Policy Press
2 Continuity and tensions between the SEND framework and disability rights legislation in recent legislative reforms
Abstract
This chapter explores the ongoing continuity and tensions between the Special Educational Needs and Disability (SEND) framework and disability rights legislation within recent legislative reforms in the UK. The analysis traces the historical evolution of the SEND framework since the Warnock Report (1978) and its intersection with disability rights, particularly following the introduction of the Special Educational Needs and Disability Act (2001), Disability Discrimination Act (2005), and the Equality Act (2010). Despite efforts to integrate these frameworks, significant discontinuities persist, complicating the provision of services to children and young people with SEND. The Children and Families Act 2014 and the Code of Practice 2015 aimed to merge rights provisions with the SEND framework but have not fully addressed underlying contradictions. The chapter concludes by highlighting the need for coherent policy strategies to reconcile these frameworks and move towards a more rights-based approach to improve outcomes for all children with SEND.
Abstract
This chapter explores the ongoing continuity and tensions between the Special Educational Needs and Disability (SEND) framework and disability rights legislation within recent legislative reforms in the UK. The analysis traces the historical evolution of the SEND framework since the Warnock Report (1978) and its intersection with disability rights, particularly following the introduction of the Special Educational Needs and Disability Act (2001), Disability Discrimination Act (2005), and the Equality Act (2010). Despite efforts to integrate these frameworks, significant discontinuities persist, complicating the provision of services to children and young people with SEND. The Children and Families Act 2014 and the Code of Practice 2015 aimed to merge rights provisions with the SEND framework but have not fully addressed underlying contradictions. The chapter concludes by highlighting the need for coherent policy strategies to reconcile these frameworks and move towards a more rights-based approach to improve outcomes for all children with SEND.
Chapters in this book
- Front Matter i
- Contents iii
- List of figures and tables iv
- Notes on contributors v
- Foreword ix
- Foreword xi
- Foreword xiii
- Introduction 1
- Disability and education in historical perspective 6
- Continuity and tensions between the SEND framework and disability rights legislation in recent legislative reforms 20
- Multi-agency working and children and young people with disabilities: from ‘what works’ to ‘active becoming’ 51
- Disabled students in higher education: what progress has been made over the last 30 years? 74
- Meeting the standard but failing the test: the case of children and young people with sensory impairments and access to assessments and qualifications 94
- Exploring the intersection of race and disability in English schools 107
- The hidden world of within-school exclusion 119
- Social, emotional and mental health needs in educational settings: putting wellbeing into socio-relational context 142
- Conclusion 154
- Index 157
Chapters in this book
- Front Matter i
- Contents iii
- List of figures and tables iv
- Notes on contributors v
- Foreword ix
- Foreword xi
- Foreword xiii
- Introduction 1
- Disability and education in historical perspective 6
- Continuity and tensions between the SEND framework and disability rights legislation in recent legislative reforms 20
- Multi-agency working and children and young people with disabilities: from ‘what works’ to ‘active becoming’ 51
- Disabled students in higher education: what progress has been made over the last 30 years? 74
- Meeting the standard but failing the test: the case of children and young people with sensory impairments and access to assessments and qualifications 94
- Exploring the intersection of race and disability in English schools 107
- The hidden world of within-school exclusion 119
- Social, emotional and mental health needs in educational settings: putting wellbeing into socio-relational context 142
- Conclusion 154
- Index 157
