Inclusion, as a place in mainstream schools, is frequently advocated for pupils with special educational needs. For pupils with special educational needs that lie on the continuum of emotional and behavioural difficulties (EBD) this form of inclusion is often not an aspect of the provision they receive. This form of inclusion is based upon a rights argument mainly seen from one perspective, that of Human rights. This papers suggests that other rights, legal and civil, also have to be taken into account and that these rights conflict. Drawing upon case law as illustrations we suggest that conflicting rights and legal preferences result in segregative provision being more prevalent for pupils with EBD. We conclude that there are inadequate legal provisions to assist in the inclusion of pupils with EBD within mainstream schools where this is appropriate. Current changes in the law only provide a framework; changes in attitudes will need to follow.
In this article, John Visser and colleagues report findings from their DfEE funded study of mainstream schools’ practice in relation to pupils with emotional and behavioural difficulties (EBD). The article outlines some key features of schools which cater successfully for the needs of many pupils with EBD. This suggests that schools which foster a culture of caring, sharing and learning, as defined later in the article, are more effective in achieving inclusion for those pupils who are regarded as the most difficult to include. The full report on which this article is based (Daniels, Visser, Cole and de Reybekill, 1998) is available, as Research Report RR90, from the DfES.
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