The Education Act 1996 requires that LAs: * To identify children with special educational needs; * where necessary, make an assessment of those needs, taking account of educational, medical, psychological and other factors; * Where necessary, make a formal statement of those needs and specify the provision which should be made to meet them.
LAs must draw up and publish a special educational needs policy, which should show how all pupils with special educational needs can have access to the National Curriculum. They must also publish a Behaviour Support Plan – a statement of their provision for pupils with behaviour difficulties
They have a qualified duty to place pupils with special educational needs in mainstream schools, alongside pupils of the same age without such needs where parents want this. The qualifications for mainstream placement are: * that the child receives the special educational provision required by his/her learning difficulty; * that it is compatible with the provision of efficient education for the children with whom s/he will be educated; and * That there is an efficient use of resources.
Under the Act, state schools must also do their best to make the provision a child’s learning difficulties call for. They must also publish information about their special educational needs provision.
Under the terms of the School Standards and Framework Act 1998, LAs have to ensure early years provision to meet the needs of all children in the area from the age of 3. LAs have Early Years Development and Childcare Partnerships to oversee provision and provide information to parents. All children with special educational needs are included in these arrangements
The Education Act 1996 places a number of legal duties on schools and local authorities. For example: schools are placed under a legal duty to use their best endeavours to meet special educational needs; local authorities are placed under a legal duty to undertake a statutory assessment of a child where the school cannot meet their needs, and if necessary make a statement of SEN. The SEN Code of Practice summarises the law and describes how schools and local 2. Protecting children from abuse: The role of the education service provides advice on action that should be taken within the education service to enable cases of suspected or identified child abuse to be properly considered and pursued. In addition to this general statutory duty, schools have a responsibility toward their pupils. Every school and college should … develop a child protection policy which reflects its statutory duties and responsibilities and refers to the procedures to be followed.The key element in ensuring that proper procedures are followed in schools is that the head teacher or another senior member of staff is designated as having responsibility for liaising with the local social services department and other agencies over cases of abuse'.
In all cases where abuse is suspected or a sustainable allegation is made, teachers and other members of staff should report the information to the designated teacher. The designated teacher should refer these cases to, or discuss them with, the investigating agencies according to the procedures established by the local Area Child Protection Committee and, in the case of LEA-maintained schools, by the LEA.
The Education Act 2002 received Royal Assent on 24 July 2002. An amendment…