1.2. Explain current legislation and guidance relating to the provision of and access to educational opportunities for children and young people

This guide will help you answer 1.2. Explain current legislation and guidance relating to the provision of and access to educational opportunities for children and young people.

Understanding the legislation and guidance around education helps ensure every child and young person has access to learning opportunities. These laws and policies create rights for children, duties for educators, and protections to promote fairness.

This guide applies to those working with children and young people in schools, childcare settings, and other educational environments.

The United Nations Convention on the Rights of the Child (UNCRC)

The UNCRC is an international agreement protecting the rights of all children, including their right to education. The UK ratified the convention in 1991, meaning the country agreed to follow its principles.

Key points for education include:

• Article 28: Every child has the right to an education. Primary education must be free, and secondary education should be accessible.
• Article 29: Education must develop children’s personalities, talents, and abilities. It should also promote respect for others, the environment, and cultural heritage.

While the UNCRC is not directly enforceable in UK law, it influences domestic legislation and educational practices.

The Children Act 1989 and 2004

The Children Act focuses on safeguarding children and promoting their welfare. Education is an important aspect of this.

The 1989 Act introduced the concept that children’s needs and welfare should come first. The 2004 update expanded on this by requiring professionals to work together to improve outcomes for children.

Sections related to education include:

• Local authorities’ responsibility to ensure children with difficulties have proper support to access learning.
• Collaborative work between schools, health services, and other agencies to provide inclusive opportunities.

Equality Act 2010

The Equality Act makes it illegal to discriminate against children and young people based on characteristics like disability, race, sex, religion, or sexual orientation. It applies to all educational providers.

Important aspects include:

• Schools and colleges must make “reasonable adjustments” to support children with disabilities. For example, installing ramps or providing learning materials in accessible formats.
• Policies must prevent indirect discrimination. For example, ensuring uniform rules do not unfairly disadvantage certain groups.
• Harassment and victimisation of children within educational settings are prohibited.

This law seeks to create fairness and remove barriers to education for all.

The Education Act 1996

The Education Act sets out the legal framework for the education system in England. Local authorities are required to provide suitable education for all children.

Key elements are:

• The right of all children to efficient full-time education.
• This education must be appropriate for children’s age, abilities, and any special needs.
• Local authorities must identify and help children not in school, such as home-educated children or those excluded.

The Act provides the foundation for education policies and protections.

The Special Educational Needs and Disability (SEND) Code of Practice 2015

This guidance explains the duties of schools and other organisations to support children with special educational needs (SEN) and disabilities. It is based on the Children and Families Act 2014.

The Code applies to children aged 0-25 and includes:

• Early identification of SEN.
• Developing Education, Health, and Care (EHC) Plans for children with significant additional needs.
• Involving parents and carers in decisions about their child’s education.
• Encouraging inclusive practices so children with SEN participate fully in school life.

Following the Code ensures children with SEN and disabilities get the support they need.

Safeguarding Policies and the Education Act 2002

The Education Act 2002 outlines the duty schools have to safeguard children. Working Together to Safeguard Children (2018) is the statutory guidance that supplements this.

Educational institutions must:

• Have policies for identifying children at risk of harm.
• Follow child protection procedures when concerns arise.
• Train staff regularly in safeguarding practices.
• Promote a safe environment where children feel supported.

Safeguarding is integral to ensuring children are ready and able to access their education.

The National Curriculum

The National Curriculum sets out what children in England’s state schools are expected to learn. It covers key stages from early years to secondary school.

The curriculum ensures:

• A broad and balanced education for all children.
• Standardised requirements to promote equality across the country.
• Core subjects like maths, English, and science, alongside creative learning and physical education.

While academies and free schools can develop their own curriculums, the principles of inclusivity and accessibility still apply.

The Early Years Foundation Stage (EYFS)

The EYFS framework covers the learning and development needs of children aged 0-5 in registered childcare settings. It ensures young children prepare for formal education.

The framework includes:

• Communication and language development.
• Personal, social, and emotional growth.
• Literacy and numeracy foundations.
• Supporting children’s physical and creative skills.

The EYFS also includes safeguarding and welfare standards to protect young children while learning.

Ofsted Regulations and Inspections

Ofsted is the organisation responsible for inspecting schools and childcare providers. It ensures educational settings meet expected standards and comply with the law.

During inspections, Ofsted evaluates:

• The quality of teaching and learning.
• How inclusive the environment is for children with diverse needs.
• Safeguarding measures.
• Overall leadership and management.

Good Ofsted ratings indicate effective access to high-quality education.

Guidance for Handling Exclusions

Excluding a child from school should always be a last resort. The Department for Education provides guidance to minimise exclusions and protect children’s rights.

Key rules include:

• Only headteachers can exclude a child, and this must be done on disciplinary grounds.
• Schools must notify parents immediately and explain their appeal rights.
• Schools and local authorities must support excluded children to continue their learning.

This guidance ensures exclusions do not limit long-term educational access.

Apprenticeships, 16-19 Study, and Post-16 Education

The Education and Skills Act 2008 raised the participation age, requiring young people to continue learning until age 18. They can do this through:

• Full-time education, like sixth form or college.
• An apprenticeship or traineeship.
• Part-time education combined with work or volunteering.

This law aims to improve access to skills training and reduce youth unemployment.

Challenges to Access and How Legislation Supports Inclusion

Legislation and guidance aim to address barriers which prevent some children and young people accessing education. These barriers include:

• Financial hardship: Free school meals, pupil premium funding, and transport subsidies help reduce inequality.
• SEN and disabilities: EHC plans and reasonable adjustments promote participation.
• Exclusion risk: Illegal exclusions are prevented through strict rules and active support for vulnerable children.
• Language barriers: Schools must provide support for children learning English as an additional language.

Laws and policies set clear expectations for educational providers so every child has the opportunity to succeed.

The Role of Professionals

If you work with children and young people, you have a role in making educational opportunities accessible. This involves:

• Promoting equality within your setting.
• Being aware of children’s additional needs and advocating for support.
• Following legal and organisational procedures.
• Working with families to understand their concerns and aspirations.

By ensuring your actions match the guidance, you can support children’s rights to education.