Ann Blair

What Not to Wear and Other Stories: Addressing Religious Diversity in Schools.

This article considers the position of religion in schools in England and Wales in light of the recent decision in The Queen on the application of SB v Headteacher and Governors of Denbigh High School. This held that the refusal to allow a pupil to wear the jilbab was a breach of her rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 and the Human Rights Act 1998. It contrasts approaches based on human rights principles with those based on discrimination law principles, highlighting overlap and inconsistency between both the definitions applicable to different forms of discrimination and the position of teachers and pupils. It concludes that the law is in urgent need of rationalisation to provide consistency.

Special Educational Needs and Disability Discrimination: New Departures in Education Law in England and Wales: Rights of Children with Disabilities in the UK

The current approach to meeting Special Educational Needs (SEN) in England and Wales was inspired by the Warnock Report of 1979 and introduced by the Education Act 1981.2 The legislation provided a framework for the identification and assessment of SEN and gave pupils with serious or complex needs the right to resources necessary to address their learning difficulties. Subject to important qualifications, it also introduced a presumption in favour of the education of pupils with special needs being in mainstream schools.