What the law says
The Disability Discrimination Act 1995
Detailed guidance
on the duties for providers of services under Part 3 of the
Disability Discrimination Act can be downloaded from the Disability
Rights Commission in their 2002 report: “Code of Practice: Rights of Access:
Goods, Facilities, Services and Premises".
Paper copies are available from the Stationery Office.
The National Service Framework highlighted the legal framework, stressing that “Commissioners and service providers should be aware of their responsibilities towards disabled children under the Disability Discrimination Act 1995 and the Special Educational Needs and Disability Act 2001.“
The Council for Disabled Children has produced a practical guide on implementing the DDA and improving access and inclusion for disabled children:
Come on in: The Disability Discrimination Act 1995, Part 3: Access to Goods and Services - a practical guide for children's services (2004)” http://www.ncb.org.uk/resources/
The Act itself can be found at http://www.hmso.gov.uk/acts/acts1995/1995050.htm
All early years
settings, whatever their funding status, are required to comply with
duties as outlined in the Disability Discrimination Act (DDA) 1995
part 3.
The two core
duties that apply to all early years settings are not to treat a
disabled child 'less favourably' and to make 'reasonable adjustments'
for disabled children.
Scope’s factsheet Disability discrimination in early years education has more information.
The SEN Code of Practice
Early years settings receiving education funding are required to follow procedures as outlined in the 2001 SEN Code of Practice.
A key principle is that the special educational needs of children will normally be met in mainstream or early education settings.
Responsibility for inclusion is a matter for all members of staff, but in addition settings are required to appoint a special educational needs co-ordinator (SENCO) to support early identification and intervention of children with SEN and to co-ordinate the day-to-day operation of the SEN policy and provision.
Senior management are responsible for ensuring that effective practice is carried out and that policy and procedures reflect relevant legislative duties. More information at www.teachernet.gov.uk