Inclusion Now 50

Summer 2018 Issue 50

£2

A voice for the Inclusion Movement in the UK

e u s s i 50th

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Contents Editorial Another first for me! I would never have guessed that that being the Chairperson of ALLFIE would also bring this amazing celebratory opportunity to provide the editorial for its 50th edition of Inclusion Now. What an incredible achievement of over 17 years of sustained and focused work targeted at the realisation of inclusive education. Reading the first volume, it set out a series of questions, about what, why and how of inclusive education. It draws upon personal experiences and reflections, engages with teaching and learning practices, highlights legislative changes, reports on discriminatory practices, and offers international and global perspectives. Today, ALLFIE, can respond to those initial questions with determination because we are able to draw upon the numerous contributions that have highlighted this struggle for change. All of this could not have been 2 Editorial achieved without you.

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Cover star

Maresa McKeith updates us on her progress since Issue 1

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School Visit Tollgate Primary School, East London

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Voices for Inclusion 8 supporters give their views

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Snakes & Ladders A timeline of 50 issues

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RIP:STARS Young people researching EHCPs

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Mapping the Way Ahead Part 2 of last issue’s article

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Molly’s Path A home schooling plan

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Parents for Inclusion The future of the parents’ group

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National Education Union We speak to Mary Bousted & Kevin Courtney

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Legal Question Challenging funding decisions

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Whilst many of the contributions have had personal elements to them, I have lived through an important shift of emphasis for ALLFIE as an organisation. We have informed, lobbied and campaigned for our rights to inclusive education. Whilst there is serious work yet to be done, we have recognised that this is much more than attitudes. The struggle for inclusive education requires structural change, an openness to address the balance of power, to embed protective rights in our legislative and policy documents. We have strategically formed alliances, extended our reach across the whole of the education sector, adapted to using multiple technologies, engaged in critical debate, completed collaborative work, and more.

Inclusive education is not a choice, but a fundamental vehicle for human dignity, respect and celebration of difference. It requires a paradigm shift from ‘needs’ to entitlements, rights not charity, and nothing about us without us. In this 50th edition, you will read about … well I’ll leave this for you to find out, and only to say enjoy the snakes and ladders!

Happy 50th edition.

Navin Kikabhai

Young person’s voice From cover to cover Maresa McKeith appeared on the cover of the very first edition of Inclusion Now in Spring 2001 and is now a writer. We asked her to tell us about her journey.

he weeks in the Spring of 2001 were my T last few weeks at school. I had only been at the school for two years but in that time my self-esteem rose dramatically. I had moved into a school in 1999 where, for the first time, school teachers had believed in me. The teachers were excited by what I could do, I had effective assistance and was able to make friends, one of whom I am still close to. So Spring 2001 was the time I was preparing for my GCSEs which was wonderful after the struggles I had to access the learning I had craved.

It is eight years now since I left formal education and seventeen years since I left school. In that time my life has moved on because of my relationships.

Relationships with family, friends and assistants. The denial, in the education system, of the importance of relationships is a denial of what is important in life.

When I was at Further Education College, doing ‘A’ levels, two of my friends and I set up a team which we called ‘One For All’. We set ourselves up to help schools understand how important including ALL young people in mainstream education is and how possible it can be.

The three of us are very different from each other but worked well together. I was seen as having ‘high support needs’, Lucy has an impairment and needs help with carrying things etc and Lindsey is seen as not disabled.

When we started ‘One For All’ in 2003 we were asked into schools and did workshops for professionals in education. They seemed to want to hear what we had to say. We felt welcomed in for about five years. More recently I, with some others and the support of ALLFIE, went into a secondary school to deliver some training around the concept of ‘The Inclusion Assistant’. The school staff were enjoying us being there and would have liked us to continue, but we were not asked back again. Something had changed.

Since then I have offered to go into schools to talk about how important it is for all young people to be together in school. Initially there is usually interest but then, even with follow up, there is no response.

After I went to university. In one way I was a success as I had done well in GCSE and A level work and I loved the academic challenge but socially it was very hard.

Inclusion Now occasionally includes adverts for products, services, courses or events offered by other organisations. This does not imply that we endorse or support the products, services, courses, events or organisations concerned. Readers are advised to check details for themselves and make their own judgements. Inclusion Now provides an opportunity for the exchange of information. All the views expressed are not necessarily the views of ALLFIE, Inclusive Solutions or World of Inclusion. We reserve the right to edit articles.

Contact ALLFIE for advertising rates and policy.

Inclusion Now is available in audio or text format via email - see subscription form on page 19. You can search and view past issues online at www.allfie.org.uk/pages/inclusion-now.html

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Young person’s voice Everything was speedy and we had to invite ourselves into groups in the canteen and/or social areas so it was hard to make friends. The pace and my communication system did not match up. I did make some friends but they haven’t lasted.

our assistants, friends and allies, to enable the extraordinary to become ordinary.

The world is still When I left university I knew I wanted to get into so unaware. We the writing world. I had been to two creative writing must grow up classes before university but now wanted more. I together to stop was lucky enough to be asked to write a chapter for a the vicious circle of book from my ‘One For All’ days and I experimented segregation. with a few writing groups before I found a poetry It is about how group I jelled with. I was accepted as myself and I society sees wrote and we found ways of performing my poetry. questioning, about whether wondering is seen as At that time one of this group became my assistant, productive or not. For the Earth to preserve itself Jim. It has been my partnership with him that has we need to live differently, we need to be curious been crucial to my getting into the writing world about how this can be done. We need to wonder over the last seven years. about each other. If we can’t wonder how can we There are always people who want us to be think, how can we find new ways of living, how can included in life. I have been fortunate to continue to we get to know each other? I love to wonder, I love be invited to teach in the education department at to think about how we can use each other’s talents the university. We meet students who are studying and how to share without anxiety.

Getting into the writing world

education and many of them are enthusiastic about Friends are essential, our survival depends on including all young people but it is not easy being them.

Maresa McKeith employed in schools at the moment.

How we are included in the world depends on our relationships. The education students who have had disabled young people in their lives are often the ones who are enthusiastic about including all young people in school.

www.inclusive-solutions.com

My friend Brandon is also known to ALLFIE and has been in Inclusion Now. He is twelve years younger than me and encounters the same difficulties as I do. He says, “It isn’t possible to do anything spontaneously because so much needs to be checked out.” He also spends a lot of energy finding assistants, “It’s a lengthy process”, also training “takes ages and it is exhausting.” Brandon was at a mainstream school with mixed experience of making some friends but also of being bullied. Even now he finds a lot of people can be patronising and thoughtless.

At present it is not ordinary to need a high level of support and be part of the mainstream world. It is still seen as extraordinary and unusual. We need

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Nottingham Community Circles

School visit tollgate School visit ollgate Primary School in Plaistow, East London, has a reputation for being an inclusive school. Richard Rieser and Yvonne Brouwers visited to see how this works in practice. For Yvonne, who lives locally, this was an interesting opportunity to write about an inclusive school in her own community.

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Tollgate is a lively primary school with about 450 pupils and 14 classrooms. The site was quite restricted as they are currently building an extension to the 1930s building with a direct government grant to extend access. When completed this Autumn the whole campus will be wheelchair accessible with a lift. There is currently a long waiting list. Despite the ongoing building and crowds, we noticed no overly loud shouting or chaotic running. Katie told us that this is an explicit focus of the Headteacher and the result is a calm and peaceful school environment in which all pupils can feel safe and comfortable.

There is a separate “Family Centre” where parents and families are welcome to do different activities, like a coffee morning for parents of children with SEN. We met Vicky George, one of the family workers at the school. Her two older children are at the school and her 3 year old with ASC has started in the nursery. ”When he started he had no language.

Already he has 15-20 words and signs. Putting my child here it’s like a family. Very inclusive and every parent is helped from the beginning.”

Tollgate is a resourced school, with a specialism for children identified with Autistic Spectrum Condition (ASC). The school has 14 resourced places for children with ASC but there are twice as many children with ASC attending. There are a further 25 disabled children, including children with hearing and visual impairment, dyslexia, ADHD and global development delay. Altogether there are 54 disabled pupils, about 12% of the school’s population. They are proud to be the first mainstream school to have gained accreditation from the National Autistic Society.

The nursery has 40 morning and 40 afternoon children. Nursery, Reception to Year 6 and children with ASC are allocated to every class with a key worker. The school and its provision are rated by OFSTED as Outstanding.

Tollgate believes all children have the right to access the same opportunities as their peers and benefit from the modelling that takes place in a mainstream setting. All disabled children are therefore part of their mainstream classes and access the national curriculum, whilst their Individual Education Plan (IEP) addresses their specific areas of difference.

The school is a recognised Initial Teacher Training Centre. (https://tollgateteachingalliance.com/ ela-scitt) The advantage of this teacher training approach is the focus on inclusion, with five days of the taught course and placements in inclusive classes. With more than 40 schools in the Alliance, a job is guaranteed to all completing the course.

We were shown round by Katie Pugh, Assistant Headteacher for Inclusion and Sarah Emir, a Learning Support Teacher. They told us every child was allocated to a class and the aim was for them to spend as much time as possible in the classroom with their own personalised targets, supported by assistants. They have three fulltime learning resource teachers, 26 learning support assistants,

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School visit two speech and language therapists (one full time equivalent) and three behaviour mentors. Having a full time SALT greatly benefits the development of the children’s language and literacy.

Signalong to communicate and always has to teach other people signs before they can interact well with her. I feel that the whole community will benefit when the non-disabled children learn signing so Katie explained that pupils are only taken out of the they are equipped to communicate with everyone. classroom when the child themselves is distressed Signalong have recently developed a syllabus and and needs some time in a quieter space. Children accredited courses for schools. Perhaps this would with SEND spend from 100% to 20/30% of their be a good opportunity for the whole school to make Signalong a more serious part of the curriculum. time in the mainstream classroom.

Katie and Sarah explained the structure of support for the children with autism. The three learning support teachers lead three teams covering Lower (Reception to Year 2) Middle (Year 3 & 4) and Top (Year 5 & 6), monitor their progress and develop Individual Education Plans with three meetings a year with parents. The school does not use any one approach to ASC. Each child has an individual timetable depending on how much time they can manage in their mainstream class.

Visual timetables are used for all children with ASC. There are five spaces for withdrawal, small group work, one-to-one or chillout and for a wide range of interventions including messy play, speech and language, PECs, Proloquo2Go, Signalong, Colourful Semantics, Intensive Interaction, Attention Autism, Music Interaction, Sensory Integration, Life Skills and Lego Therapy.

This last was particularly popular, with mixed groups taking different roles to collectively build the model. Each of the children has their own task according to their ability and the children also form friendships this way.

The Green room, where children with ASC can go with a key worker, is a quiet space with stalls that cut out sensory overload. Next door is the Yellow room with tables for small group work, cooking facilities and a place where the class sessions can be broken up with snack time for children with ASC who need it. There is a sensory room and, until the building works, a soft play room. We were also shown a hall with space for minitrampolines, mats and blocks where physiotherapy and sensory integration therapies take place.

In every classroom we spotted one or more children supported by teaching assistants, sitting between their peers or alone at a table when that made them feel more comfortable.

We asked how the non-disabled children get on with those with impairments. The Learning Support Teachers felt that because they have all been in the same class since reception the children accepted and got on well with each other. They had assemblies and PSHE lessons on disability and the whole school engages in activities on World Autism Day. All children are together at registration, The children who are non-verbal learn Signalong (a assembly, lunch and playtime; we thought there system of signs derived from British Sign Language) was an opportunity for more formal circles of with a new sign to learn every week. I (Yvonne) was friends and buddying, which would enrich the offer especially happy to see this emphasis on teaching at the school. signs to all the children as my own daughter uses

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School visit There is a buddy system in the playground and Katie says that the pupils who have a disabled sibling are more understanding of disability, make friends more easily with disabled pupils and are their best advocates.

with which Ofsted were more than satisfied.

Headteacher Tom Canning told us that his passion for inclusion came from his experience at university in the eighties, where he came across a disabled person for the first time and noticed he was afraid We asked what role the class teacher takes and because he had never seen a disabled person were told they were responsible for the learning before and didn’t know how to engage with them. of all children in their class and planned and He thought how wrong this was and that disabled differentiated the work so it was appropriate for people should have the opportunity to go to each child. There is staff training every Monday mainstream schools all the way, just like himself. and Katie Pugh has at least a session every half He says he has been passionate about social term. The Teaching Assistants all complete the justice ever since. Therefore the motto of his school five day ACS training at the Tunmarsh centre with is All Children Are Welcome. They do not reject any certification. The school has access to a specialist disabled children. advisory teacher in the Borough’s Language The schools in this trust are academies and Communication and Interaction Service. they are all inclusive, which shows that being an We noted lots of effective teaching and innovative inclusive practice. Staff could not remember the last exclusion. Katie told us proudly about a boy on the autistic spectrum who came to the school nonverbal and on the P levels and now in year six he has progressed so much that he is doing SATS.

academy is not necessarily bad for inclusion as long as the attitude of the leadership is inclusive.

Tom explained that it is an advantage to be an academy, a school led system, as opposed to a local authority (LA) led system, because there is so much instability at the local authority. We could see Our impression of the school was that it was how it could be empowering in this world with its quiet, well ordered and work in every class was resistance against inclusion to be one of seven in a purposeful. The school was full of colourful displays trust of like-minded schools. of beautifully made art and craft work. And in the As we left we were impressed and wondered if art gallery there was wonderful art by the pupils Tollgate and the Boleyn Trust were the exceptions with higher educational support needs presented that showed inclusion can work in academies if the amongst all the other artwork. All children take part will is there. Sadly in far too many it is not. in school and class performances.

We are grateful to Tom and Katie for all the time It is expected all children go on out of school trips, which are tested beforehand for accessibility, though sometimes adjustments are made such as only going for the day on residential trips. There are many after school and holiday clubs, but we learnt that unfortunately transport often hinders participation. The only disabled students currently included in after school clubs are the ones whose parents can take them and pick them up.

they spent with us and to all staff and children who gave us a look in their daily lessons and activities.

When we said goodbye Tom surprised Yvonne by saying that, for years, he had enjoyed seeing her and her daughter Sterre cycle past on the tandem to and from Sterre’s secondary school and seeing her growing up. This made her feel that he was really interested in inclusion in the wider community, not just within his school.

What were the outcomes for the children with ASC? The school used the p-scales and National Curriculum Levels for the 14 Resource Base pupils to measure academic progress. The progress shown in all but two pupils was expected or above,

Richard Rieser, World of Inclusion & Yvonne Brouwers

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Policy and reform voices for inclusion We asked some leading supporters of inclusion to tell us what has changed since 2001 and about their aspirations for the future.

Julia Hayes, Educational Psychologist (IN33) ust like parents in J the UK, parents in developing countries want

their disabled child to be educated, but with many facing barriers like poverty, conflict and lack of access to schools, it is estimated that 90% of disabled children in low- and middleincome countries are out of school (UNICEF, 2014). Despite these challenges, I have worked with lots of committed NGOs and education ministries around the world, trying to support disabled children to gain a quality, inclusive education.

at a fast rate. The targets for schools are getting higher and higher and money is getting tighter.

My child does not matter to the ratings or the targets and will cost more for a school. So guess what? They don’t want him.

The term ‘inclusion’ gets talked about a lot, especially when a box needs to be ticked. Inclusion for me means so much more than that - it means equality, equity, belonging, value, humanity. To me, it is beautiful and involves, affects and benefits everyone. Do we really need to compartmentalise inclusion? Physical inclusion looks like this, racial inclusion like that? What about admitting there are no excuses for not including any child in their right to education, together with children with and without disabilities. Accept this and work it out. I am sure that this is cheaper, more cost effective and, most For example, I evaluated a great project in importantly, would improve wellbeing and health Afghanistan that went door to door to find disabled outcomes for countless children and carers. children in rural areas who were being kept in their homes to keep them safe from conflict. The project Disabled people aren’t just individuals, they have worked with the families and children, introduced families who are also often disabled by the system them to a classroom environment, before supporting due to lack of support for their caring role. I am one them to access their local schools (read more in of those people. I am affected by a segregated dual Issue 33, Autumn 2012). I am always reminded system as a carer because I have to fight to ensure that if people in countries with scarce resources that my child has the best possible chance of and huge challenges can make inclusive education reaching his full potential. This has a huge impact happen, then so can we. Progress might be slow, on my own mental and physical health because it’s an adversarial system. It is also a full-time job, which but we can make this happen! means I am unable to work in paid employment www.inclusioncreativa.com/ and contribute to my pension. If our outlook was to ‘include all’ the physical and social barriers would disappear. Would we need so many ‘special Adele Rose-Morgan, parent of Rhys (IN 48) services’? Would our future generation grow up to recently re-read the very support each other regardless of perceived need or first edition of Inclusion deficit? This is not a minority group – it’s massive!

Now from Spring 2001 Putting myself in my son’s position - what is it and felt downhearted. The really like to be seen as a ‘problem’ to be passed words I was reading were around and fobbed off in the hope that I will simply so relevant for us today, disappear? I am Adele and I have additional needs but I also feel that we are - in support, understanding and real, practical help. moving away from inclusion

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Policy and reform My positive traits (determination, passion, hope!) are perceived as very low value to the general population. How can I climb out of this hole and emerge feeling truly valued? How can I realise my full potential? Answers on a postcard!

Despite evidence of the appalling disproportionality in the number of SEND students who are excluded, the government has made no attempt to prohibit the practice. We must all campaign to demand that no ‘child in need’, or who is the subject of a child protection plan, or education, health and care plan, or is assessed as having social, emotional Derek Wilson, Educational Psychologist (IN and mental health needs should be excluded from 36) school. o politician ever stood up and said ‘Our policies are exclusionary Yewande Akintelu-Omoniyi, ALLFIE volunteer and privilege only the (IN 38) few’. No Headteacher ever began her parents’ evening eventeen years ago I was in primary school welcome by saying ‘We are under the Labour not an inclusive school’. government, getting ready Each wants their work to to go to secondary school serve the interests of all, the following year. The but this does not mean their practice achieves Labour government would this. Clearly ‘all’ does not mean ‘all’ in many of be in power for the next our schools and our education policies – ‘all’ eight years until I left school means ‘some’. after sixth form. During my Fifty issues of Inclusion Now (and counting) have time at secondary school, challenged this doublethink and shown us what I would say that I experienced integration, not inclusion means and can look like - anywhere and inclusion. We had many Disabled students in my school but I am sure many of them would say every day. that they did not have an inclusive experience.

ALLFIE and Inclusion Now– they’re here to prove For example, I spent a lot of time in school that all (still) means all - that full educational surrounded by my non-Disabled peers. However inclusion is a possibility we can live into. they rarely wanted to build friendships with me, which left me feeling isolated. Nevertheless www.inclusive-solutions.com/ being around non-Disabled students showed me what I could achieve in life, for example going to university, if the barriers I experienced as a Gus John, educationalist (IN 37) ne sure sign of the duplicity and hubris Disabled person were removed.

In contrast, under the coalition government it of government is became even harder to get a Disabled child into its apparent inability to mainstream and segregation increased as David consider the impact of one Cameron said he wanted to “reverse the bias piece of legislation or/ towards inclusion”. Also, Theresa May wanted to and statutory guidance on increase selective education. However, I do believe others that already exist. that we can still create more positive inclusive This is clearly evident in experiences in schools and push for proper the powers conferred on schools to exclude students, regardless of their inclusion in education. Inclusion can do positive rights being denied by whimsical, illegal and things such as raise aspirations. Awareness needs to be raised in schools of issues such as Disability inhumane exclusion practices.

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Policy and reform equality, and there needs to be an inclusive ethos in schools. This however, will take time but can be achieved if we work together with allies such as parents and teachers.

Louise King, Director, Children’s Rights Alliance for England he most significant T development since 2001 for The Children’s

Linda Jordan, Governor of Eastlea Community School, Newham (IN 45) Rights Alliance for England, s we celebrate the 50th edition of Inclusion is the UN Convention on Now I can’t help reflecting on my time as an the Rights of Persons with Disabilities (CRPD) elected member of Newham adopted by the UN in 2006 Council. Between 1988 and ratified by the UK in 2009. The CRPD builds and 1994 we closed six on the rights that all children have under the UN special schools and created Convention on the Rights of the Child by giving a culture which expected additional important rights to disabled children, disabled children and young including the right to an inclusive education. people to be included in While we still have a long way to go until the local mainstream nurseries, schools and colleges. It was a good time and ambition of article 24 is realised, the CRPD is all over the country there were debates about none the less an important tool for holding inclusion and a genuine will to make changes. government to account to ensure disabled Anti-bullying and anti-discrimination policies children and children with Special Educational were being developed and there was an air Needs can attend a mainstream school. of excitement that finally we could create an http://www.crae.org.uk/ education system where everybody is equally valued and free to be themselves. Sadly over the last fifteen years we have seen an erosion Linda Lascelles, CEO, Afasic of these values and a return to an elitist model % of children are affected of education where exclusion and bullying is on

by DLD (Developmental the increase. The narrowing of the curriculum Language Disorder) but, and a focus on distorted measures of “progress” shockingly, this is identified means that very many schools now think it is ok in only half of cases. This to say “You do not belong here”. This has led to is the consequence of a perception that more “specialist” schools are persistent attitudes within needed. Thank goodness we have managed to the education system, and stave of the worst of this in Newham and still society at large, that take language for granted. have a very low number of children in special So teachers are not trained to identify and schools. support children and language is not explicitly I want every school to be specialist so that they included in the curriculum. Instead, too many can welcome, nurture and love every child and children are simply labelled as underachievers young person in the community they serve. There and not helped to develop the skills that will is so much to do but we must remain optimistic enable them to reach their potential. A truly in the knowledge that inclusion is the only way inclusive system would actively teach children for the future. Best wishes for the future – keep the language skills they need to access the highlighting what is positive and possible and how curriculum, make friends, and achieve a successful transition to adult life. important it is for a healthy society.

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www.afasic.org.uk

50th issue inclusion snakes and ladders or this 50th edition of Inclusion Now we’ve created a timeline of major milestones reflected in the magazine, so here it is - as a game of snakes and ladders! See the next page - there have been gains and setbacks, so roll the dice and see where you get to.

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Issue 2 Summer 2001. The Special Educational “It will change the life chances of disabled people Needs and Disability Act (SENDA) becomes law “A throughout the world. It changed the way the turning point - a real boost to inclusion.” international community looks at disability.”

Issue 4 Summer 2002. Interview with Jackie Issue 18 Autumn 2007. Heading For Inclusion Downer about her education. “You must hope and Summer Conference. “We can not do without hope and dream and dream”. changes in the law but we also can not do without Issue 6 Summer 2003. British Sign Language is people dedicated to making changes in individual recognised as an official British language. “This is a children’s lives in school now.” milestone achievement for the inclusion of the deaf community.”

Issue 20 Summer 2008. The National Union of Teachers, the largest teaching union, votes for Issue 8 Spring 2004. Primary school found guilty inclusion. “Real inclusion demands a change in the of discrimination against pupil who was excluded way we learn and teach in our schools.” from the school Christmas play and other activities Issue 21 Autumn 2008. The Education and Skills because of disability. “This case is a landmark case Bill fails to address educational inequality for for families fighting for inclusion”. disabled learners. ”Access to inclusive education Issue 12 Summer 2005. Right to segregated with all necessary supports must be acknowledged special education proposed as human right at UN: as a fundamental pillar of equality and citizenship.”

“Beware….protest and ask the British Government Issue 22 Spring 2009. Apprenticeships, Skills, to defend disabled people’s human rights to Children and Learning Bill could lead to less inclusion.” inclusion. “We will be lobbying and campaigning to Issue 13 Autumn 2005. Victory at the UN as DPOs make sure that disabled students have access to all and NGOs argue for inclusion and against choice - mainstream education provision.”

“Pressure needs to be maintained for inclusion with provision which meets the needs of all learners.”

Issue 23 Spring 2009. UK ratifies UN Convention on Rights of Disabled People with reservations. “We Issue 14 Spring 2006. Education and Inspections are deeply disappointed that the government has Bill opens the way for privatisation of the education failed disabled learners so spectacularly by denying our right to be included.” system - “A major attack on inclusive education.”

Issue 15 Autumn 2006. A parent of a Disabled Issue 24 Autumn 2009. Global Conference on child explains why, with hindsight, separate special Inclusive Education representing 58 countries reschool was the wrong choice. “We realise now affirms commitment to inclusion. “The world is there is no miracle cure. The longer we focus on signed up to inclusive education for all - it’s official!”

the impossible the longer we keep our lives and our Issue 26 Summer 2010. The Coalition Government daughter’s life on hold”. propose to reverse the so-called bias in favour of Issue 17 Summer 2007. 17-year-old Miro Griffiths including disabled children in mainstream schools. witnesses the UK government signing the UN “The new government seems hell bent on turning Convention on the Rights of People with Disabilities. back the clock 40 years.”

/continued on p14

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Inclusion Snakes & Ladders - the ups and d Issue 45 Autumn 2016 UN guidelines confirm governments must phase out segregated education under Article 24. “This closes down much of the wriggle room governments Issue 43 Spring 2016 have been hiding behind.”

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New funding formula will lead to devastation of SEND provision and massive cuts in urban schools. “Schools have not faced cuts of this magnitude in the last 70 years.”

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Guidance on school exclusions makes it easier for headteachers to expel pupils. “Another turn of the screw for pupils who are disproportionately excluded from school.”

Issue 26 Summer 2010 The coalition government proposes to reverse the “bias” towards mainstream. “The new government seems hell bent on turning back the clock 40 years”.

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Issue 29 Summer 2011

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Issue 23 Spring 2009

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UN expresses d about UK go failure to imp rights of disa and says this h “human cat

UK ratifies UN Convention on Rights of Disabled People with reservations.

“The government has failed disabled learners spectacularly by denying our right to be included”.

SEN Green paper proposes parental choice, new special school academies and special free schools and breaks up 30-year consensus on moving to a more inclusive approach.

Issue 8 Spring 2004 Primary school guilty of disciminating against pupil banned from Christmas play and other activities: “a landmark case”.

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Issue 6 Summer 2003

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BSL recognised as official language. “This is a milestone achievement for the inclusion of the deaf community.”

Issue 4 Summer 2002

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Interview with Jackie Downer: “You must hope and hope and dream and dream.”

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downs of 50 issues of Inclusion Now

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deep concerns overnment’s plement the abled people has caused a tastrophe”.

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Issue 36 Autumn 2013

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Issue 35 Summer 2013

Draft SEN Code of Practice Austerity and welfare omits inclusive education reform are increasing guidance. ”Sadly the revised barriers to disabled Code and Regulations... will undermine disabled learners’ students in accessing mainstream education. access to mainstream education.”

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Issue 34 Spring 2013

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Issue 20 Summer 2008 The NUT, the largest teaching union, votes for inclusion. “Real inclusion demands a change in the way we learn and teach in our schools.”

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Numbers of children with SEN in mainstream schools are dropping as they are increasingly placed in special schools. “Inclusive education is under real attack from elitist education policies.”

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Issue 17 Summer 2007 17-year-old Miro Griffiths witnesses UK government signing UN Convention on Rights of People with Disabilities.

Issue 14 Spring 2006

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Education and Inspections Bill opens the way for privatisation of the education system: “A major attack on inclusive education.”

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Issue 2 Summer 2001 The Special Educational Needs and Disability Act (SENDA): “A turning point a real boost to inclusion”.

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Note: all text in this image is also in the accompanying pages

50th issue /continued from p11

Issue 29 Summer 2011. SEN Green paper proposes parental choice, new special school academies and special free schools and breaks up 30-year consensus on moving to a more inclusive approach. ‘We will need to keep inclusion as one of our goals for a good local school for every child in every area, rather than inequality of choice and privatisation”.

Issue 31 Spring 2012. Attempt to overturn law on inclusive education fails at Court of Appeal. “This underhand conspiracy to change the law against inclusive education has been seen off”.

Issue 34 Spring 2013. Figures show that for the first time in years the number of children with SEN attending mainstream schools is dropping as they are increasingly placed in special schools.

“We believe inclusive education is under real attack from elitist education policies”.

Issue 36 Autumn 2013. Revised draft SEN Code of Practice accompanying the Children and Families Bill omits inclusive education guidance. ”Sadly the revised Code and Regulations, like the Bill, will undermine disabled learners’ access to mainstream education”.

Issue 37 Spring 2014. Professor Gus John, chair of Communities Empowerment Network, criticises education reforms. “Current education reforms are logical given the type of society the government is seeking to build. It is one of rampant individualism, greed, xenophobia, and a shameless attack on the poor and marginalised”.

Issue 39 Autumn 2014. The International Society for Augmented and Alternative Communication, ISAAC, is accused of flawed methodology in rejecting Facilitated Communication. “This outcome appears to have been contrived to protect the power of professionals and academics while ignoring the rights of communication for disabled people using FC”.

Issue 40 Spring 2015. ‘Clarified’ guidance on school exclusions makes it easier for headteachers to expel pupils. “Yet another turn of the screw for pupils who are disproportionately excluded from school, particularly black pupils and pupils with SEN”.

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Issue 42 Autumn 2015. A House of Lords select committee is to review the impact of the Equality Act 2010 on disabled people. “The Act misses the opportunity to ensure disabled students have an absolute right to mainstream and that the support required to participate in learning is guaranteed.”

Issue 43 Spring 2016. A new funding formula will lead to devastation of SEND provision and massive cuts in staffing in urban schools. “Schools have not faced cuts of this magnitude in the last 70 years.”

Issue 45 Autumn 2016. New UN guidelines confirm governments must phase out segregated ‘special’ education under Article 24 of the Convention on the Rights of Disabled People. “This closes down much of the wriggle room governments have been hiding behind”.

Issue 46 Spring 2017. The government launches a review on residential special schools and colleges.

“The review fails to ask the fundamental question: do we need these special schools and colleges if there is great local inclusive provision?”.

Issue 47 Summer 2017. Allfie gives evidence to the UN on slow progress on disability rights. “The British government since 2010 has moved backward against nearly every article in the Convention on the Rights of Persons with Disabilities including Article 24: The Right to Inclusive Education.”

Issue 48 Autumn 2017. The UN expresses deep concerns about the UK government’s failure to implement the rights of disabled people and says the approach has caused a ‘human catastrophe’.

“We discover that the world has been listening and, better than that, has seen though the nonsense spouted by this government in the name of austerity and greater autonomy for education providers”.

Issue 49 Spring 2018. The government review of residential special schools and colleges upholds the view that such settings will be in the ‘best interests’ of some disabled children. “Why are Lenehan & Geraghty not shouting from the rooftops that the ongoing institutionalisation of disabled children because of failings by the state is nothing short of a national disgrace?”

Belinda Shaw

Young person’s voice “Plans made for us, not by us” e are a research team called RIP:STARS. This stands for Research into Plans: Skilled Team with Ambition, Rights and Strength. We are all disabled young people aged 16 to 25 and we are from Coventry.

sessions where we have learnt about our rights under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). Before this project we had little information about our rights as young disabled people, but We have been funded by DRILL (Disability Research now we have carried out some research on Independent Living and Learning)/Big Lottery and learnt about rights and EHC plans, to research the quality of Education, Health and this makes us feel empowered.

Care (EHC) plans, and whether they meet disabled children and young people’s rights. We also want We have also learned about the Social Model of to find out whether plans prepare disabled children Disability. This means not seeing young people just and young people for independent living and help as a label such as autism or dyslexia, not treating them achieve their dreams for the future. We are everybody with that condition in the same way, interviewing professionals, parents/carers and and always focussing on the negatives of disability disabled young people to see what a good plan rather than the positives. We are now using the should really be. Coventry University are training Social Model in our research. us in research methods and helping us with However, we now feel angry because through the research. We are also working with ALLFIE, our research we have found out that in reality we Nottinghamshire and Coventry local authorities, cannot make a complaint or change our EHC plan Zara Todd and Grapevine Coventry. without a legal process. We are also angry because

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Our project is about improving EHC plans and how they are written. It is also about improving access to support within EHC plans and raising awareness of disabled young people’s rights. Often young people and their parents do not know that they have rights as children, and as disabled people. We want to make sure that disabled young people have a real say about what is in their plan.

we have found that EHC plans are not always carried through correctly. For example, disabled young people are not always involved in their plans and do not get a real say into what is in them.

By the end of this research we aim to break down the barriers associated with disability and highlight the positives about it. We are using all the information in our research project to help and support young This project is also about making our voices heard people with their EHC plan to make sure they have and becoming empowered as young disabled a good plan, and they know what it should include. people. ALLFIE and Zara Todd have given us training A good plan should include and support a young person’s skills, strengths, ambitions and rights.

We will be publishing our research this autumn and developing resources to help disabled young people and their parents achieve plans which meet their rights. If you would like to come to our launch or hear more about our research please contact Anita Franklin, Coventry University anita.franklin@ coventry.ac.uk

Ben from RIP:STARS meeting ALLFIE CEO Tara Flood

Written by Eva, with Jordan, Tom, Heidi, Vandana, Ben & Ryan 15

Policy and reform mapping the way ahead Following on from our article in the last edition about the current assault on inclusion, we look at what needs to change in the education system. here is considerable evidence from research in the UK and around the world that including disabled children and young people with the full range of impairments is successful, particularly where well planned and funded and staff are well trained. I have been observing and filming inclusion working across the UK and beyond for the last 30 years and I have witnessed children with multiple impairments being successfully included. It boils down to attitudes and where there is a ‘can do’ attitude it can happen in all sorts of environments. But even where this does not occur, disabled students do better in all ways compared to those segregated into special schools. This is the case for those with cognitive, social, emotional and mental health impairments, as well as those with physical and sensory impairments.

And yet despite the doom and gloom about the turning back of the clock on inclusion, ALLFIE continues to hear about schools that are developing inclusive education practice and enriching the lives of their pupils and students, such as Eastlea Community school in Newham, Emersons Green school in Bristol and Blatchington Mill secondary school in Brighton are all bucking the trend away from inclusion by continuing to value each and every one of their students.

2017 manifesto committed to developing a National Education Service based on inclusivity.

Considerable work needs to be done both within the Labour Party and with the general public to raise understanding and commitment to inclusive education. The current cuts in school budgets are hitting inclusive practice towards disabled young people particularly hard with cuts in teaching assistants, small groups, reduction in bought-in specialists and growing class sizes.

Interestingly these are not dissimilar from ALLFIE’s seven principles for inclusive education.

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The UN Convention on the Rights of Persons with Disabilities (UNCRPD), ratified by the government in 2009 must become our roadmap for inclusive education. Article 24 of the UNCRPD and the follow up General Comment No.4 set the tone for the paradigm shift required to get us to a place where inclusive education is not up for discussion, but is a reality for every pupil and student. The General From 1997 to around 2004-2006 the Labour Comment No. 4 sets out the requirements for government had a policy of inclusive education but change which include: they did not defend it and allowed it to be undercut. • A process for addressing and responding to the The pressures of the Tories’ Standards Agenda, diverse needs of all children. reduction in central support teams, high stakes testing and the wish of special schools to expand, • A recognition that all children can learn. all undercut the policy and the Labour Party did not • Identification and removal of barriers. know how to develop and defend it. The Coalition and Tory governments had a commitment to end • Presence, full participation, accessibility, attendance and achievement of all students, the ‘bias to inclusive education’ and a moratorium especially those excluded or marginalised. on special school closures.

Whilst the Conservatives remain set on turning • The building of positive relationships, friendships and acceptance. the clock back on inclusion, Labour in their

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Last summer the UN Disability Committee scrutinised the UK government’s implementation of the UNCRPD. Their Concluding Observations document highlights that the UK government’s approach to disabled people, including disabled children and young people, is causing a ‘human catastrophe’. The phone calls ALLFIE receives from parents almost everyday confirm this to be

Policy and reform true. The committee have set out a number of and assessment review based on principles of recommendations that if implemented would inclusive education. deliver a truly inclusive education system – placing • Challenging disablist bullying and exclusions. the rights and support requirements of all pupils Introducing disability equality into the and students at its heart. curriculum for all.

The key recommendation for ALLFIE is the • Mandatory competencies on inclusive education committee’s requirement that the government on all Initial Teacher Training. develop a comprehensive and coordinated legislative and policy framework for inclusive education and • Requiring all serving teachers to undertake twin track training on the inclusion of disabled a timeframe to ensure that mainstream schools children/students. foster real inclusion of children with disabilities in the school environment and that teachers and all • Developing and funding more inclusive other professionals and persons in contact with approaches to 19-25 education and training, children understand the concept of inclusion and linked to concrete measures for preparing for are able to enhance inclusive education. adulthood.

Such a framework would need to focus on building • Restoring and developing the Disabled Students real aspiration for all our children and move away Grant in higher education. from sticking with what we know in terms of existing and traditional practice and policy that sees We will need to convince staff and parents that Disabled children & young people as the problem. another inclusive way is possible and practicable. We need to convince government and local authorities We need to reach out to parents, particularly those that running both a special school and mainstream parents who are gathering together locally across system is not cost effective. It is also wasteful of the country to challenge the cuts to vital SEND young people’s potential. As we transition from the support services. current situation to an inclusive system, capacity Developing a legal, policy and practice plan that building will be crucial. Many more resources and takes us from existing education arrangements to a expertise can be released to make inclusion work, system that is based on human rights and inclusion provided high stakes testing is dismantled and is the firm foundation to this transformation, and at children’s happiness is put at the heart of learning, the heart of that is the work that needs to be done with a curriculum for all. to develop confidence in inclusion among teachers We need to move away from schools competing and support staff, parents and young people. That against each other and instead celebrate good plan should include: inclusive practice and share the learning. We need to learn from the aspiration in other education • The removal of the UNCRPD Article 24 systems such as Finland where a belief in the value reservation. of all children hasn’t damaged their PISA ranking • Developing and implementing a National because they value academic and vocational Inclusion Strategy with a commitment to make learning equally. Also many areas of Canada which education settings fully accessible in 5 years. have not had special schools for decades…. there • Developing a longer term financial and are many other countries that are embracing the organisational structure that incentivises the possibility of inclusive education. The UK needs to development of inclusive education practice at take a deep breath and do the same! all levels of education.

• Replacing league table culture with moderated teacher assessment.

• Setting up a teacher-led national curriculum

Richard Rieser, World of Inclusion & Tara Flood, ALLFIE 17

Parent voice molly's path ack in 2005 Molly was 11 years old at her secondary school transfer stage. She had had an additional year in nursery class at her local mainstream primary school. Initially we had been of the view that Molly would transfer to our local mainstream secondary school along with the majority of her class mates and friends.

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with ‘special educational needs’ were inspiring.

We were fortunate that the SENCO at the primary school was a great ally and advocate. We had planning meetings with her to put together our ‘strategy’ and ‘presentation’ for the impending interview with the SENCO at secondary school.

We felt confident, having seen how beneficial inclusion was, not only for Molly but for the whole school.

Our first step was to ask Colin and Derek of Inclusive Solutions to do a PATH for Molly. And so, the summer in which she left primary school we gathered together, friends, family and allies and together created a beautiful PATH for her and a great support mechanism for us.

Looking back now we can clearly see how seeds for the future were planted. It was not only beneficial for those first tentative steps away from the ‘system’ but also as a reference point in moments of being stuck or bewildered and a validation of the choices we made to ensure Molly continued inclusion.

The interview did not go well. The secondary school SENCO was not inclusive, she was unimpressed with Molly’s achievements, with the tools and strategies the primary school had implemented, unimpressed that behaviour in her class had improved because she was a calming influence, unmoved by the fact that her friends were transferring to the school and that continuity would be hugely supportive to her. In fact the first question she asked us when we had presented our views was “Can Molly line up?”

By then the secondary school had made Molly an offer to attend for just one hour per day. Needless to say, we said “no thanks”. And laughed all the way home to begin planning how we would provide an education for Molly that would support her growth as an individual and as part of her community.

It took time for us all to adapt. There was grief of the loss of the familiarity of her routine and regular contact with friends. There was no support, there was monitoring– which we were able to handle because I knew the system and the people doing the monitoring. It took time We had to reconsider what next for Molly. Special to trust other parents in the home ed community. school was not an option. The local Steiner school Largely, parents did seem to be inclusive. But I to my surprise was also not inclusive. So what next!? felt isolated without the network of support I had created while Molly was in school. Molly adapted I happened to bump into a parent I had previously better and quicker than me and my husband! Over supported some years ago when she was battling time she and I made some good friends which led to get her son into her local primary school. We us to going to a Home Education Summer Camp in exchanged our stories of how things were working West Wales. A few years later we moved there. out or not and she asked me if I had considered This really is an inclusive community. Molly has an Home Education. I had not. I hadn’t heard of it. awesome social life. She has freedom of movement I went straight home and began my research. I and self-expression in abundance. We know that looked into the aspects of the law and parent rights. when she goes out with her friends she is safe, I looked into what support was available for a child people look out for her, they care about her, they with a Statement – none as it happens. I then love her company. Our lives are abundant now and looked at the Education Otherwise website and I full of hope for her future beyond us. was thrilled. The stories from parents of children

Angie Northwood

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Parent voice Parents for Inclusion: the Big Handover Event t is strange that a simple idea - disabled Itheir children growing up and learning together with brothers and sisters - should have sent

shock waves through the education system.

The world would end, chaos would reign, and no child would get a good education ever again.

This was the attitude many experienced when Parents for Inclusion (PI) started. Margaret Gault, Joe Cameron, Diana Simpson and other parents came together to build a campaign for ‘integrated’ education as it was then known.

The Warnock Report (1981) had enabled local authorities to put physical support in the form of learning support assistants, teaching and curriculum support into mainstream schools to allow children with SEN to be included.

For 30 years PI brought together parents struggling to keep their children away from segregated services and disabled adults who felt they had been damaged by segregation. Disabled people brought to the parents an analysis of the real problem they were facing, an oppression, not a personal problem.

Parents and disabled people wrote and delivered unique training courses for parents and potential allies, always starting from the viewpoint that the child was not the problem, built a peer support helpline and developed innovative school-based support groups. In encounters with PI many parents were asked to say what they loved about their child for the first time. It was revolutionary.

comment was that the school benefited more than the child because all they had been taught and the changes required made school life better for all.

PI was not able to raise enough financial support and in 2014 we had to close our office and lay off all staff. But we are needed more than ever. The adult children of the first PI parents are proof that inclusion from early on leads to better, richer, more connected lives - not perfect, not even happy all the time, but more meaningful and influential lives.

We who are still connected to PI cannot allow this door of opportunity to close behind young people. It is time to transform ourselves from a small charity to a voluntary network of parents, disabled people of all ages, professionals and the ‘army’ of retired people who have a wealth of experience to share.

At this event ‘our’ grown children will speak about their current lives, parents will report on their current struggles and ways of dealing with them, visitors from Germany will be describing how a PI inspired project operates in another country.

There will be opportunities for people to network and link in with one another on themes and projects of current interest and urgency.

There will be a celebration of people connected to PI in the past and the present, food, music, poetry and fun.

By the time you read this the event will have happened.

Children whose parents founded and found PI grew up with parents as allies in their struggle against If you are curious to find out more of what did happen ‘disablism’ and with role models of disabled adults and how you can link into this network of disabled people, parents and allies join the Facebook group taking the platform, living good, meaningful lives.

Parents for Inclusion. The Facebook group is the Many schools began to open their doors to children most immediate place where we come together they had previously felt unable to teach. Teachers virtually to continue the work. You are welcome to learnt on the job what inclusion really means, mainly join! from the children themselves. The most common

Micheline, Cornelia & the PI team 19

Policy and reform united together for inclusion ichard Rieser interviews Mary Bousted and R Kevin Courtney, joint General Secretaries of the new National Education Union (NEU) about their interest in inclusion.

Q: Since 1996, the NUT has supported inclusive education. With a rising number and proportion of children with EHC plans attending special schools, what are the current threats to this policy?

Kevin: ‘The NUT takes into the NEU a serious intention to make the experiences of children and young people with SEND a significant policy and campaign focus. There are serious threats to the ability of schools to develop inclusive practice, and this is directly because of government policy, so it’s high on the list of what we want to work on.’’

Q: 91% of schools will experience a budget cut this year. Many heads will be in a difficult position: not wanting to lose courses or teachers. Too often choices made have a disproportionately negative impact on support for disabled pupils. What can be done to counter this trend?

Q: Tell us about ATL’s commitment to equality and You’re right that head teachers are being put in an how that includes inclusive education? impossible position - to cut staff, courses, outings, Mary: ‘’The ATL has a longstanding policy focus on clubs or enjoyable music and sport activities. children with SEND and their rights. I share Kevin’s Heads have been speaking out in growing numbers desire to make sure the NEU shapes the future of within our Funding Campaign. The risk for children education. We want success and respect for every and young people with SEND is immediate, and child; we want barriers to access taken away; we terrifying. Without the funding needed, children want a curriculum that enables every child to reach with SEND won’t access the curriculum; they won’t their potential and to reform the accountability get what they should be entitled to; they will get a system which currently undermines inclusion.’’ narrower range of experiences, and they will lose Q: Many disabled children and young people stand the chance to reach their potential. It’s not fair; to be negatively affected by school funding changes which is why parents of children with SEND are (eg AWPU and the removal of ring-fencing). What joining teachers, heads and governors to speak out. We want to build an even bigger campaign. can the NEU do to challenge and change this?

The NEU is proud to be concentrating on an urgent funding campaign, started by the NUT and the ATL before amalgamation, which has brought parents, communities, MPs, and unions together to call the government out on its damaging cuts. We put education funding on the map in the general election and we’ve kept the issue high on the agenda ever since, securing an extra £1.3 billion for education from the DfE budget. But the cuts continue, and the huge under-funding for SEND is becoming apparent. We’re making the SEND cuts a major focus of our campaign, as too often SEND provision is the first thing to be cut. We urge all your readers to get involved at SchoolCuts.org.uk.

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Q: Exclusions have been rising, including a disproportionately high number of disabled children. The government has announced an inquiry into exclusions. What recommendations can NEU make to address this problem?

If teachers aren’t given professional freedom to make the curriculum interesting and engaging; if schools aren’t given budgets for pastoral support and mental health counselling; if schools are forced to teach to the test and drill students for numerical targets, then schools simply won’t be accessible for many students. Disaffection, exclusion, school phobia, self-harm, child poverty are all on the rise. The government is proud of its over-testing;

Policy and reform in denial over its funding cuts and ignorant of the link between high stakes accountability and rising exclusions. Exposing the impact of cuts to SEND provision on individuals and families is a priority for the NEU - we released figures about the 4,000 children with SEND with no education because of the cuts imposed on LAs and have been highlighting the stories of “invisible children” lost in the system.

Q: There appears to be a structural conflict between the “presumption” that disabled children will enter mainstream education and the perception of some heads that this may adversely affect their targets and results. How should targets and school success be recalibrated to improve the rates of SEND?

much harder to share this practice if you fragment the education system. The plans for a National Education Service could be the way forward on reversing this.

Q: The government is far from meeting its human rights commitment under Article 24 of the United Nations Convention on the Rights of Persons with Disabilities. How can the NEU be part of making them implement their commitments in this area?

The UN Convention on the rights of disabled people gives life to some deeply important principles. It places expectations on national governments that can be very effective lobbying tools. They remind us that the goal must be independent living and The way we hold schools to account undermines respect for the human rights of disabled citizens. inclusion. Schools should be accountable to children Trade unions must promote the social model. We and their parents/carers but we need to value, and must negotiate with government and employers capture, all the ways schools contribute to children’s to take away the barriers to disabled people’s full lives and development. The high stakes system participation in work, in society and in trade unions. turns children into numbers. The huge pressure to Q: My final question has to do with disabled get every child to fit a standardised system means staff, many of whom are experiencing increased schools are driven to focus on the demands of pressure. Very often, when they approach the union the tests rather than the individual needs of the for support, the outcome is that they leave the child. Children with SEND, summer born children, profession with some sort of financial settlement. children with EAL - all lose out disproportionately What could the NEU do to support staff in ways that in the exam factory culture conjured up by will help them remain within the profession.

Government policy. The inquiry recently launched by the Education Committee into SEND gives us The current situation for NEU members is serious. an opportunity to push for investment in children Funding cuts, targets, testing and excessive with SEND, professional development for staff and workload are making too many question whether a collaborative system based on schools working they can stay in education. Workload levels are together, not in competition. Children must not be directly jeopardising teachers’ mental health. It is denied the education they are entitled to due to getting harder to develop a diverse profession or to retain disabled teachers. Teachers with pyhsical or institutional self-interest. mental health conditions pay penalties because of Q: We know disabled children and young people are discrimination; many don’t progress fairly in terms a focus of bullying which can contribute to them of pay and promotion. The NEU will continue to transferring to special schools. What can teachers, work hard to represent disabled workers. In order schools and the Union do to address this problem? to challenge harassment and discrimination, the There’s no magic bullet. Schools need clear policy, NEU needs a representative in every school and real commitment to support every child and space members working together collectively. That is our to develop strategies like restorative justice and vision - to bring members together, collectively, to cross curricular projects. Relationships between make change happen in their school, but also, to staff and pupils are so important. If we value welfare connect them together to make change happen and inclusion we should reduce class size, and nationally. The National Education Union is well invest in counselling and pastoral systems. These placed to reclaim the promise of education: that are all casualties of funding cuts. Many schools working in education should be, and can be, the have developed effective approaches but it gets best job in the world.

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Legal question

“

As a parent of a 10 year old disabled child I am concerned about local authority proposals to remove the SEN unit from one mainstream school and reduce the number of SEN pupils in other mainstream schools. There are proposals to increase special school placements by establishing two free special secondary schools and increasing special secondary maintained and academy school placements. I am worried what this will mean for my disabled child who will be making the transition to secondary school. What can I do to legally challenge this direction of policy where disabled pupils will find it harder to access mainstream education?”

What does the law say?

There are two relevant legal duties on the local authority that you should be aware of. The first is known as the mainstream school presumption.

What this means is that even if a child has a Statement of SEN or EHCP, they must be educated in a mainstream school unless an exemption applies to this. The exemptions are that it is incompatible with the wishes of the parent, or the provision of education of other children.

Local Authorities can reduce the number of school places available if for example, they have a surplus of places which are never filled.

However, if they are doing this because they are increasing the number of special school places available, and expecting SEN pupils to attend them instead, they could find that they are in breach of their duties to ensure sufficient school places are available in the area as well as complying with the mainstream presumption.

The second duty is that Local Authorities have to make sure there are ‘sufficient schools’ in the area of the Local Authority. In order to comply with this duty, they have to make sure that school places available offer all pupils ‘the opportunity of appropriate education’. This means that the places need to vary for different pupils’ ages, abilities and aptitudes.

What can I do if the LA is trying to make my child move from mainstream to special school?

How do these duties help in this situation?

These duties mean that if a parent wants their child to be educated in a mainstream school, the Local Authority has to facilitate this unless the Local Authority can demonstrate that to do so would be incompatible with the education of other children. This, therefore, means the Local Authority should ensure that there are enough mainstream school places available for children with Statements of SEN or EHCPs.

If your child has a Statement of SEN or an EHCP, the Local Authority should not try and change their school placement without formally amending this. Once they have taken the steps to formally amend this, you will have a right of appeal to the First-tier Tribunal (Special Educational Needs and Disability). If you are not happy with the placement named we recommend you use this right of appeal. If this is an issue which is impacting on a number of parents or has the potential to, you might also want to consider seeking legal action to see if anything can be done to prevent these changes to how the Local Authority ensures it has sufficient school places for children within its area, and particularly those with SEN.

Samantha Hale Samantha is an Associate Solicitor with Simpson Millar and specialises in education, community care and public law. www.simpsonmillar.co.uk

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This magazine is published by: The Alliance for Inclusive Education (ALLFIE)

A national campaigning organisation led by disabled people. ALLFIE works to change laws, practices and procedures which discriminate against disabled young people and prevent inclusion. ALLFIE works together with allies to build a social climate in which everyone has a valued place.

336 Brixton Road, London SW9 7AA Tel: 020 7737 6030 Email: info@allfie.org.uk Website: www.allfie.org.uk

In collaboration with: Inclusive Solutions

A team of psychologists and associates who specialise in cutting edge practical strategies and ideas for developing effective inclusion in local mainstream schools and communities. We work with anyone who wants to bring about the real systems changes that are necessary to move towards a truly inclusive society.

Tel: 0115 9556045 or 01473 437590 Email: inclusive.solutions@me.com Website: inclusive-solutions.com

World of Inclusion

A consultancy that provides advice, resources and training in the UK and around the world to develop equality for disabled people especially in education. Richard Rieser is an expert disabled international equality trainer, consultant, film maker and writer and teacher.

Basement, 78 Mildmay Grove South, London N1 4PJ Tel: 020 7359 2855 or 07715 420727 Email: rlrieser@gmail.com Website: worldofinclusion.com

DISABLED PEOPLE, PARENTS AND ALLIES, WORKING TOGETHER to educate, facilitate and empower everyone who wants to be part of the growing inclusion movement. Together we want to bring down the barriers so all young people can learn, make friends and have a voice in ordinary school and throughout life. For each and every young person, this is an essential human right.

ALL MEANS ALL