Labels, literacy and the law. Implications for EP practice post-school in the UK

Abstract

Aim:This paper considers the differences in legislation between pre- and post-sixteen students regarding the use of the label ‘dyslexia’.Rationale:The Children and Families Act 2014 introduced new responsibilities for Local Authority educational psychology services. Some existing legislation takes a different view of the use of educational labels such as ‘dyslexia’ from that used traditionally with school-aged students. This can cause conflict and confusion for both clients and educators.Findings:Detailed examination of key cases that have set legal precedents reveal that the use of the label is not as essential as many have thought. A move towards an approach that considers the skills of an individual in the context in which they are working is compatible with current case law and would facilitate conclusions about an individual that may protect their entitlement to assistance without applying a specific label suggesting a life-long condition.Limitations:This article makes suggestions that may be subject to challenge by some pressure groups that have not been consulted. It further makes recommendations that have not been tested in UK courts of law.Conclusions:For educational psychologists working in this area, a new approach to assessment that highlights the functioning of an individual in a particular context rather than the traditional decontextualised assessments is compatible with existing UK law and removes the need for labels for individuals.