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Improving Our Schools: Responses to the Riddell Report

C: The Legislative Framework

The consultation exercise revealed a broad welcome for Scottish Ministers' proposal to amend legislation to require education authorities to provide for children who are unable to attend school because of ill-health. An appropriate amendment was included in the Standards in Scotland's Schools, Etc. Bill. There was disappointment, however, that the Ministerial response to the Riddell report suggested that there was no need to review the general legislative framework on special educational needs.

Several respondents expressed a view that existing special educational needs legislation is based on an out-dated deficit model and that it does not reflect the more recent children's rights model as set out in the Children Scotland Act 1995. Concerns over a possible conflict between this children's rights model and the Education Act (Scotland) 1980 also surfaced in the recent consultation exercise on the draft Education Bill which recently completed its passage through the Scottish Parliament. Scottish Ministers listened to these concerns and sought to reflect a children's rights model by including within the Education Bill a specific right for every child of school age to be provided with school education by a local authority.

This right is supported by a further two new duties. One requires local authorities to provide education directed to the development of the personality, talents and mental and physical abilities of pupils to their fullest potential. The other requires education for all children to be provided in mainstream schooling, subject to this being appropriate to the needs of the child; compatible with the education of the wider class or group; and not incurring unreasonable cost. Ministers have made it clear that they consider inclusion in mainstream can be accomplished in all but the most exceptional circumstances

There was particular concern expressed during consultation on the Riddell Report that the Records of Needs process should be reviewed. Views were expressed by a number of local authorities and professionals that the current process is too cumbersome, time-consuming and discriminatory in practice. Parents expressed concerns over the time taken to open Records, variations in recording rates, and the lack of statutory appeal rights over provision to meet children's needs. Ministers have noted these concerns and have agreed that the Records of Needs process should be reviewed.

Disability Discrimination

In December 1997 the UK Government established a Disability Rights Task Force "to consider how best to secure comprehensive, enforceable civil rights for disabled people within the context of our wider society". The Task Force's remit covered school education, youth services and further and higher education (including adult education), vocational training and qualifications.

The Task Force took the view that there should be an overarching principle that disabled children have a right not to be discriminated against in school education and recommended that new duties should be placed on all providers of school education not to discriminate, "without justification", against disabled children on the grounds of their disability.

Legislation on disability matters is reserved to the UK Parliament and the UK Disability Rights in Education Bill will take forward the Task Force's education recommendations. Consultation on proposals for the Bill was conducted in Scotland by the Scottish Sensory Centre on behalf of the Department for Education and Employment (DfEE). Officials in the Scottish Executive Education Department are liaising closely with officials in the DfEE to ensure that Scottish interests are fully addressed, as the draft Bill is prepared.

The Bill will be introduced in Westminster and will apply new duties in Scotland to education authorities, grant-aided and independent schools. It will place duties on education providers not to discriminate unfairly against children and students with disabilities; to make reasonable adjustments to policies and premises where existing arrangements discriminate against such children and students; and to provide appropriate alternatives where such changes are not possible.

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