NotesFAQContact Us
Search Tips
Peer reviewed Peer reviewed
Direct linkDirect link
ERIC Number: EJ882764
Record Type: Journal
Publication Date: 2010-Jan
Pages: 17
Abstractor: As Provided
Reference Count: 32
ISSN: ISSN-0268-0939
Dispute Resolution in Additional and Special Educational Needs: Local Authority Perspectives
Riddell, Sheila; Harris, Neville; Smith, Emily; Weedon, Elisabet
Journal of Education Policy, v25 n1 p55-71 Jan 2010
The UK Government is keen to encourage the use of mediation, rather than court or tribunal, as the best means of resolving disputes between citizen and state on the grounds that legal proceedings are costly, lengthy and stressful. The policy of proportionate dispute resolution appears to be particularly applicable to the field of special educational needs (SEN), where both mediation and tribunal are available as dispute resolution mechanisms. However, evidence suggests that very little use has been made of mediation in either England or Scotland. In order to understand this phenomenon, this paper begins with investigating the dominant policy frameworks in SEN (England) and additional support needs (ASN; Scotland). Subsequently, the attitudes of English and Scottish local authority (LA) officers are explored. It is argued that both countries now have an eclectic mix of policy frameworks in play, including the traditional models of bureaucracy and professionalism, and the more recent models of managerialism, consumerism and legality. In Scotland, professionalism and bureaucracy continue to dominate, and this is associated with more restricted access to and less use of all forms of dispute resolution, in particular the tribunal. (Contains 2 tables and 4 figures.)
Routledge. Available from: Taylor & Francis, Ltd. 325 Chestnut Street Suite 800, Philadelphia, PA 19106. Tel: 800-354-1420; Fax: 215-625-2940; Web site:
Publication Type: Journal Articles; Reports - Evaluative
Education Level: Elementary Secondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: United Kingdom; United Kingdom (England); United Kingdom (Scotland)