Key messages and duties
Awareness
- there needs to be more awareness about disability, equality and diversity in both educational settings and the wider community
- young people want to feel that staff and other students don't see their disability first
- most educational settings have inclusive cultures, policies and practices but some need to be more inclusive
Inclusion
- children and young people with SEND want to have more of a voice in consultation groups such as school councils
- children and young people with SEND want to know who they can turn to if they experience bullying in an educational setting
- transport arrangements need to help with increasing participation
Curriculum Access
- all staff need to know about, understand and act on the additional needs of children and young people with SEND
- children and young people with SEND should be fully included in all curriculum areas including physical education
- children and young people with SEND should be able to participate fully in the enrichment curriculum
Physical Access
- although almost all educational settings are physically accessible, settings should ensure that accessibility is not compromised, such as using rooms/facilities for another purpose
- the need for physical accessibility must be anticipated as far as possible
Information and Advice
- information for parent carers and young people should be written and made available with everyone's needs in mind, taking into account barriers such as SEND and language
Duties
Local authority accessibility strategies and school accessibility plans are a requirement of Schedule 10 of the Equality Act 2010. As well as general duties for public bodies, the Equality Act states specific duties, mainly:
- not to treat pupils with SEND less favourably
- to undertake reasonable steps to avoid putting pupils with SEND at a substantial disadvantage
The SEND Code of Practice 0 to 25 promotes inclusive education and describes how the Equality Act and the Children and Families Act 2014 work together to ensure this:
- the Children and Families Act 2014 secures the general presumption in law of mainstream education in relation to decisions about where children and young people with SEN should be educated and the Equality Act 2010 provides protection from discrimination for disabled people
- putting children/young people and their families at the centre is a key message of the SEND Code of Practice 0 to 25 and is at the heart of the local authority's strategic planning
- local authorities must ensure the participation of children, their parents and young people in decision-making
More information on the legislative context can be found in Appendix 1.