The practical realisation of children and young people’s participation rights: special educational needs in England

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Abstract

Children and young people have until relatively recently had few independent rights under the law governing special educational needs (SEN) in England. Now, however, under part 3 of the Children and Families Act 2014, not only have the governance and coverage of SEN provision changed, but there is also a new focus on children and young people’s rights, aimed not only at enabling their wishes, feelings and choices to influence decisions about their own education but also at ensuring that local provision is properly informed by child/young person perspectives. Drawing on our research for an ESRC funded Anglo-Scottish research project: Autonomy, Rights and Children with Special Educational Needs: A New Paradigm?, we explore the factors driving the extension of the rights of children and young people with SEN and disabilities in England and seek to highlight challenges and difficulties that have arisen in delivering them in practice, including issues of conflict between their wishes and their parents’, and questions of mental capacity.

Bibliographical metadata

Original languageEnglish
Pages (from-to)25-45
Number of pages21
JournalChild and Family Law Quarterly
Volume31
Issue number1
Publication statusPublished - Mar 2019

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