SEND and the law

A very dear and very old friend of mine (as in, we have known each other since we were girls, not that we are Of Ancient Times, despite what I may be told by my middle child) is a lawyer. While I was teacher training, she was ordering up a wig and gown and hurrying around London carrying large boxes. It’s a very different life. At one time, I too was going to be a barrister; I was rather taken with the idea of wearing said wig (and gown) and arguing the case and saying ‘me lud’. A little bit of work experience, however, soon put paid to that idea. Then, as now, I find that I am unsuited to the law.

My friend A is not the only lawyer of my acquaintance, you see. These days I know several, in both a personal and a professional capacity, and they are almost as different to me as it is possible to be – all perfectly nice and lovely, but very, very different.

For a start, there is their commitment to details. They just love them. They love ferreting them out meticulously. (I’m more of a big picture, grand statement, splodge and mess making kind of person; my teachers used to sigh, as I grandly made pronouncements, and failed to back them up with evidence.) Off they go, burrowing into this, that or the other Act of Parliament, surrounding themselves with stacks of books of case law, with a sense of joyful purpose, finding out.

Then there is the letter writing. OK, so I can do a good letter, but I don’t do lawyer letters. There’s something about them that is spoiling for a fight and they just love it. Me, on the other hand, is more often to be found quaking like a jelly and wringing my hands over appearances and getting along. Lawyers, they just don’t care. Confrontation is their stock in trade. They thrive on it, that and their sense of justice.

Advocating is something they do so well, and so comfortably. Me, I do it all the time, but without the anonymising wig and gown, the creation of an official persona, backed up by years of history, I find myself standing on shifting sands, rather than the solid stage of the courtroom. Where lawyers win their cases through the full force of the law (when my sister and I were children, we were fond of playing the game that involved us banging on closed doors, declaring ‘open up, in the name of the law’ in loud voices), I find myself arguing for the spirit, rather than the letter. I’d much rather people just did the right thing.

The thing is, though, that they don’t. Last November I went to a conference on design for disability, and the point was made, again and again, that the laws exist to protect disabled people, and yet again and again they remain broken. Again and again, in all sorts of fields, from websites to coffee shops, we, as a society, fail to treat disabled people properly. And by that I don’t only mean people in wheelchairs, I mean people with learning differences too.

And, as I watch the debates that swirl in education, the ones that touch special educational needs and disability, about the way that we, as a community of adults, treat children, and disabled children at that, I think that we aren’t any better than the businesses who don’t provide disabled toilets, despite our claims to the moral high ground conferred by public service. Current narratives that speak of giving disadvantaged children opportunities brought through education fail to notice that they speak of disabled children too – the ones who seem so quickly excluded, thrown out, and written off as disruptive influences.

The plain fact is that those disadvantaged children we purport to save are the very same as those protected by Acts of Parliament, such as the Equality Act (2010) and the Children and Families Act (2014), not to mention the Teacher Standards and international agreements such as the UNCRC.

And I can’t help wondering just how much longer they will go on being ignored.

 

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