Judging Special Educational Needs: The Contribution of the Courts to the Developing Law of Special Educational Needs in England and Wales

Abstract

The law of Special Educational Needs (SEN) in England and Wales aims to ensure that children who have a ‘learning difficulty’ that gives rise to a need for special educational provision are identified and given appropriate support within the education system (or in some cases outside it). It is a complex and continually evolving field of law, recently amended further by the Special Educational Needs and Disability Act 2001 (the 2001 Act). The present law, contained in the Education Act 1996 and in regulations,1 originates in legislation enacted 20 years ago — the Education Act 1981 — and retains many of its key elements.