III. THE STATUTORY FRAMEWORK
10. The concept of special educational needs was
introduced into education legislation in Northern Ireland by the
Education and Libraries (Northern Ireland) Order 1986. The Order
anticipated that approximately twenty per cent of pupils would
have special educational needs at some stage during their school
career. Of this twenty per cent, the majority (around eighteen
per cent) would expect to have their educational needs met through
the normal resources provided in mainstream schools. The educational
needs of the remaining two per cent or so would be of such proportion
as to require their local Education and Library Board (ELB) to
make special educational provision available for them.[10]
This group of children would have their needs assessed formally
through a statutory assessment procedure and have a statement
issued which identified both their educational needs and the provision
to be made available to meet those needs. The ELB would be under
a statutory obligation to make the provision identified in the
statement. In practice, rather more than 2% of children in Northern
Ireland have such statements.[11]
11. The 1986 Order also promoted integration, that
is, the inclusion of children with statements of special educational
needs in mainstream schools. In practice, most children in Northern
Ireland with statements[12]
are still educated in special schools or in special units attached
to mainstream schools, although a growing minority are educated
in mainstream classrooms.[13]
12. The Education Reform (Northern Ireland) Order
1989 prescribed a Northern Ireland Curriculum (NIC) for all grant-aided
schools. All pupils, including those with special educational
needs, therefore are entitled to receive a broad and balanced
curriculum, relevant to their individual needs.[14]
The same Order introduced Local Management of Schools (LMS), which
has made schools more conscious of funding and their performance
in examinations.
13. To a great extent, practice in Northern Ireland
follows that of the rest of the United Kingdom. In 1992, a report
by the Audit Commission and Her Majesty's Inspectorate of Schools
on the provision made for special educational needs by local education
authorities in England and Wales reflected the increasing concern
on the part of Government, professionals and parents,[15]
about the education of children with special educational needs.
The Government responded with a White Paper and subsequently included
new provisions for pupils in England and Wales with special educational
needs in the Education Act 1993.[16]
14. The Education (Northern Ireland) Order 1996 echoed
many of the main themes addressed in the Education Act 1993 in
relation to England and Wales. The Order was followed by the Education
(Special Educational Needs) (Northern Ireland) Regulations 1997
and a Code of Practice, implemented in September 1998. Together,
these moves are intended to develop the responsibility for special
educational needs at the local school level, to provide for more
coherent planning between schools and Boards in assessment and
provision and to increase parental involvement and enhance parents'
rights.
15. With the coming into effect of the Education
(Northern Ireland) Order in September 1997, there was a statutory
requirement on Boards and schools to draw up and maintain special
educational needs policies. Additionally, more structure and detail
has been required both in statements and annual reviews of statements.
Transition plans for children over 14 with statements of special
educational needs must also now be prepared and parental rights
of appeal have been extended; an independent Tribunal (the SEN
Tribunal) to hear appeals has been established. Furthermore, parents
of children with statements of special educational needs now have
a statutory right to express a preference for a school.[17]
16. In September 1998, the Code of Practice on the
Identification and Assessment of Special Educational Needs[18]
came into effect. This provides guidance on the organisation of
special education needs within mainstream schools. Generally,
the Code of Practice promotes a whole-school approach to special
educational needs, with an emphasis on support in class and inclusion.
It also prescribes an extended and developmental role for the
member of staff within mainstream schools who has responsibility
for children with special educational needs, usually referred
to as the Special Educational Needs Co-ordinator (SENCO). Of particular
significance is a formal five-stage process for identifying and
assessing special education needs, and a statutory 18 week limit
to the statementing procedure.[19]
17. In October 1997, the Government published a Green
Paper[20]
on special educational needs which marked the first step in a
fundamental review of provision in England and Wales. While this
document does not cover Northern Ireland, its key messages may
have some relevance for the special education sector in the province.
The Green Paper reinforces the Government's commitment to children
with special needs and in particular its wish to see more such
children educated in mainstream schools. However, there is an
over-riding concern that proposals in the Green Paper to reduce
the number of statements and make them less detailed in some respects
will, if implemented, weaken children's legal rights to the provision
required to meet their needs.[21]
18. In Northern Ireland, February 1998 saw the launch
of a School Improvement Programme by DENI which has seven separate
but related elements designed to address the key issues faced
by schools. Two of these elements are particularly closely related
to maintaining children with special educational needs in mainstream
schools: the strategy to improve standards in literacy and numeracy
and the strategy for promoting and sustaining good behaviour in
schools.
19. Child care legislation also has implications
for those in the education field. Of particular note is the Children
(Northern Ireland) Order 1995 which is based on the principle
of paramountcy of the child and introduces the legal obligation
for child care authorities to take the child's point of view into
account. This is in contrast to much education legislation which
gives rights and powers to the parents and the school (although
the Code of Practice does refer to the views of the child). The
Children (Northern Ireland) Order 1995 promotes a holistic view
of the needs of the child which requires close co-operation between
Education and Library Boards and Health and Social Services Trusts.[22]
10 This reflects the assumptions made in the Warnock
Report, rather than any statistical classification: see paragraph
20 below. Back
11 See also para. 22 below. Back
12 74% in 1996-97. (Ev. p. 78). Back
13 Ev. p. 78 and 84. Back
14 Parts of the NIC can be modified or disapplied in the statement
(Article 16 of the 1989 Order). In very limited circumstances,
Principals may direct that the NIC should either apply with modifications,
or be disapplied: see the Education (Curriculum) (Temporary Exemptions)
Regulations (Northern Ireland) 1990 and the Code of Practice,
para. 2.73. Back
15 "Getting in on the Act". Back
16 Now consolidated in the Education Act 1996. Back
17 For a summary of the key provisions, see Ev. p. 82. Back
18 Referred to in this Report as "the Code of Practice". Back
19 To the issue of a draft statement, or a decision not to issue
a statement. Back
20 "Excellence for All Children", Cm. 3785. Back
21 Particular concern has been expressed about proposals to reduce
the number of statements and to make them less detailed. (See,
for example, "Rights at Risk": the response of IPSEA
to the Green Paper.) Back
22 See also Ev. p. 126. Back
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