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Over the past two decades, starting with the social security 'habitual residence' test, UK governments have maintained a consistent policy of restricting the access of migrants to welfare benefits and public health care. It has represented a response to increased levels of inward migration flow, including anticipated increases arising from enlarged European Union (EU) membership, and the supposed 'magnetic pull' of UK welfare and health care systems to migrants. Adjustment of the benefit rules affecting EU migrants, which has at times come very close to crossing lines of legality under EU law, has lately featured prominently in the UK's proposals to the EU over the terms of its Union membership. The article focuses on the policy changes and legal developments, including case law, across the areas of social assistance benefits, state retirement pensions and health care, and assesses their impact, seeking to analyse the changing position of residence as an issue in entitlement and its implications.

Over the past two decades, starting with the social security 'habitual residence' test, UK governments have maintained a consistent policy of restricting the access of migrants to welfare benefits and public healthcare. It has represented a response to increased levels of inward migration flow, including anticipated increases arising from enlarged European Union (EU) membership, and the supposed 'magnetic pull' of UK welfare and healthcare systems to migrants. Adjustment to the benefit rules affecting EU migrants, which at times has come very close to crossing lines of legality under EU law, has lately featured prominently in the UK's proposals to the EU over the terms of its Union membership. The article focuses on the policy changes and legal developments, including case law, across the areas of social assistance benefits, state retirement pensions and healthcare and assesses their impact, seeking to analyse the changing position of residence as an issue in entitlement and its implications

The UK has a very complex system of interrelated, rule-based social security benefits and tax credits which are highly conditional and targeted. The conditions of entitlement and provision for the assessment of need have been bound up in an intricate legal framework. Rules have enabled governments to adapt and develop schemes to meet social needs while controlling the delivery of welfare from the centre, but the system, its components and its legal framework have evolved into a state of such complexity that some of the core aims of welfare and its management in the modern state are being undermined. Focussing on Great Britain,1 this article explains the causes of this complexity and discusses its impact. It also assesses the practicability of significant simplification, for which there are increasingly urgent calls.

1 Diversity, Inclusion and the Role of Education -- INTRODUCTION -- EDUCATION AND DIVERSITY -- THE ROLE OF EDUCATION -- EDUCATION AND POLITICS -- CONCLUSION -- 2 The Right to Education -- INTRODUCTION -- THE NATURE OF THE RIGHT TO EDUCATION -- THE RIGHT TO EDUCATION AS A RIGHT OF THE CHILD -- THE EUROPEAN CONVENTION ON HUMAN RIGHTS -- CONCLUSION -- 3 Educational Provision: The Changing Legal Framework -- INTRODUCTION -- THE SCHOOLS SYSTEM INHERITED BY NEW LABOUR -- EDUCATION REFORM POST-1997 -- THE WHITE PAPER 2005 AND THE EDUCATION AND INSPECTIONS BILL 2006 -- CONCLUSION -- 4 Equality of Access to Education -- INTRODUCTION -- ANTI-DISCRIMINATION LAW -- ACCESS TO SCHOOLING -- ACCESS TO FURTHER AND HIGHER EDUCATION -- CONCLUSION -- 5 Choice of School and its Effects -- INTRODUCTION -- THE DUTY TO HAVE REGARD TO PARENTS' WISHES -- LEGISLATING FOR CHOICE IN RELATION TO SCHOOL ADMISSION -- SCHOOL ADMISSION DECISIONS AND THE LAW -- THE IMPACT AND EFFECTS OF CHOICE OF SCHOOL -- CONCLUSION -- 6 Special Educational Needs: Choice and Inclusion -- INTRODUCTION -- THE BASIC FRAMEWORK -- INCLUSION AND CHOICE -- CHOICE OF NAMED PLACEMENT -- DISPUTE RESOLUTION -- CONCLUSION -- 7 Educational Content and Cultural Pluralism -- INTRODUCTION -- INTEGRATION, CITIZENSHIP, MULTICULTURALISM AND EDUCATION -- REGULATION AND CONTROL OF SECULAR EDUCATION IN STATE SCHOOLS -- THE NATIONAL CURRICULUM -- SEX EDUCATION -- LANGUAGE AND LINGUISTIC RIGHTS -- RELIGION IN STATE EDUCATION -- THE INDEPENDENT SCHOOLS SECTOR -- ACADEMIES AND CREATIONISM -- CONCLUSION -- 8 Conclusion: Education, Law And Diversity-Goals And Challenges

Der vorliegende Beitrag vermittelt einen Überblick über die Schlüsselpolitiken, Trends und Kernprobleme des Bildungswesens im Vereinigten Königreich. In den ersten Abschnitten wird das Hauptaugenmerk auf dem Schulsystem in den frühen Unterrichtsjahren, d.h. den Pflichtschuljahren liegen. In den nachfolgenden Abschnitten geht es um die sich anschließende Sekundarschulausbildung und die Verbindungen zur Arbeitswelt. Das Vereinigte Königreich setzt sich zusammen aus den vier Teilstaaten England, Nordirland, Schottland und Wales, die sich in ihren Bildungssystemen zunehmend voneinander unterscheiden. Dort, wo es möglich und relevant ist, gehen die Autoren auf diese Unterschiede in den Systemen ein, insbesondere zu Anfang des Kapitels. In dem hier zur Verfügung stehenden begrenzten Rahmen ist es aber nicht möglich, die verschieden Rechtsgrundlagen jedes Teilstaats im Einzelnen zu diskutieren. Die Autoren konzentrieren sich daher im Wesentlichen auf England als dem bevölkerungsreichsten Teilstaat. (DIPF/Orig.)

In this contribution, the authors present an overview and discussion of the key policies, trends and issues in UK education. The focus in the initial sections is more on the school system of early and compulsory education. Later sections focus also on post-compulsory and higher education, and links to the world of work. There are four home countries in the UK - England, Northern Ireland, Scotland and Wales - with increasingly divergent education systems. Where possible and relevant the authors distinguish these systems, especially at the start of the chapter. However, it is not possible within space constraints to provide detailed discussion of the distinctive legislative framework in each home country and for the purpose of this chapter they have focused primarily on England, which is the most populous of the home countries. (DIPF/Orig.)

Grievances, disputes and education rights / Neville Harris -- Dispute resolution in education : roles and models / Neville Harris -- On the right track? : the resolution of special educational needs disputes in England / Neville Harris with Emily Smith -- Resolving additional support needs disputes in Scotland : contesting professionalism and rights / Sheila Riddell and Elisabet Weedon -- Rights and interests in the balance : special education and disputes in the Netherlands / Paul Zoontjens -- Where the buck stops : special education and dispute resolution in the United States / Charles J. Russo and Allan G. Osborne, Jr -- Resolving disputes about special educational needs : cross-border comparisons and reflections / Sheila Riddell and Neville Harris