Whilst the moral argument in favour of a rights-based model is widely accepted it has received criticism for being a naïve ideology as not all schools have the ability in reality to provide a good education for all learners within the boundaries of current education systems (Farrell, 2001). Furthermore, it fails to consider the human right to education of the children whose lesson may be disrupted by a child with social, emotional or behavioural needs (Liasidou, 2012).
Research notes that inclusion has improved following the shift in legislation to reflect a social model of disability and the human rights agenda (Shakespeare and Watson, 2001). However, there still remains criticism relating to a number of key issues. Despite providing statutory guidance on inclusion to support the objectives identified in the first SEN code of practice (DFE, 2001) the underpinning legislation continued …show more content…
New legislation enacted in the past year reflects a biopsychosocial model of disability recognising the biological, psychological and social factors as equally important considerations in supporting learners to achieve their full potential. The Children and Families Act was introduced to supercede all prior legislation and reform the entire approach to provision for SEND learners (DfE, 2014b). The Act underpins the statutory guidance for schools set out in The Special Educational Needs (SEN) Code of Practice (CoP): for zero to twenty-five years (DfE, 2014b). The duty for provision now starts from birth as there is strong evidence to support the importance of early intervention programmes particularly in counteracting the effects of socio-economic disadvantage (OFSTED, 2013). Furthermore, the learners within the ARMS provision will now benefit from support into adulthood. This is important because it has been noted that young people who experience socio-economic disadvantage are more likely to face significant barriers to fulfilling their potential and playing a full part in society (DWP, 2013). It is possible that their aspirations could decline as their understanding of the world grows and their perceptions of what they can achieve reflects this (Gutman and Akerman, 2008). By developing post-16 support it is hoped that as young people with SEND