Education is critical to creating opportunities for children with learning disabilities, and the right support and environment can make all the difference. Act provides children with learning disabilities with the right to be educated in a mainstream school although there are some specific exceptions and the education system in Scotland is structured around this concept of inclusive education. Over subsequent years, there has been a progressive increase in the recognition of the rights of all pupils to have fair access to education.
Section 7 of the Commissioner for Children and Young People Scotland Actas amendedallows the Commissioner to conduct investigations into: The existence and adequacy of policies and guidance. The extent to which incidents are recorded and reported at local authority level.
The investigation was undertaken from an international law perspective — primarily the UN Convention on the Rights of the Child. But what does Scots law have to say on these thorny issues?
Crime and Punishment We start with a history lesson. Following the Scottish case of Campbell and Cosans v. The UK and Scottish Governments have subsequently taken various steps to eliminate the use of corporal punishment from schools.
Act imposes a ban on the use of corporal punishment, by removing any such defence in relation to the crime of assault. So far, so good. The legislation then goes on to say that anything done for reasons which include averting: That is basically all the law has to say about physical intervention in schools, which is to say almost nothing.
But actions taken to prevent injury to people or damage to property are not corporal punishment. Which is relevant because they can amount to a defence to a charge of assault. The law here is essentially a reminder that there is a defence of self-defence or defence of other people — or property in some circumstances.
This is subject to all of the usual criminal law rules about taking an opportunity to retreat where available, and ensuring that the level of force used was proportionate. And of course criminal law approaches to this issue mean that a criminal standard of proof applies to any prosecution i.
The use of restraint or seclusion in schools, perhaps as a result, is not often considered by the courts or other legal fora. Administrative and Policy One example relatively recently determined by the Scottish Public Services Ombudsman was Case The Moray Council which is a bit of mixed bag in terms of outcome.
However, the policy had a clear emphasis on avoiding or de-escalating a potential incident — and that staff did not act reasonably in line with their policy to stop the incident taking place. There is a mixed message here. The Ombudsman also found that there had been a failure to document whether the child had sustained any injury following the incident, even though this was required by their own policy.
The Council were asked to provide evidence of the further training for staff which had taken place, and to apologise to the child and her mother. There have also been a few unreported cases on this subject by the A dditional Support Needs Tribunals in cases brought in terms of the Equality Act Again, in this context the use or failure to use of the correct paperwork has been of significance.
There was no proper record of the use of these seclusions kept at any time by the school. Whilst the [education authority] has since devised a new policy which requires that seclusion is a risk-assessed, personalised, reported, recorded and reviewed strategy this policy was not in place when the child was secluded.
The Tribunal were unable to conclude upon what basis the seclusion was used as there are no records of its use, purpose or outcome in respect of it being used for the Child.
In the absence of these safeguards the [education authority] were unable to demonstrate to the Tribunal that the use of seclusion could be justified as proportionate to a legitimate aim in these circumstances.
That is all quite legalese, but what it is basically saying is that without the proper planning, policy and records, it will be difficult to persuade a Tribunal that the use of seclusion on disabled children has been lawful.
Overall, there are some small encouraging signs, but this is set against the backdrop of a system educational, legal and political which gives every appearance of valuing teachers above children.
Employees and Employments For example, the case of Porter v.Plan International presents their State of the World's Girls report: Learning for Life.
This report sets out the latest research on the importance of extended quality education for girls in low and middle income countries. Constitutionalism and Legislation in Special Educational Needs Law: An Anglo-Irish Perspective children with special educational needs.
In considering this topic, reference will be made to the. An IEP or Individual Education Plan is a plan or programme designed for children with SEN to help them to get the most out of their education.
An IEP builds on the curriculum that a child with learning difficulties or disabilities is following and sets out the strategies being used to meet that child’s specific needs.
The Additional Support Needs Blog. notes on the law relating to additional support in Scotland. Menu. Search. “Disabled pupils have exactly the same curriculum entitlements as their non-disabled peers.” Support and empower children, young people and all those involved in .
An IEP or Individual Education Plan is a plan or programme designed for children with SEN to help them to get the most out of their education. The IEP is not a legal document, For further information about IEP - Individual Education Plan's click here to visit our Pinterest board.
It was set up by Everton In The Community, the charitable arm of Everton Football Club and the school uses sport to encourage young people to reconnect with education.