SEN Inclusion

WHAT IS INCLUSION?

The principle of Inclusion is that children with Special Educational Needs (SEN) or a Disability have the right to be educated in Mainstream Schools alongside other children from their community rather than being educated in Special Schools.

Although it has now become a part of our Education Law, it has involved a long and often hard-fought campaign by Parents and Education and Disability organisations which has led to the development of specific SEN Legislation.

CHANGES TO THE LAW

After the implementation of the Special Educational Needs & Disability Act (SENDA) 2001, the law was amended (by insertion of a new s.316/316A into the Education Act 1996). to require LEAs to place children with SEN in mainstream schools not only where it will be compatible with efficient education and the efficient use of resources but to say that they must be educated in a mainstream school unless it is incompatible with efficient education and the wishes of their parent.

Therefore an LEA can no longer rely on a mainstream placement as being an inefficient use of their resources. They can only reject a mainstream placement if they can show that there are no “reasonable steps that it or another authority could take (in relation to the school) to prevent that incompatibility”.

THE STATISTICS

According to the Department for Education and Skills (DfES), about 3/5 of children with Statements of SEN are currently placed in Maintained (i.e. State) Mainstream Schools. However, whilst the number of pupils with Statements of SEN continues to increase, the number of children for whom a Statement is issued for the first time is slowly decreasing.

The number of pupils in Special Schools has remained fairly constant but the number of pupils in Mainstream Maintained schools has increased sharply with over 75% of children with statements of SEN for the first time being placed in Mainstream schools now.

THE PROBLEM

But sometimes it can also be a postcode lottery. Whilst school and LEA policies are key factors, so too are parental means and attitude. For example, many parents feel that it is only through their being assertive in pursuing a Mainstream placement that they have been able to win one for their child. But this begs the question as to what happens to those others who are unable to or who do not know how to fight.

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Although the information we have provided here is meant to be helpful to you, Douglas Silas Solicitors cannot be held responsible for any damage or loss caused by any inaccuracy or reliance placed upon it. If you have any concerns about your child, you should seek professional educational or healthcare advice as soon as possible.