Inclusive justice? A comparative examination of the participatory nature of special educational needs tribunals in Northern Ireland and Wales

Abstract

Article 12 (2) of the United Nations Convention on the Rights of the Child states that the child shall be provided the opportunity to be heard in any judicial and administrative proceedings affecting them (either directly, or through a representative or an appropriate body) in a manner consistent with the procedural rules of national law. Yet recent research highlights that children are often not party to proceedings and rarely attend Special Educational Needs tribunals. The overall aim of this research, therefore, has been to examine the extent to which Special Education Needs tribunal hearings in both Northern Ireland and Wales are accessible, enabling and participatory, concentrating on barriers to accessibility and participation, and exploring issues which might continue to dissuade users from seeking redress through the tribunal system.

The research uses a comparative approach which compares and contrasts Special Educational Needs tribunals in Northern Ireland and Wales with the aim of identifying similarities, differences, and areas of efficient and progressive practice. The decision to examine these two distinct regions comparatively stems from their differing approaches to child participation in the SEN tribunal process. Wales, for example, is currently piloting an innovative right of appeal for children in Carmarthenshire and Wrexham, which will subsequently become applicable to the whole country, while Northern Ireland retains the traditional parental right to appeal only.

Key findings of this research identify significant barriers to participation at SEN tribunals in both Northern Ireland and Wales and indicate a reluctance to the enablement of child participation based on concerns regarding age, capacity and the need to shield children from the process. Conclusions assert that while Wales has been innovative in legislating for a child right to appeal, legislation in isolation is insufficient to assure child participation and there is a need to challenge pervasive attitudinal issues and procedural concerns regarding the tribunals as they currently function.

Date of Award	Apr 2015
Original language	English
Sponsors	Department for Employment and Learning
Supervisor	Grainne McKeever (Supervisor) & Eugene McNamee (Supervisor)