Why was the 1981 Education Act important?

The Education Act 1981 is a significant piece of legislation that has had a significant impact on the provision of special education needs (SEN) in the United Kingdom. The Act was enacted to provide a legal framework for the assessment and development of special education provision for children with special educational needs. 

Broadening of the Definition of SEN

The Act has played a crucial role in the broadening of the definition of SEN, which has led to more children being evaluated for SEN, and steady increases in the number of special education students throughout the next two decades. "Special educational needs" may arise from a variety of causes, and the concept embraces a wider group of pupils than those at present formally ascertained as handicapped. The Warnock Committee estimated that nationally 20% of pupils might have special educational needs at some time during their school careers.

Inclusion and Mainstreaming

One of the most critical aspects of the Education Act 1981 is that it prevents any child from being denied education, regardless of impairment, and strongly supports mainstreaming and inclusion whenever possible. The Act requires a formal assessment of all potentially SEN children and a ‘Statement of Special Educational Needs’ is produced by educational authorities, who are responsible for defining the child’s areas of need and proposing educational guidelines to best serve the child. The SEN Statements are to place children in mainstream schools if the child’s needs can be met there, his or her presence does not interfere with other children’s learning, and inclusion is an efficient use of resources.

Parental Involvement

The Education Act 1981 has helped to ensure that parents have more rights and input into the decisions regarding their children’s education. The Act established the SEN Tribunal, which provided parents with rights of redress, whereby they could challenge decisions by the LEA regarding their children. Parents' (and later children's) views were now required to be given equal validity in the assessment and decision processes. In 1994, a revised Code of Practice on Special Educational Needs further supported family involvement.

Challenges

However, the Act is not without its challenges. The appeals process can be lengthy and complicated, resulting in delays that can be frustrating for all parties involved. Not all parents or LEAs support inclusion, leading to ongoing debates about the best way to provide for children with special educational needs. Lady Warnock, who authored the Warnock Report that preceded the Education Act 1981, now believes that “the concept of inclusion was ‘the most disastrous legacy’ of her 1978 report,” and currently advocates “an immediate review of SEN provision and a moratorium on the closure of special schools”.

In conclusion, the Education Act 1981 is a comprehensive piece of legislation that has played a crucial role in providing a legal framework for the provision of special education needs. While the Act is not without its challenges, it remains an essential tool for ensuring that all children have access to education, regardless of impairment.