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Legislation and policy
Chapter objectives
To develop awareness of:
- the progression in special needs and early years provision
- definitions of key terminology
- key historical changes in legislation and policy
- current legislation, guidance and policy.
Introduction
The term âspecial needsâ is frequently used in a generic manner and has become indicative of a separate and discrete area of education and wider society, yet we are currently experiencing increasing societal changes that promote inclusion in all aspects of our lives. It could be suggested that all people have needs and that these needs will vary as their lives develop and change, some having severely traumatising effects demanding very specific short- and/or long-term support, but at other times causing less impact. At times we all require very specific, individual support but this does not necessarily imply that we are different, or have special needs, more that we are human. We should therefore strive to provide effectively for the individual needs of all children at all times, enabling each child to achieve his/her full potential. Provision should ensure that each child is offered a range of appropriate, challenging experiences to support development at his/her own pace and thus ensure success. High-quality early years provision would then respond to the needs of all children, whether or not any of the children have identified special needs.
Development of nursery provision in the UK
Within the UK, there is a well-documented diverse range of early years provision that has undergone periods of growth and expansion, mostly on a needs-led basis (for example, Abbott and Langston, 2005; Baldock et al., 2005; Maynard and Thomas, 2009). Here, key developments will be briefly explored.
The late 1800s to the early 1900s
At the beginning of the twentieth century, there was no statutory pre-school provision in the UK, although in Europe the importance and value of preschool provision had been identified and early years settings were encouraged. As far back as 1869, the French government supported the development of crèches and continued to support further expansion and development. Van der Eyken commented:
What we see throughout the nineteenth century in Europe therefore, is a ferment of ideas, of quick development and of official recognition for the world of the young child, and by 1908 it was possible to say that half the children between two and five in Belgium, a quarter of those in France and between 2 and 10 per cent in Germany were regularly attending institutions of some kind. (Van der Eyken, 1967: 60)
In the UK at this time, there was no such perceived need for early years provision. Few women worked, with most remaining at home to fulfil their duties as wives and mothers. However, some 3- and 4-year-old children were placed in elementary classes alongside their older peers, remaining seated for the majority of the school day and following inappropriate curricula set for older children. Learning, sometimes in classes of 60 children, was by rote and severe punishments were administered for misdemeanours. In 1908, the Education Act gave local education authorities (LEAs) the power to offer free nursery education in nursery classes housed within elementary schools. However, without legislation to enforce such provision, this did not secure nursery education for all 3- to 5-year-olds, simply those living near to schools which offered the service. Subsequent governments have followed a similar pattern, although currently we are seeing support for free nursery places for all young children whose parents desire it.
Some early pioneers
Throughout history, despite the lack of government support, early years pioneers have recognised, very clearly, the value of early years education. There was an increasing need to provide for the growing population of children requiring daycare, owing to a continuing increase of the female workforce, but also for children with special needs. These special needs could be the effects of poverty and war, major factors of the time, resulting in âover-crowding, malnutrition, poor hygiene, disease and the ravages of povertyâ (Van der Eyken, 1967: 65).
Robert Owen (1771â1858) was one of the earliest and most influential early years pioneers. A cotton-mill manager in New Lanark, Scotland, Owen reduced the working hours of young children in his mill and set up a school for the children of mill workers. Owen, according to David (1990: 18), âbelieved that environmental factors, particularly during the earliest years of life, shaped the future citizen, and what he worked for was the education of an engaged future citizenry, not a subjugated and underachieving oneâ. Although we may question Owenâs motives, his school encouraged children to explore play activities within a philosophy similar to Froebel, a German educator who was responsible for opening Germanyâs first kindergarten in the mid-1800s. He acknowledged the importance of play for young children and advocated kindergartens that encouraged exploratory play using appropriate resources to stimulate and extend childrenâs knowledge. This philosophy still exists today but is, in the eyes of some, compromised by the introduction of the Early Years Foundation Stage, which they view as too formal and structured for 3- and 4-year-old children in the UK. In 1906, sisters Rachel and Margaret McMillan were instrumental in the introduction of the school meals system and in 1913 opened their first nursery school in Deptford with its own outdoor play space, which prospered rapidly. Owing to the poor general state of the nationâs children at the time, the McMillan sisters were providing for many children with special needs and at the same time campaigned for nursery education for all, as Bradburn summarised:
She (Margaret) realized that poverty, ignorance and disease were not only harming an adult population but mortgaging the growth of the next generation also. She yearned to change the system which created the conditions she abhorred. At the same time she realized that sick children could not wait for political reform. She fought to cure the dirt and disease that she saw everyday in the mothers and children around her, and kept up the fight for political reform as well. (Bradburn, 1976: 45â6)
The McMillan sisters continued throughout their lives to work for a nationwide nursery education system for all children.
Maria Montessori, founder of the Montessori Education system, first published her work âthe Montessori Methodâ in 1912, based on observations of her own young children and placing the child at the heart of the learning process. Within a Montessori classroom, the adult is a guide to the child, supporting the childâs exploration and discovery but not intervening or imposing. A range of Montessori materials (didactic teaching materials) enable the child to explore, develop skills and self-check. These central materials are part of a broader range of stimulating experiences offered to the child. Beaver et al. (2000) summarise the method:
The child is at the centre of the Montessori method. She (Montessori) believed that children learn best through their own spontaneous activity and that they have a natural inquisitiveness and eagerness to learn. The role of the adult is to provide a planned environment that will allow the child the opportunity to develop skills and concepts. (Beaver et al., 2000: 81)
The early to mid-1900s
In 1907, and again in 1916, a case for separate and discrete early years provision was raised, as was the suggestion that children should not be compelled to commence formal education at the age of 5, but without positive results. It was, however, the beginning of an understanding that a different form of education was required for our youngest children.
In 1918, the Maternal and Child Welfare Act separated daycare and education, placing responsibility for daycare provision within the remit of the Department of Health (DoH), with education remaining under the Board of Education. At the same time, the 1918 Education Act gave local authorities the power to support nursery education for children aged 2 to 5 years, specifically to promote healthy physical and mental development.
By the late 1920s, the UK government appeared to view nursery education from a more positive perspective with an education enquiry committee report in 1929 recognising the different needs of under 5s and identifying a need for separate nursery education.
Grace Owen (1928: 15), the honorary secretary to the Nursery Schools Association, concluded at the time that: âIt cannot be long before nursery schools for children between two and five years of age are the accepted instrument for securing adequate nurture for very young childrenâ. This is an ideal yet to be achieved in the twenty-first century.
Until the start of the Second World War, there was little change in the range of provision available. Benefits to children, short and long term, were still not well researched and childrenâs developmental needs and the importance of appropriate early years provision not recognised by all. Robson (1989: 4) highlighted: âThe developmental needs of the child seemed secondary to political, economic and social factors and the pamphlet (Nursery Schools and Nursery Classes 1936) described the under-fives âproblemâ as being due to modern housing conditions, the growth of traffic and all kinds of pressing social, industrial and financial considerationsâ.
In 1943, the Board of Education White Paper again highlighted a need for nursery provision, concluding that nursery schools were needed nationwide to offer appropriate educational experiences to the very young. The 1944 Education Act that followed continued to support the notion of nursery education, but sadly the country then experienced economic difficulties and the expansion of nursery provision was severely compromised.
During the Second World War, the government supported pre-school provision by way of grants, predominantly to release women to war-related workplaces as the majority of the male workforce was fighting for their country. In addition, the women needed to supplement the poor wages sent home by their husbands. Once the grants were removed after the war, many of the nurseries closed, thus returning the nation to a diversity of pre-school provision and most parents to a lack of useful provision, dependent on where they lived and their financial status.
The 1950s to 1970s
After the end of the Second World War, growth in pre-school provision continued in an ad hoc manner but availability varied geographically. Throughout the 1950s and 1960s, when the population was fast overtaking available housing, the sheer lack of available space for housing development resulted in the building of many high-rise flats. This produced additional concerns for young children and families as the basic design of such accommodation limited socialisation for adults and children alike and left many families isolated from friends, family and their local community. Over the years, many of these tower blocks became run-down and high-rise estates were often known (and in some cases still are known) for their problems of vandalism, crime, drug and alcohol abuse, anti-social behaviour and social deprivation. At a time when nursery provision was still not available to all, the quality of opportunities and experiences offered to these children could be described as minimal and lacking challenge.
The Plowden Report (CACE, 1967) highlighted the value of early years provision that led to some expansion of nursery provision, but these developments were predominantly in inner-city areas deemed to have exceptional needs (educational priority areas). Additional expansion at this time came mainly from the private sector and voluntary agencies, with an increase in campaigning for more provision for the under-5s.
The playgroup movement
Throughout the 1960s, the playgroup movement expanded nationally, responding directly to local need and the lack of state provision. Van der Eyken concluded:
The efforts of these groups have done a great deal to stimulate concern about the under-fives. No one, however, would suggest that these self-help solutions are in any way an alternative to the provision of proper facilities and trained supervision for young children. They have arisen out of a growing recognition by parents of the needs of their children. At considerable personal sacrifice these parents are doing what they can to fill a void that they recognise exists. Inevitably their efforts can only alleviate the need. To satisfy that need is the responsibility of society as a whole. (Van der Eyken, 1967: 83)
Often being held, and still being held, in church halls or community centres, playgroups were predominantly run by mothers who maintained a rota to attend and supervise 3- to 4-year-olds at play, charging a nominal fee to cover expenses. Few of these mothers had formal training, qualifications or experience of such work. Since the first playgroups were introduced, the Pre-School Play-groups Association (now the Pre-School Learning Alliance â PLA) has been instrumental in providing guidance, training and support to all play-groups as well as continuously campaigning for the early years.
The 1970s to 1990s
In 1972, the Conservative government boldly pledged to provide free nursery education for every 3- and 4-year-old within ten years, another government commitment to early years education that was to remain unfulfilled. By the mid-1980s, little progress had been made, as highlighted within the Policy Analysis Unit report which concluded that:
In Britain there is hardly any provision at all for two year olds and part-time care only for 20 per cent of three year olds. Low priority has been given by successive Governments to child-care for under-fives, and there is no longer any statutory responsibility on local authorities to provide facilities for pre-school children, except those âat riskâ. (Policy Analysis Unit, 1986: 2)
The Children Act (1989) brought together preceding public and private law relating to children and identified a core value of the welfare of the child being âparamountâ. The Act also reinforced the importance of the family and of those who have âparental responsibilityâ for children, trying to redress the balance between âthe needs and rights of children and the responsibilities and rights of parentsâ (Beaver et al., 2000: 196).
The Children Act defin...