"Inclusion is a process of identifying, understanding and breaking down barriers to participation and belonging"
Early Childhood Forum (2003)
Legislation should underpin any useful change within a society, but it can seem unsympathetic and remote from the real experiences of children, families and practitioners. However, current legislation should be seen in a historical context as part of a slow process of change for the better.
In the past, many disabled children were considered unable to be educated. For years we either segregated them in special hospitals and institutions, or left them in the community with little in the way of support or services.
Until the Children Act 1989 was introduced, disabled children were not included in the wider framework of legal powers, duties and protections, which related to all children. The Act stated that every local authority should provide services within their area so as to minimise the effect of their disability and help them to lead independent lives.
The most significant recent legislation for early years providers is the Disability Discrimination Act 1995 (DDA). The DDA sets out two main duties. These are:
- a duty not to treat a disabled child 'less favourably' than other non-disabled children for a reason relating to his or her disability
- a duty to make 'reasonable adjustments' to accommodate disabled children, so that they are not placed at a disadvantage for a reason relating to their disability.
Nevertheless, there is a recognised gap in provision, and many families who need to work find themselves without appropriate childcare for their disabled child. This can lead to isolation and financial difficulties, alongside possibly exhausting caring responsibilities. The DDA is intended to help address this situation by requiring providers to revise their policies, principles, practices and environments.
In recent years many young disabled children have been successfully included within mainstream services. This trend has been supported by the introduction of the Early Years Foundation Stage, which is based on inclusive principles, as well as anti-discriminatory legislation and guidance. Inclusion, although challenging, is widely considered to represent good practice and to be in the best interests of all young children, especially in the longer term.
USEFUL LINKS
- www.surestart.gov.uk/_doc/0-9E5AEC.pdf
- http://www.opsi.gov.uk/acts/acts2001/ukpga_20010010_en_1
- www.dcsf.gov.uk/des/docs/2008SecretaryofStateReport_a.pdf
- http://www.cabinetoffice.gov.uk/strategy/work_areas/ disability.aspx
- http://nationalstrategies.standards.dcsf.gov.uk/node/84031
Mary Dickins is an early years consultant (All Together Consultancy/London Met.University).