A comparative study of the positioning of children with special educational needs in the legislation of Britain, New Zealand and the Republic of Ireland

Abstract

This paper uses Positioning Theory, a theoretical framework within Discursive Psychology, to explore the positioning of children with special educational needs in the legislation of Britain, New Zealand and the Republic of Ireland. In terms of positioning the child with special educational needs as a person, the human rights legislation in all three countries ascribes person status, as does, in general, their Child Welfare legislation. Influenced by the Warnock Report of 1978, the education legislation positions the child first as a person having a special need, thus conferring person status. In terms of positioning the child as having a voice, all three countries affirm such positioning within their general legislation, but Ireland positions the child most strongly as an active partner with a voice within its recent education legislation. Finally, in terms of positioning with the right to appropriate education, all three countries confer strong rights to education and have now moved beyond the early numerous Warnock caveats to inclusion, with the wishes of parents and the best interests of the child, as remaining positive caveats.