How has ‘suitable education’ been
variously interpreted?
The law in relation to provision of ‘suitable education’
As previously noted, in relation to English law, section 7
of the Education Act 1996 states that it is the: "Duty of parents to
secure education of children of compulsory school age" and "The
parent of every child of compulsory school age shall cause him to receive
efficient full-time education suitable— (a)to his age, ability and aptitude,
and (b)to any special educational needs he may have, either by regular
attendance at school or otherwise" (Education Act 1996, section 7).
It is noted that whilst the term "efficient" is
not particularly clear it is clarified by case law as achieving what it set out
to achieve. However, the term 'suitable' education is a debated and
controversial term, especially since the term suitable has been used to clarify
the meaning of efficient. Which, is somewhat of concern since as Gert
Biesta says, just because something is efficient doesn’t mean it is suitable –
torture for instance as an example. On deeper exploration it would appear
that the term 'suitable' has no clear or agreed upon meaning and is very likely
dependent on one's pedagogical viewpoint as well as one's perception of
children and child development.
It is interesting to note that the responsibility for
securing a child's education actually resides with parents (see Education Act
1996, section 7) but that local authorities have a statutory duty to provide
sufficient and appropriate schools for primary and secondary education
(Education Act, 1996, chapter 56, part 1, chapter 3, section 14). It is
also interesting here that the terms have been changed - parents have to secure
an ‘efficient’ and 'suitable' education but local authorities have to provide a
'sufficient' and 'appropriate' education. Why are the terms
different? Is there any difference between suitable, sufficient and
appropriate? Appropriate is clarified in the act as "education which
offers such variety of instruction and training as may be desirable in view of
a) the pupils' different ages, abilities and aptitudes, and b) the differeent
periods for which they may be expected to remain at school, including practical
instruction and training appropriate to their different needs."
(Education Act, 1996, chapter 56, part 1, chapter 3, section 14). It
would seem, then that the terms suitable and appropriate are assumed to be
almost identical in meaning.
Potential controversies with regard to the law
Given that parents are responsible for securing a suitable
education for their children either at school or otherwise (Education Act 1996,
section 7) and that local authorities have a duty to provide suitable education
(cf, Education Act 1996, chapter 56, part 1, chapter 3, section 14) then it
would be reasonable to infer that if parents choose to take advantage of
education provided by the local authority that there needs to be some agreement
between parents and local authorities about what suitable education looks
like. It is also reasonable to infer that this is an agreement between
individual parents and local authorities since the term 'suitable' refers to
individual children and not children as an homogenous group (cf. Education Act
1996, section 7; Education Act 1996, chapter 56, part 1, chapter 3, section
14). This begs the question of how this agreement takes place and what
happens if parents and local authorities are unable to agree.
Section 7 of the Education Act 1996 states that parents can
secure education for their children otherwise than at school and so one might
be forgiven for assuming that if parents and local authorities are unable to
agree on what constitutes 'suitable' education for a particular child that the
parent has the overall decision to decide not to enter into an agreement with
the local authority and seek out or provide an alternative. However, for
some parents, this is not an option since they may not have access to an
alternative for a variety of reasons eg. funds or availability. Further, it
appears that local authorities are under an obligation to identify those
children they consider not to be receiving a 'suitable' education (Education
and Inspections Act 2006, part 1, section 4) and can force parents to send
their children to a school (cf Education and Inspections Act 1996, chapter 56,
part 6, chapter 2, section 437) resulting in a parent sending their children to
an education for their child which they may well define as not 'suitable'.
This is contradictory and is likely to cause conflict.
If parents have the overall responsibility for securing suitable education then
it would be reasonable to conclude that the definitions of 'efficient'
and 'suitable' should be within the remit of the parent. However, the
apparent position of local authorities to also define 'suitable' for the
purposes of provision of education and the power to force parents to secure a
particular educational provision for their children if they disagree with the
parent about what constitutes 'suitable' suggests that parents' responsibility
for education can be undermined by the local authority unless the term
'suitable' is clarified.
So, what actually happens when parents and local authorities
disagree about what constitutes 'suitable'? Case law has been used to
provide an answer in that suitable education is that which prepares a child for
life in modern civilized society, enables them to achieve their full potential
and equips them for life within the community without precluding different life
choices in the future (Taylor & Petrie, 2000; Gabb, 2005). The
problem is that one’s perception of child development, community and
citizenship, and also one’s pedagogical viewpoint will affect how one
interprets ‘full potential’ which is in itself not a clear term since it a) is
a term that relates to the future which is assumed can be determined at a given
point in the present and b) has been variously interpreted in a number of
disciplines as meaning different things.
This is an important question and one I hope my own research
will have some answer to.
Suitable education as a contested concept
As previously noted, ‘suitable education’ is not a clearly
defined concept. It is interpretive and thus, it can be argued, depends
on one’s perspective of a number of things including what constitutes healthy
child development and the purpose of education. It is suggested here that
the concept of ‘suitable education’ is what Gallie (1956) refers to as an essentially
contested concept. An essentially contested concept is one which has no
agreed upon meaning and may be applied using different criteria by different
groups, each of which can be perceived, from their vantage point as correct in
their own usage of it. Gallie (1956) who introduced the notion of
essentially contestable concepts condenses the problem as follows:
“When we examine the different uses of these terms and the
characteristic arguments in which they figure we soon see that there is no one clearly
definable general use of any of them which can be set up as the correct or
standard use. Different uses of the term… subserve different though of course
not altogether unrelated functions for different schools or movements of
artists and critics, for different political groups and parties, for different
religious communities and sects. Now once this variety of functions is
disclosed it might well be expected that the disputes in which the above
mentioned concepts figure would at once come to an end. But in fact this does
not happen. Each party continues to maintain that the special functions which
the term… fulfils on its behalf or on its interpretation, is the correct or
proper or primary, or the only important, function which the term in question can
plainly be said to fulfil. Moreover, each party continues to defend its case
with what it claims to be convincing arguments, evidence and other forms of
justification.”
(Gallie, 1956, p168)
Using Gallie’s (1956) definition, ‘suitable education’ fits
the criteria to be considered as an essentially contested concept. For
example, it can be demonstrated to be appraisive in that in relates to the
provision of something valued which is to be achieved. Further, its worth
is determined by its constituent parts, its achievement is variously
describable and is internally complex in character. We will know, for
example, that a ‘suitable education’ has been achieved when a child achieves
their full potential, is prepared and equipped for life in modern society and
their community and potential future life choices have not been
precluded. But, the concept remains persistently vague. How
will we know that the child has reached their full potential? When do
they reach it? What are the potential future life choices in an ever
changing globalized social world and in a future we do not yet know. Which
community is being referred to? The answers to these questions will
differ depending on one’s perspective of each of the concepts in
question. Nevertheless, differing definitions of ‘suitable education’ are
defended both aggressively and defensively by different schools of thought,
philosophies of education and pedagogical perspectives who can all demonstrate
that their various approaches are derived from an original exemplar which is
constantly being refined and developed through the medium of social research.
What my research hopes to do is be part of a wider
discussion about the concept of 'suitable education', one which takes account
of a range of ideologies and perspectives.
Definitions of 'suitable education' as ideologically driven
Considering ‘suitable education’ as an essentially contested
concept means that it must be ideologically driven. Gallie (1956) argues
that the nature of an essentially contested concept means that there is
continuous competition for support and acceptance for any particular ideology
to be considered as having the essential features or criteria in order to
become or remain the dominant ideology. Whilst the concept of ideology is
something that needs further exploration, for the present time a simple
definition will be used. It will consider ideology to be a world outlook
based on representations of oneself to the conditions of existence and is
something that is experienced in the structure, perception and experience of
one’s lived reality.
This page is still in development. Constructive feedback and comments always welcome...
This page is still in development. Constructive feedback and comments always welcome...
There are some interesting examples of case law: Harrison & Harrison v Stevenson. Appeal 1981 Worcester Crown Court (unreported) The Judge defined the outcomes of a suitable education as 1. to prepare the children for life in a modern civilised society; and 2. to enable them to achieve their full potential R v Secretary of State for Education, ex parte Talmud Torah Machzikei Hadass School Trust. Judicial review 1985, The Times, 12 April 1985 Mr Justice Woolf said: 'Education is suitable if it primarily equips a child for life within the community of which he is a member, rather than the way of life in the wider country as a whole, as long as it does not foreclose the child's options in later years to adopt some other form of life if he wishes to do so. Interestingly, however, after a brief look over some of the case law where 'suitable education' was a key term, it appears that there remains a lack of clarity about what 'suitable' actually means beyond the above definitions.
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