Chairman) (2008) The Bercow Report: A Review of Services for Children and Young People (0–19) with Speech, Language and Communication Needs, DCSF.Google Scholar
Birtwistle, T. (2002) ‘Liability for “Educational Malpractice”Education Law Journal95.Google Scholar
Blair, A. (2006) ‘Local Government Ombudsmen Reports7 Education Law Journal210.Google Scholar
Blair, A. (2008) ‘Local Government Ombudsmen Reports9 Education Law Journal225.Google Scholar
Boyle, D. and Burton, E. (2004) ‘Making Sense of SEN: The Role of the Voluntary Sector5 Education Law Journal15.Google Scholar
Burchardt, T. (2005) The Education and Employment of Disabled Young People: Frustrated Ambition, Joseph Rowntree Foundation.Google Scholar
Cannon, L. (2005) ‘Special Educational Needs and the Case for Children's Rights6 Education Law Journal108.Google Scholar
,Committee on the Rights of the Child (1995) Concluding Observations of the Committee on the Rights of the Child: United Kingdom of Great Britain and Northern Ireland CRC/C/15/Add 34, Centre for Human Rights, Geneva.Google Scholar
,Committee on the Rights of the Child (2006) General Comment No 9, The Rights of Children with Disabilities, CRC/C/GC/9, Centre for Human Rights, Geneva.Google Scholar
,Committee on the Rights of the Child (2008) Concluding Observations of the Committee on the Rights of the Child: United Kingdom of Great Britain and Northern Ireland CRC/C/GBR/CO/4, Centre for Human Rights, Geneva.Google Scholar
,Department for Children, Schools and Families (DCSF) (2007a) Trends in Education and Skills, DCSF.Google Scholar
,Department for Children, Schools and Families (DCSF) (2007b) Cm 7280 The Children's Plan: Building Brighter Futures, TSO.Google Scholar
,Department for Children, Schools and Families (DCSF) (2008a), SFR 14/2008 Permanent and Fixed Term Exclusions from Schools and Exclusion Appeals in England, 2006/7, DCSF.Google Scholar
,Department for Children, Schools and Families (DCSF) (2008b) SFR 09/2008, Pupil Characteristics and Class Sizes in Maintained Schools in England, January 2008 (Provisional), DCSF.Google Scholar
,Department for Children, Schools and Families (DCSF) (2008c) Consultation on Draft Education (Special Educational Needs Co-ordinators) (England) Regulations 2008, DCSF.Google Scholar
,Department for Children, Schools and Families (DCSF) (2008d) Improving Behaviour and Attendance: Guidance on Exclusion from Schools and Pupil Referral Units, DCSF.Google Scholar
,Department for Children, Schools and Families (DCSF) (2009) School Admissions Code, TSO.Google Scholar
,Department for Education and Employment (DfEE) (1997) Cm 3785 Green Paper Excellence for all Children: Meeting Special Educational Needs, DfEE.Google Scholar
,Department for Education and Skills (DfES) (2001) Special Educational Needs: Code of Practice DfES/581/2001, DfES.Google Scholar
,Department for Education and Skills (DfES) (2004a) Every Child Matters: Next Steps, DfES.Google Scholar
,Department for Education and Skills (DfES) (2004b) Removing Barriers to Achievement: The Government's Strategy for SEN, DfES.Google Scholar
,Department for Education and Skills (DfES) (2007) SFR 21/2007 Permanent and Fixed Term Exclusions from Schools and Exclusion Appeals in England, 2005/6, DfES.Google Scholar
,Department of Health (DH) (2004) Disabled Child Standard, National Service Framework for Children, Young People and Maternity Services, DH.Google Scholar
,Disability Rights Commission (DRC) (2002) Disability Discrimination Act 1995 Part 4: Code of Practice for Schools, TSO.Google Scholar
,Disability Rights Commission (DRC) (2005) The Duty to Promote Disability Equality: Statutory Code of Practice, England and Wales, TSO.Google Scholar
Freeman, M. (2000) ‘The Future of Children's Rights14 Children and Society277.CrossRefGoogle Scholar
Gordon, D.et al. (2000) Disabled Children: a Re-analysis of the OPCS Disability Survey, TSO.Google Scholar
Green, H.et al. (2004) Mental Health of Children and Young People in Great Britain, 2004, Palgrave Macmillan.Google Scholar
,HM Government (2006) Cm 6940 Government Response to the Education and Skills Committee Report on Special Educational Needs (October 2006), TSO.Google Scholar
,HM Treasury (2003) Cm 5860 Every Child Matters, TSO.Google Scholar
,HM Treasury and Department for Education and Skills (DfES) (2007) Aiming High for Disabled Children: Better Support for Families, HM Treasury.Google Scholar
Harris, M. (2001) ‘Education and Local Authorities117 Law Quarterly Review25.Google Scholar
Harris, N. (1997) Special Educational Needs and Access to Justice, Jordans.Google Scholar
Harris, N. (2003) ‘Editorial: Negligence in Education: Where are we?4 Education Law Journal141.Google Scholar
Harris, N. (2007) Education, Law and Diversity, Hart Publishing.Google Scholar
Hay, D. (2005) ‘A Special Case of Negligence?New Law Journal534.Google Scholar
Hodgkin, R. and Newell, P. (2007) Implementation Handbook for the Convention on the Rights of the Child, UNICEF.Google Scholar
,House of Commons Education and Skills Committee (HCESC) (2006a) HC 478-I Special Educational Needs, Third Report of Session 2005–06, Volume I, TSO.Google Scholar
,House of Commons Education and Skills Committee (HCESC) (2006b) HC 478-II Special Educational Needs, Third Report of Session 2005–06, Volume II, TSO.Google Scholar
Jackman, A. (2005) ‘SENDIST – a Hit and Miss Remedy?New Law Journal966.Google Scholar
Jarvis, J. (2007) ‘“Jigsawing it Together”: Reflections on Deaf Pupils and Inclusion’ in Cigman, R. (ed.) Included or Excluded? The Challenge of the Mainstream for some SEN Children, Routledge.Google ScholarPubMed
Jenkinson, J. (1997) Mainstream or Special? Educating Students with Disabilities, Routledge.CrossRefGoogle Scholar
King, M. and King, D. (2006) ‘How the Law Defines the Special Educational Needs of Autistic Children18 Child and Family Law Quarterly23.Google Scholar
Lindsay, G. (2007) ‘Rights, Efficacy and Inclusive Education’ in Cigman, R. (ed.) Included or Excluded? The Challenge of the Mainstream for some SEN Children, Routledge.Google ScholarPubMed
Low, C. (2007) ‘A Defence of Moderate Inclusion and the End of Ideology’ in Cigman, R.Included or Excluded? The Challenge of the Mainstream for some SEN Children, Routledge.Google ScholarPubMed
Lundy, L. (1998) ‘Stating a Case for the “Unstatemented” – Children with Special Educational Needs in Mainstream Schools10 Child and Family Law Quarterly39.Google Scholar
Lunt, I. (2007) ‘The Challenge of Meeting Additional Educational Needs With or Without Statements of Educational Need’ in Cigman, R. (ed.) Included or Excluded? The Challenge of the Mainstream for some SEN Children, Routledge.Google Scholar
MacBeath, J.et al. (2006) The Costs of Inclusion, National Union of Teachers.Google Scholar
Mencap, (2007) Don't Stick it: Stop it!, Mencap.
Mittler, P. (2000) Working Towards Inclusive Education: Social Contexts, David Fulton Publishers.Google Scholar
Moore, C. (2007) ‘Speaking as a Parent: Thoughts about Educational Inclusion for Autistic Children’ in Cigman, R. (ed.) Included or Excluded? The Challenge of the Mainstream for some SEN Children, Routledge.Google ScholarPubMed
Mullis, A. (2001) ‘Phelps and Hillingdon London Borough Council: A Rod for the Hunch-backed Teacher?13 Child and Family Law Quarterly331.Google Scholar
,Office of Public Censuses and Surveys (OPCS) (1989) Surveys of Disability in Great Britain Reports 1–6, HMSO.Google Scholar
,Office for Standards in Education (Ofsted) (2002) HMI 737 LEA Strategy for the Inclusion of Pupils with Special Educational Needs, Ofsted.Google Scholar
Ofsted, (2004) HMI 2276 Special Educational Needs and Disability: Towards Inclusive Schools, Ofsted.Google Scholar
,Office for Standards in Education (Ofsted) (2006) HMI 2535, Inclusion: Does it Matter Where Pupils are Taught? Ofsted.Google Scholar
Oliver, S. (2007) Special Educational Needs and the Law, Jordans.Google Scholar
Paul, A., Cawson, P. and Paton, J. (2004), Safeguarding Disabled Children in Residential Special Schools, NSPCC.Google Scholar
,Prime Minister's Strategy Unit (PMSU) (2005) Improving the Life Chances of Disabled People, Cabinet Office.Google Scholar
Read, J. and Clements, L. (2004) ‘Demonstrably Awful: The Right to Life and the Selective Non-Treatment of Disabled Babies and Young Children31 Journal of Law and Society482.CrossRefGoogle Scholar
Read, J., Clements, L. and Ruebain, D. (2006) Disabled Children and the Law: Research and Good Practice, Jessica Kingsley Publishers.Google Scholar
Ruebain, D. and Wright, J. (2006) ‘Warnock: A Response10 Education, Public Law & the Individual4.Google Scholar
,Special Educational Needs and Disability Tribunal (SENDIST) (2008) Special Educational Needs and Disability Tribunal: President's Annual Report 2006–2007, SENDIST.Google Scholar
Silas, D. and Wolfe, D. (2005) ‘Four Years in the Life of the Special Educational Needs and Disability Act 20016 Education Law Journal82.Google Scholar
Steer, A. (Chairman) (2005) Learning Behaviour: The Report of the Practitioners' Group on School Behaviour and Discipline, DfES.Google Scholar
Stobbs, P. (2008), Extending Inclusion, Council for Disabled Children.Google Scholar
Stout, H. (2007) ‘Comment on A v Hertfordshire County Council [2007]8 Education Law Journal116.Google Scholar
,UNICEF Innocenti Research Centre (2007) Innocenti Digest No 13 Promoting the Rights of Children with Disabilities, UNICEF.Google Scholar
Warnock, H. M., (Chairman) (1978) Cmnd 7212 Special Educational Needs, Report of the Committee of Enquiry into the Education of Handicapped Children and Young People, HMSO.Google Scholar
Warnock, M. (2005) Special Educational Needs: a New Look, No 11 in a series of policy discussions, Philosophy of Education Society of Great Britain.
,Welsh Assembly Government (2008) Voices and Choices: A Proposed Right for Children to Appeal to the Special Educational Needs Tribunal for Wales, Consultation Document No: 051/; 2008, Welsh Assembly Government.Google Scholar
Wilkin, A.et al. (2005) Research Report RR 608 Admissions and Exclusions of Pupils with Special Educational Needs, DfES.Google Scholar
Wing, L. (2007) ‘Children with Autistic Spectrum Disorders’ in Cigman, R.Included or Excluded? The Challenge of the Mainstream for some SEN Children, Routledge.Google ScholarPubMed
Wolfe, D. (2003) ‘Statements of Special Educational Needs – 20 Years on4 Education Law Journal227.Google Scholar
Wright, E. (2007) ‘Autism and Education Law8 Education Law Journal83.Google Scholar

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