A Manual Of Good Practice In Special Educational Needs

Manual of Professional Practice in Meeting Special Educational Needs

PART 1 SPECIAL EDUCATIONAL NEEDS IN SCOTLAND: POLICY AND LEGISLATION

1. The Policy Framework
2. The Legal Framework
3. International Statements on Inclusion
4. Involving Children, Young Persons and Parents
5. Effective Provision for Special Educational Needs (EPSEN)

1. Policy Framework

The discussion paper entitled Special Educational Needs in Scotland, (The Scottish Office,1998), sets out the national policy framework for the development of provision for special educational needs in Scotland, as follows:

The Government is committed to developing a more inclusive society where every person has the opportunity to develop their skills and to participate in society to the fullest possible extent This commitment applies fully to children with special educational needs

An inclusive society must ensure that the potential of each individual is fully developed through education and that their attainment and achievement are valued and respected. It is on the realisation of this potential that inclusiveness depends; an inclusive society and education system will therefore strive to ensure that it creates the range of approaches and opportunities to ensure that this is brought about

The Government will act to develop and strengthen a policy framework which:

• places the child's educational needs at the centre of education policy and decision making;

• ensures that special educational needs are routinely taken into account when framing and implementing educational policies;

• develops the earliest practicable assessment of the educational needs of every child;

• encourages the earliest practicable identification of special educational needs;

• promotes the earliest practicable intervention to tackle the needs identified;

• supports diversity of pro vision consistent with the diverse needs of the individual child;

• encourages and furthers the role of parents;

• places continuing and increasing priority on the development and training of staff working with children with special educational needs;

• ensures that every education authority prepares, publishes and makes readily available in consultation with relevant interests in this area, a full policy on special educational needs.

2. The Legal Framework

The issue of the rights of children and the responsibilities of adults and public organisations to care for and protect them is now a central concern in the formulation of social policy and of professional practice at international level. The United Nations (UN) Convention on the Rights of the Child (1989) has set standards which national states are obliged to meet. The UK government has ratified the Convention and thereby committed itself to full implementation; it should be noted that ratification, in itself, has no legal force as the obligations are not incorporated into the domestic legal system. The sole 'enforcement' is through the requirement of states to submit regular reports to the UN Committee on the Rights of the Child. Nevertheless, the Convention and other UN declarations on human rights have influenced the formulation of UK law relating to children and families (e.g. the Children (Scotland) Act, 1995) and related anti-discrimination legislation: the Disability Discrimination Act, 1995; the Sex Discrimination Act, 1975; and the Race Relations Act, 1976.

It is therefore essential that all those working with children have an understanding of this legal context and give serious consideration to the ways in which children and young people can be consulted about, and involved in, matters concerning their lives.

This section of the Manual provides a summary of the key elements of legislation which have specific implications for the care and education of children and young persons with special educational needs. The rights and needs of this group should be regarded as part of an inclusive strategy which takes account of the rights and needs of all children and families.

The Education (Scotland) Act 1980

This Act, which has been heavily amended over the years, is the basic piece of law relating to school education in Scotland. It contains the statement of the main duties of local authorities and parents in relation to the education of children, including assessment of, and provision for, children with special educational needs. It refers to Records of Needs and the various related appeals and procedures.

Key duties

• Education authorities have a duty to secure adequate and efficient provision of education for their area. This must include adequate and efficient provision for special educational needs.

• Education authorities must establish which children belonging to their area, who are 2 years of age or over but under school leaving age (basically age 16), have pronounced, specific or complex special educational needs which require continuing review. They must open and keep a Record of Needs for any such child who, following assessment, is found to have such needs.

• Parents have a duty under the Act to ensure that their children of school age (basically between the ages of 5 and 16) receive efficient education suitable for their age, abilities and aptitude, either by sending them to a school under the management of an education authority or by other means.

Definitions in the Act

Children and young persons have special educational needs if they have a learning difficulty which calls for provision for special educational needs to be made for them.

Learning difficulty is said to be present if a child or young person:

a) has significantly greater difficulty in learning than the majority of those of his age; or

b) suffers from a disability which either prevents or hinders him from making effective use of educational facilities of a kind generally provided in schools managed by his local authority; or

c) who is under the age of five years and is, or would be if special provision were not made for him, be likely, when over that age, to have a learning difficulty as defined above.

For the purposes of the Act, children and young persons are not regarded as having a learning difficulty solely because the language in which they are taught is different from that which has, at any time, been spoken in their home.

Provision for special educational needs means, in relation to a child of school age or a young person receiving school education, educational provision which is additional to or otherwise different from that generally made for children of the same age in schools managed by the local authority for the area concerned. In relation to children who have not yet attained school age, it means educational provision as appropriate to their needs.

The UN Convention on the Rights of the Child (1989)

Key principles

The Convention recalls the basic principles of the UN and specific provisions of certain relevant human rights treaties and proclamations, reaffirms the fact that children, because of their vulnerability, need special care and protection; and places special emphasis on the primary caring and protective responsibility of the family, the needs for legal and other protection of the child before and after birth, the importance of respect for the cultural values of the child's community, and the vital role of international co-operation in achieving the realisation of children's rights.

• A child is defined as all persons under 18, unless by law majority is attained at an earlier age [Article 1]

• All rights apply to all children without exception. The State has an obligation to protect all children from any form of discrimination, must not violate any right specified in the Convention and must take positive action to promote them all [Art.2]

• All actions concerning the child should take full account of his or her best interests. The State must provide adequate protection and care, taking account of the rights and duties of parents and others who have a legal responsibility for the child, when parents or others responsible fail to do so [Art.3]

Children's rights

• Survival, nationality and identity: to life, nationality, name and family roots [Articles 6-8]

• Family links: to maintain relations with both parents [Arts. 9-11]

• Child's opinion: to express an opinion, if capable of forming an opinion, and to have due weight given to that opinion, in any matter or procedure affecting the child [Art. 12]

• Freedom of expression, thought, conscience, religion, association and privacy:

• to seek information, to express views, ideas, and beliefs; to associate with others and to be protected from arbitrary and unlawful interference with privacy; to confidentiality, unless this would violate the rights of others [Arts. 13-17]

• Personal security: to be protected from all forms of maltreatment perpetrated by parents or others responsible for their care [Arts.19-20]

• Adoption: the system of adoption should ensure that the best interests of the child are paramount [Art. 21]

• Refugee child: to protection and humanitarian assistance [Art. 22]

• Disabled child: to special care, education and training designed to help them to achieve greatest possible self-reliance to lead a full and active adult life [Art. 23]

• Health and health-care: access to health and medical services [Art. 24]

• Placement: to have decisions about placement for reasons of care, protection or treatment reviewed regularly [Art. 25]

• Social security and standard of living: to economic and social well-being [Arts. 26-27]

• Education, leisure, recreation and culture: to education, leisure and cultural activities on the basis of equal opportunity [Arts. 28,29, 31]

• Ethnic, religious and linguistic minorities: to enjoy his or her own culture and to practice his or her religion and language [Art. 30]

• Exploitation, abuse, torture and loss of liberty: to protection against economic, sexual and other exploitation and abuse, capital punishment, life imprisonment without possibility of release and unlawful imprisonment [Arts. 32-37]

• Armed conflict and rehabilitation: to protection against hostilities, recruitment into armed forces if under 15 years of age, and treatment towards recovery and social reintegration [Arts. 38-39]

• Juvenile justice: to a fair system of justice appropriate to the child's human rights [Arts. 40-41]

Parental responsibilities

• Both parents have joint responsibility for bringing up their children [Art. 18]

• To provide children with appropriate direction and guidance [Art. 5]

Responsibilities of the Member States

• It is each State's responsibility to translate the rights in the Convention into reality [Articles 4 and 42-54]

• The State has a duty to respect the duties, rights and responsibilities of parents, including the wider family, and to provide guidance appropriate to the child's evolving capacities [Article 5]

The Children (Scotland) Act 1995

The Children (Scotland) Act 1995 is seen by the Government as fulfilling its obligations to implement the UN Convention on the Rights of the Child and its obligations under the European Convention on Human Rights. It came into force in April 1997 and local authorities have prepared Children's Services Plans as from April 1998. The Act has far-reaching consequences for the planning, structure and quality of services offered to children and for the practices of professionals concerned.

Key principles

The Act represents a fundamental shift in emphasis from the traditional view of parents having rights over children to the principle that parents have responsibilities towards their children and the rights which they have in relation to their children exist to enable them to fulfil these responsibilities. The Act has three overarching principles, the first two of which are of particular relevance in the context of education:

• The welfare of the child should be the paramount consideration in making decisions affecting the child.

• Due regard should be given to children's views, so far as practicable and subject to their age and maturity. Children aged 12 and older are generally presumed to have sufficient age and maturity to express a view, if they wish to do so.

• In relation to the provision of services for children by local authorities, due regard should be given, without discrimination, to a child's religious persuasion, racial origin and cultural and linguistic background.

Definition of key terms

In relation to the duties of local authorities to provide support and services for children under the Children (Scotland) Act 1995, and for most purposes in relation to parental responsibilities, a child is someone under the age of 18, but a child will normally attain full legal capacity at the age of 16.

The mother of a child has parental responsibilities automatically, but the father will have parental responsibilities only if he is married to the child's mother at the time of conception or subsequently, or if he acquires responsibilities and rights by means of a formal agreement with the mother, or by a court order. Other people, such as grandparents, could also acquire parental responsibilities by court order. In addition, anyone over 16 who has care or control of a child under that age has a duty to safeguard the child's health, development and welfare, and in this context may give consent to medical treatment if a child cannot do so himself or herself. This does not affect the powers and duties of teachers and other school staff, which are still regulated by the Education (Scotland) Act 1980.

A child is in need of care and attention if s/he is unlikely to achieve or maintain, or to have opportunity of achieving or maintaining, a reasonable standard of health or development unless services are provided for him/her under or by the local authority; his/her health or development is likely significantly to be impaired, or further impaired, unless such services are provided; or, s/he is disabled or is affected adversely by the disability of any other person in the family.

The expression looked after by a local authority replaces the current term in care (in Circular 4/96) and includes children provided with accommodation by local authorities, children who are under a supervision requirement, or children who are subject to one of a number of Orders made under the 1995 Act.

The expression compulsory measures of care has been amended to compulsory measures of supervision.

Duties of the Local Authority

The Local Authority has a range of duties which are outlined in Scotland's Children: a brief guide to the Children (Scotland) Act 1995.Local Authority means the Council as a whole, not just the education or social work department, and the Council is expected to adopt a corporate approach, based on collaboration and co-operation within and between authority services. Listed below are those duties which are of particular relevance in the context of this Manual. The Local Authority:

• is required to safeguard and promote the welfare of children in their area who are in need; and, so far as is consistent with its duty, to promote the upbringing of such children by their families, by providing a range and level of services appropriate to the children's needs;

• is required to prepare, consult upon, publish and review Children's Services Plans, and to provide information about children's services. It is also expected to consult with voluntary organisations representing the interests of service users, which will include those representing children and their families;

• has a duty to provide services for children affected by their own or another person's disability, to design such services so as to minimise the effect of the disability, and to give such children the opportunity to lead lives which are as normal as possible. This is a particularly important duty in the context of inclusion;

• must provide day care for children in need, aged 5 or less, and after-school care and holiday care for children in need. It may also make such provision for children who are not in need; and

• must provide accommodation for children in need of such accommodation.

The education authority has a duty to safeguard and promote the welfare of children in residential accommodation. The powers of inspection by HM Inspectors of Schools are extended to include the welfare of residential pupils.

Guidance contained in Circular 4/96

Definitions

As a rule of thumb, it should be assumed that children or young persons have a learning difficulty if additional arrangements need to be made to enable them properly to access the curriculum.

The needs of very able pupils are not specifically referred to in the legislation. Giftedness is not, therefore, of itself, regarded as giving rise to special educational needs as defined in the Act However, more able pupils may nevertheless experience learning difficulties of a temporary or continuing nature which give rise to special educational needs. In such cases, the duties of education authorities in relation to such pupils, and the rights of these children and young persons will, so far as the provision of special educational needs is concerned, be as described in this Circular and may include the possibility of recording [paragraph 10]

Details of the duties of local authorities in relation to special educational needs, the rights and responsibilities of parents and the arrangements for school placement are detailed in Circular 4/96. It is important that professionals with designated responsibility for special educational needs have knowledge of the full range of duties and relevant procedures described in the Circular.

3. International Statements on Inclusion

There has been a growing international movement calling for inclusive schools which welcome all children, whatever their needs and abilities. The case for inclusion is based on the principle of human rights which is enshrined in the UN Declaration on Human Rights (1948) and the UN Convention on the Rights of the Child (1989). The idea that children have special needs has given way to the conviction that children have rights, the same full spectrum of rights as adults: civil and political, cultural and economic (Ref: The State of the World's Children, UNICEF 1997).

In the field of education, there are two major international initiatives which are likely to have a continuing impact on policy and practice of education for children and young persons with special educational needs. The key features of each and the implications of both are summarised below.

The Salamanca Statement and Framework for Action on Special Needs Education (Paris: UNESCO,1994)

This report from the UN's education agency calls on the international community to endorse the approach of inclusive schools by implementing practical and strategic changes.

The Statement begins with a commitment to Education for All, says that children with special educational needs must have access to regular schools and adds:

Regular schools with this inclusive orientation are the most effective means of combating discriminatory attitudes, creating welcoming communities, building an inclusive society and achieving education for all; moreover, they provide an effective education to the majority of children and improve the efficiency and ultimately the cost-effectiveness of the entire education system.

In its Framework for Action, it says inclusion and participation are essential to human dignity and the enjoyment and exercise of human rights and that in the field of education, this is reflected in bringing about a genuine equalisation of opportunity Special needs education incorporates proven methods of teaching from which all children can benefit; it assumes human differences are normal and that learning must be adapted to the needs of the child, rather than the child fitted into the process. The fundamental principle of the inclusive school, it adds, is that all children should learn together, where possible, and that ordinary schools must recognise and respond to the diverse needs of their students, while also having a continuum of support and services to match these needs. Inclusive schools are the most effective at building solidarity between children with special needs and their peers.

The Statement stresses the benefits of the involvement of the wider community in the development of policy and provision, as outlined below.

Community Perspectives [para 58]

Realising the goal of successful education of children with special educational needs is not the task of the Ministries of Education and schools alone. It requires the co-operation of families, and the mobilisation of the community and voluntary organisations as well as the support of the public-at-large.

Experience from countries or areas that have witnessed progress in equalising educational opportunities for children and youth with special educational needs suggests several useful lessons.

Parent partnership [para 59-62]

The education of children with special educational needs is a shared task of parents and professionals. A positive attitude on the part of parents favours school and social integration. Parents need support in order to assume the role of a parent of a child with special needs. The role of families and parents could be enhanced by the provision of necessary information in simple and clear language; addressing the needs for information and training in parenting skills is a particularly important task in cultural environments where there is little tradition of schooling. Both parents and teachers may need support and encouragement in learning to work together as equal partners.

Parents are privileged partners as regards the special educational needs of their child, and to that extent possible should be accorded the choice in the type of education provision they desire for their child.

A co-operative, supportive partnership between school administrators, teachers and parents should be developed and parents regarded as active partners in decision-making. Parents should be encouraged to participate in educational activities at home and at school (where they could observe effective techniques and learn how to organise extracurricular activities), as well as in the supervision and support of their children's learning.

Governments should take a lead in promoting parental partnership, through both statements of policy and legislation concerning parental rights. The development of parents' associations should be promoted and their representatives involved in the design and implementation of programmes intended to enhance the education of their children. Organisations of people with disabilities should also be consulted concerning the design and implementation of programmes.

Role of voluntary organisations [para 66-67]

As voluntary associations and national non-governmental organisations have more freedom to act and can respond more readily to expressed needs, they should be supported in developing new ideas and pioneering innovative delivery methods. They can play the roles of innovator and catalyst and extend the range of programmes available to the community

Organisations of people with disabilities, i.e. those in which they themselves have the decisive influence, should be invited to take an active part in identifying needs, expressing views on priorities, administering services, evaluating performance and advocating change.

The UN Standard Rules on the Equalisation of Opportunities for Persons with Disabilities (United Nations: NY, 1993)

The 22 Standard Rules set an international standard for policy-making and action covering disabled persons. Two of the rules are of particular interest to the concerns of the Manual and are quoted below.

Rule 5: Accessibility

States should (a) introduce programmes of action to make the physical environment accessible; and (b) undertake measures to provide access to information and communication.

The first of these fields of action, access to the physical environment, has four components:

1 development of standards, guidelines and, where appropriate, legislation for access to housing, buildings, transport, streets and other outdoor environments;

2 information for architects, engineers and other design professionals on access policy and suitable measures to ensure access;

3 incorporation of accessibility requirements in design and construction from the beginning of the design process;

4 consultation with disability organisations when developing norms and standards, and local involvement of these organisations in public construction projects.

The second field of action, access to information and communication, has seven components:

1 provision of accessible information for disabled people (and their families) on diagnosis, rights, services and programmes;

2 development of programmes using appropriate technologies to make information and documentation available to people with visual impairments, auditory impairments and communication difficulties;

3 use of sign language in the education of deaf children and use of sign language interpreting services generally;

4 consideration for the needs of people with other communication disabilities;

5 accessible media, especially television, radio and newspapers;

6 accessible computerised information and service systems;

7 consultation with disability organisations when making information services accessible.

Rule 6: Education

States should recognise the principle of equal primary, secondary and tertiary educational opportunities for children, youth and adults with disabilities, in integrated settings. They should ensure that the education of persons with disabilities is an integral part of the educational system.

1 General educational authorities are responsible for the education of persons with disabilities in integrated settings. Education for persons with disabilities should form an integral part of national educational planning, curriculum development and school organisation.

2 Education in mainstream schools presupposes the provision of interpreter and other appropriate support services. Adequate accessibility and support services, designed to meet the needs of persons with different disabilities, should be provided.

3 Parent groups and organisations of persons with disabilities should be involved in the education process at all levels.

4 In States where education is compulsory it should be provided to girls and boys with all kinds and all levels of disabilities, including the most severe.

5 Special attention should be given in the following areas:

(a) Very young children with disabilities;

(b) Pre-school children with disabilities;

(c) Adults with disabilities, particularly women.

6 To accommodate educational provisions for persons with disabilities in the mainstream, States should:

(a) Have a clearly stated policy understood and accepted at the school level and by the wider community;

(b) Allow for curriculum flexibility addition and adaptation;

(c) Provide for quality materials, on-going teacher training and support teachers.

7 Integrated education and community-based programmes should be seen as complementary approaches in providing cost-effective education and training for persons with disabilities. National community-based programmes should encourage communities to use and develop their resources to provide local education to persons with disabilities.

8 In situations where the general school system does not yet adequately meet the needs of all persons with disabilities, special education may be considered. It should be aimed at preparing students for education in the general school system. The quality of such education should reflect the same standards and ambitions as general education and should be closely linked to it. At a minimum, students with disabilities should be afforded the same portion of educational resources as students without disabilities. States should aim for the gradual integration of special education services into mainstream education. It is acknowledged that in some instances special education may currently be considered to be the most appropriate form of education for some students with disabilities.

9 Owing to the particular communication needs of deaf and deaf/blind persons, their education may be more suitably provided in schools for such persons or special classes and units in mainstream schools. At the initial stage, in particular, special attention needs to be focused on culturally sensitive instruction that will result in effective communication skills and maximum independence for people who are deaf or deaf/blind.

Working towards inclusive education

How might local authorities, schools and support services respond to the strong and ever-increasing pressure for the social inclusion of all children and young persons, including those with special educational needs?

The first challenge for professionals in local authorities, schools and support services is to be clear about what they mean by their use of the term inclusive education. As illustrated in the Salamanca Statement and UN Standard Rules, above, the term inclusion is increasingly used to describe ongoing attempts of organisations to move away from systems, policies and procedures which exclude or marginalise people with disabilities/special educational needs and other disadvantaged groups in society. This pressure for change calls on all institutions and professionals to develop positive attitudes to ensure that children and young persons with special educational needs are treated as equal to their peers, to offer them equal opportunities and resources and to enable them to achieve their aspirations in life. A first step is to engage in genuine dialogue with the children and young persons concerned, and their parents, to arrive at a common understanding as a basis for policy and action.

The second challenge is to develop practical strategies to facilitate the progress of schools and social services towards more inclusive policies and practices. This Manual focuses on a range of practical measures which raise fundamental questions concerning the ways in which schools and support services operate. It deals with professional practice in policy formulation and evaluation, school leadership and cultures, collaborative working and communication, democratic decision making, inclusive teaching and learning approaches and professional development. Professionals in local authorities, schools, support services and voluntary sector organisations are invited to evaluate their practices in these key areas.

4. Involving Children, Young Persons and Parents

The United Nations Convention on the Rights of the Child and the full implementation of the Children (Scotland) Act 1995 make it essential that local authorities, health boards and NHS Trusts, and all professionals whose work has an impact on the lives of children, give serious consideration to the ways in which children and young people are consulted about and involved in the processes of decision-making which affect them.

It is important that local authorities, support services, and schools develop policies and practice guidelines in relation to the processes for providing information to, and consulting with children and young persons. This is particularly so where children are deemed by an authority to be in need (under the Children (Scotland) Act 1995). The duty of the local authority to take account of the child's views (where the child wishes, and is able, to express a view) in situations where it is taking major decisions about those in need is unequivocal, especially for children and young persons looked after by an authority.

Working with children with special educational needs

The spirit of the Children (Scotland) Act is compatible with SOEID Circular 4/96 [para 30 & 81] which stresses the importance of encouraging children to participate in discussions about educational provision and the assessment and recording process. This can be seen clearly in the recommendation that the process should be extended to include children and young persons: the feelings and perception of the child or young person should always be sought and where possible taken into account [para 65]. It also states that For children under the age of 16 the opening of a Record of Needs is a major decision affecting their education and, so far as possible and having regard to age and maturity their views should be ascertained and taken into account throughout the process. Education authorities should when required assist children and young persons to express their views [para 81]

The Children (Scotland) Act says that a child of 12 is presumed to be of sufficient age and maturity to form a view but this does not exclude participation by younger children, nor does it mean that all children of 12 are capable of doing so, or that a child of 12 or over is required to express a view if he or she does not wish to do so. The child's capacity to understand is critical in relation to medical treatment since, under the Age of Legal Capacity (Scotland) Act 1991, a child under the age of 16 has the right to consent (and by implication to refuse consent) to a medical assessment if the doctor is of the view that he or she can understand the nature and possible consequences of the procedure or treatment. A child under 16 will have legal capacity to instruct a solicitor in civil matters if he/she has a general understanding of what it means to do so, and will be presumed to have sufficient understanding at age 12. Legal Aid may be available to the child in his/her own right.

These legal rights are not comprehensive but indicate the extent to which international and domestic law now cherish children as individuals developing in their own right and under the protection of the State.

The last of the 10 Distinctive Features of EPSEN declares: Full involvement of child or young person: The views and aspirations of the individual child or young person with special educational needs are central in making all forms of provision. Critically, EPSEN recognises the child's natural right to be consulted and identifies the implications of this at all stages in school.

Children with special educational needs may need help in expressing their views and participating in the planning of their educational provision. Local authorities, schools and other professional staff should look for ways to support them in achieving the personal growth which will help them make a successful transition to adolescence and adulthood.

Working with young persons with special educational needs

Young persons over the age of 16 and under the age of 18 who have special educational needs have all the rights afforded to younger children. Additionally, in relation to the process of opening a Record of Needs, the Education (Scotland) Act 1980 gives them specific rights. They:

• may request the authority to assess them with a view to opening a Record of Needs [section 60(5)];

• may express their views about their special educational needs and the measures proposed to meet those needs [section 61(7)];

• may have their views recorded in Part VII of the Record of Needs;

• must be told in writing of the authority's decision whether or not to open a

• Record of Needs and the reasons for that decision [section 62(2)];

• must be told the terms in which the authority proposes to record them and be given the opportunity to express a view [section 62(2)];

• must be given a copy of the completed Record of Needs and be told of their rights of appeal [section 62(2)];

• have rights of appeal against decisions of the authority [sections 63(2) & 65(1)];

• may require a review of their Record of Needs [section 65A]; and

• may require their Record of Needs to be discontinued [section 65C(3)].

It should be noted that the young person's rights specified above may be exercised by his or her parent if the authority is satisfied that the young person is not capable of exercising those rights.

SOEID Circular 4/96 on assessment and recording provides the associated guidance on the involvement of young persons [para 250-254]. The Circular also makes reference to the Age of Legal Capacity (Scotland) Act 1991, amended by the Children (Scotland) Act 1995. Under this Act, a child has the right to consent on his or her own behalf to a medical assessment where, in the opinion of a qualified medical practitioner, he or she is capable of understanding the nature and possible consequences of that assessment (para 81 & 99). In this regard, the Circular comments that: education authorities will have to consider carefully whether it would be reasonable in any particular case to seek the child's consent [para 99].

Working with parents

All of those involved in the education of children should, if possible, build a constructive relationship with parents as early as possible, listen to and act on their views, and actively encourage and support them to participate fully in the planning and provision of programmes to meet their children's special educational needs. It is important to recognise that the role of parents as partners in school education, in particular in the education of their child, is theirs of right. Local authorities are reminded that this right extends to parents of children of different ages, abilities, religious persuasion, racial origin, cultural and linguistic backgrounds. In recent years much attention has focused on the notion of parent power, (e.g. the right to choose a school) rather than on parental responsibility. The Children (Scotland) Act 1995 and the United Nations Convention on the Rights of the Child place the balancing of rights and responsibilities of parents and service providers clearly within the context of children's welfare and development, underscoring the child-centred provisions of the Education (Scotland) Act 1980.

The essential balance of the relationship is illustrated by examples from the legislation:

• The Education (Scotland) Act 1980 states the general principle that pupils should be educated in accordance with the wishes of parents, subject to certain restrictions. It places the primary duty of providing efficient education on parents. Such education must be suitable to the age, abilities and aptitudes of the child. It may be provided by causing the child to attend a public school regularly or by other means, (e.g. by educating the child at home or by arranging attendance at an independent school) [section 30].

• The Children (Scotland) Act 1995 places parents under a responsibility to safeguard and promote the child's health, development and welfare; and to provide direction and guidance in a manner appropriate to the stage of development of the child. It also gives parents the right to control, direct or guide the child's upbringing and to act as the child's legal representative etc, in order to enable them to fulfil their responsibilities.

Professional staff should be aware of the legal framework within which all policies must be applied and respect the rights and responsibilities of parents. Local authorities should ensure that up-to-date guidance is made available to teaching and support services staff. Parents are entitled to advice and information about their child's difficulties and the provision the authority can access to meet the child's needs. They should be given the name and address of a contact person in the authority who can give them specific information and guidance.

Local authorities, schools and support services have policies and/or practice documents which endorse the principle of partnership; however, managers must ensure that policy commitments are translated into practice and that parents, wherever they choose to educate their children, do so with justifiable confidence in the service they will receive.

5. Effective Provision for Special Educational Needs (EPSEN)

The 1994 HMI Report Effective Provision for Special Educational Needs, or EPSEN, deals with the effectiveness of provision across all sectors of education for children and young persons with special educational needs. It highlights key features, gives exemplification of the principles of good practice, and provides a stimulus for further consolidation and development. This Manual has paid particular attention to the ten distinctive features of effective provision for special educational needs, reproduced below.

1 Understanding special educational needs

Those planning and making the provision have thought through, and share an understanding of, the continuum of special educational needs.

2 Effective identification and assessment procedures

Effective and efficient procedures for the identification and assessment of the special educational needs of children and young persons are recognised as essential first steps in making provision for them.

3 An appropriate curriculum

The special educational needs of children and young persons are met through the provision of an appropriate curriculum.

4 Forms of provision suited to needs

Children and young persons are more likely to make good progress through schools, units and colleges which ensure provision most suited to their special educational needs.

5 Effective approaches to learning and teaching

Varied and efficient strategies for learning and teaching include specific techniques to meet the special educational needs of children and young persons.

6 Attainment of educational goals

Provision ensures that children and young persons have every opportunity to progress and to achieve educational goals in line with their aptitudes and abilities.

7 Parental involvement

The rights and responsibilities of parents are respected and parents are actively encouraged to be involved in decisions about their children's special educational needs.

8 Interprofessional co-operation

Teachers enhance their effectiveness by working with colleagues in schools and other educational services and, when required, with other professionals from health boards, social work departments and voluntary agencies.

9 Effective management

Provision for special educational needs is planned, well managed and regularly reviewed.

10 Full involvement of child or young person

The views and aspirations of the individual child or young person with special educational needs are central in making all forms of provision.