ABSTRACT
Because this chapter can present only the briefest outline of the relevant legislation, it is important to begin by indicating other, more detailed sources of reference.
The official documents which apply most directly to mainstream secondary schools are the Education Act 1981 (the key piece of legislation specifically concerned with pupils with special educational needs), the Education (Special Educational Needs) Regulations 1983 (detailed guidelines on parts of the 1981 Act which are legally binding), and various circulars from the DES and the DHSS. These circulars are not legally binding but give advice on the Act and might well be referred to by courts in appropriate cases. Key circulars from the DES are Circular 8/81 which discusses the 1981 Act in general, and Circular 1/83 which is particularly concerned with assessments and ‘statementing’. There are also three DHSS circulars which discuss the relationship between the education and health services with respect to children with special educational needs. These are Circulars HRC (74)5, HC(80)8/LAC(80)3 and HN(82)9/LASSL(82)3.
