Inclusion Now 53

Summer 2019 Issue 53

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A voice for the Inclusion Movement in the UK

Contents 2

Editorial

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School Visit

Editorial What I like about Inclusion Now is that it does not present a rose tinted view of inclusive education - it reveals it as it currently is. Inclusive education is a clear goal but disabled people have complex struggles to get there, as Inclusion Now reveals.

West Lodge, Harrow

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Including Ethan One family’s story

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A primary school details how to build capacity for greater inclusion. This involves developing skills with teaching and support staff, an inclusive curriculum across the whole school and wise leadership.

School Accessibility Plans Research update

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Campaign News

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School Exclusions

Many parents don’t see segregation as an option.

Ethan’s parents told us, “we never had any doubt that Ethan should attend a mainstream state funded school”. But what you feel is right is not always available, even when the school is designed by a famous architect: “a new build by Richard Rodgers, but the lift was too small”. This is an important message: “experts” are only effective if they engage with people who will use their service.

Update on the Timpson Report

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Katie Matthews’ Story From mainstream school to NHS England

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Colleen Johnson The NEU’s disability representative speaks

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We have a reassuring piece from Colleen Johnson of the NEU, articulating the importance of a collective challenge to disability discrimination.

We also have a summary of the Timpson Report on exclusions. The alarming number of exclusions demands immediate action from us all and is one reason for the National Crisis marches around the country, which are to be applauded.

Legal Question Funding cuts

Inclusion

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Then there is Katie Matthews’ account of mainstream school; she could not withhold her delight at her academic success, eventually securing a job she loves. School however was not always comfortable - “I was still a loner that no-one talked to”- illustrating that we can’t “give inclusion” to individuals, individuals have to “feel included”.

Armineh Soorenian gives us a glimpse into her research on schools access, with professionals and parents reporting disabled children being unlawfully turned away: “one headteacher... said he could be instructed to take our child, but he’d prefer not to”. ALLFIE knows inclusion works - this child will make an important contribution to the school. We should all be working to ensure this disabled child is welcomed in their school.

Joe Whittaker 2

School visit

Visit to West Lodge Primary School SEND support. The school is one of three primary schools in Harrow with resourced provision for children on the autistic spectrum. Kaleidoscope has eighteen places, all for children with EHC Plans, and has been custom built with three low distraction classrooms, its own play area, a soft play room, a sensory room, a life skills room and a therapy room. The central corridor doubles as a sensory circuit.

As Headteacher Jim Dees explained, the vision of the school is that each child finds the spark within them, which continues to grow, igniting the spark in others – but crucially this must all start with

est Lodge Primary School in Pinner in the W Borough of Harrow is an inclusive, diverse and high achieving school. Set in spacious grounds, this is a three form entry school with 648 children from reception to Year 6. 5.9% of pupils receive free school meals indicating that the school is in an area of low deprivation. The school has gained a reputation for being inclusive and has worked hard to develop a culture which is attachment aware and trauma informed. The school has a large number of pupils who are adopted from care – in fact the highest within the local authority - and has 34 pupils with an EHCP, 3.25 times the national average for a mainstream primary school, with a further 46 on

understanding and acceptance. The whole school is on a continuous learning journey with a rich and broad curriculum adapted to meet all learners.

Pupils are encouraged to be autonomous learners and guided to making choices that ensure they are challenged. In 2009 the school was formed by the merger of a first and middle school. Set in spacious grounds they have a number of additional spaces that can be used for a variety of interventions covering social skills, play therapy, counselling and targeted intervention linked to specific subjects.

The school also has a music, art and technology room.

Jim did his initial teacher training in the London

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School visit Borough of Newham, with placements at Selwyn Primary School in Plaistow and Scott Wilkie Primary School in Custom House where the inclusive approach rubbed off. Jayne Grant who featured in our last issue was SENCO here until last July and was a strong advocate of inclusive practice.

The school has a positive reputation for working successfully with SEND pupils. As with all schools the SEND provision is threatened by budget reductions. These were due to come in last month and were successfully fought off by the school, but a reduction of approximately ÂŁ80,000 in the funding for pupils with an EHCP is due to come into force in April 2020 due to changes introduced as part of the National Funding Formula. Under the formula, schools will receive a notional amount for SEND pupils based on deprivation indicators rather than actually following the specific needs of individual pupils. This will provide a huge challenge for the school.

Jim was keen to point out that Kaleidoscope was not a unit but a flexible resource base where each child has a personalised timetable. The children with the most complex needs spend a high percentage of their day within Kaleidoscope, with a few children spending all day, but most were on a timetable where they spend varying amounts of time in their mainstream classes. All the Kaleidoscope children are on the register of a mainstream class, starting their day there. A lot of work is done across the school on building relationships with buddies, playground PALs and many other opportunities. The school is a Rights Respecting School utilising the UN Convention on the Rights of the Child. Jim explained how under the guidance of the Kaleidoscope Lead the school has made a subtle progression from being autism aware to autism accepting. At a recent autism acceptance day, classes were taught at age appropriate levels about autism, and children on

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the autistic spectrum were encouraged to share how they feel. Alex Revens led a very well-received session for parents on autism acceptance in the evening. In the last year the school created a new post of a pastoral assistant; Caroline Kinsella who was previously a TA at the school but has specialised in dealing with attachment issues was appointed.

Caroline has led whole staff training in this area and she works supporting around ten pupils and families from across the school in a variety of ways – including helping to provide flexible timetabling to facilitate active engagement and access to the curriculum.

She is funded out of the Pupil Premium to work with the high number of children who have been adopted from care and others with social and emotional issues.

Assistant Headteacher Hilary Haines took me on a tour of the school which, like many 1950s built schools, was not very wheelchair friendly. We went first to Kaleidoscope where Alex Revens, the lead teacher of three, is backed by six learning support assistants. Each child has an individual workstation with three trays of work for the day in literacy and numeracy. They tend to work in short bursts on this, backed by flexible use of the sensory circuit, social skills group work, daily Attention Autism sessions, other specified activities and outdoor play. Each child has their own visual timetable, and a behaviour policy with a rewards and consequences (not sanctions) system operates here and across the school.

All staff within Kaleidoscope are Team Teach trained and have developed a range of de-escalation and positive handling techniques. When accessing the mainstream class the resource base children also have individual workstations. As we went around the school, we saw children from the resource base working with their peers and this is encouraged with flexible support from the resource base; the school

School visit are on a continuous journey of building capacity and skills across the school. For example a Year 3 girl was keen to show us her science experiment demonstrating that a plant with fewer leaves grew more slowly than one with all its leaves because it was less able to photosynthesise. Mrs Kambo, the Year 3 Leader, told us that the mainstream children were very respectful and welcoming to the resource base children because they see themselves as part of a rights respecting school.

When it comes to trips, children are included. Year 3 go for a day to an Outdoor Education Centre, in Hook Hampshire – this helps build familiarity for when they go for a two night residential in Year 4.

Those who need it get a great deal of preparation with social stories covering all aspects from food to sleeping arrangements to activities. Mr Revens has introduced the use of virtual reality to create social stories for trips and this has helped prepare children for a visit. The school uses its grounds well with a nature trail, a Celtic roundhouse the children helped build, a Forest School area and pond for nature study, and a creative play area which included a pile of old tyres, pallets, fabric, old computers alongside a mini-assault course with a ‘mud kitchen’.

Talking to Bridie McHaffie (Year 2 Leader), who was just returning with her class from using the nature trail, she made it clear that they use the outdoors as an extension of the classroom a lot. The school

has worked with OPAL (Outdoor Play and Learning) which has transformed outdoor play experience for all the children. She has two children in her class from the resource base and the other children support them and see them as part of the class.

When one of these children started he had no verbal language; now due to the social interaction with his peers he is very talkative.

The school recently took part in an exciting arts project with a number of special schools within Harrow. A resident artist from CREATE was based in West Lodge for six days and the children from the resource base and other children from Year 4 worked on a large scale piece of art representing life under the sea. This led to lots of discussions on threats to the seas and oceans. The finished piece of work was presented at the Harrow Arts Centre as part of a festival to celebrate the work of the project. Art specialist Nisha Richardson and Art Leader Lucy Taylor helped co-ordinate this exciting project.

I found my visit to the school very positive and proof yet again that inclusion is the best way to educate all children. However, it was evident that the 104 staff were well trained, supportive and friendly, but behind the scenes a lot of training and thinking had gone into producing a very purposeful, child friendly school with high involvement of parents and pupils.

Richard Rieser

World of Inclusion

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Family voice

“We never had any doubt” Ethan Dunkley is in Year 12 at City of London Academy, Islington. He has cerebral palsy and his parents have struggled to keep him in mainstream state education for the last fourteen years. Ethan and his parents Maria Larrain and Ian Dunkley spoke to Inclusion Now about their experiences.

debate. This was the main catalyst for my passion for politics.”

Did you have friends at the school? ‘’To start with no as I am quite shy, but later in KS2 yes. Aaron, Page, Luke and Arthur were my friends. They came to my house which is accessible, but I could not go Maria: “We never had any doubt that Ethan should to theirs when they had parties. We went bowling attend a mainstream state school. We as parents which is accessible and everyone can join in. believed this strongly as we think mainstream is “I was given plenty of time over several days to do better provision and was the best way for Ethan my SATs tests and got high grades, 5s and 6s. This to be part of the community. He was already in set a high bar for what any secondary school I went a mainstream nursery and to thought I could do: I could not we could not envisage him reproduce that level of work as attending a special needs they did not give me the time.” school. They are not stimulating, Maria: “I got involved with the work rate is really slow and the Hackney Learning Trust he would not be mixing with a and as a parent rep on the wide range of children. A friend Complex Needs Panel. I wanted suggested Grasmere, a one form to improve things not just for entry primary school in Hackney, Ethan, but other disabled which had a stair lift. The head children. This definitely helped was very nice and welcoming when it came to transfer to and at that time Ethan was the Year 3 class which was not using a wheelchair so we upstairs. By this time Ethan was thought it would be OK. The a fulltime wheelchair user and school provided excellent he could not access the stair teaching assistants.” lift. So I started a letter writing campaign to get a Ethan’s thoughts on primary school. “I remember lift into the school. Initially the borough said Ethan Mum having to push me up the kerbs as they were should move to a primary school further away that not dropped on the way to school. I had to start already had a lift. Eventually after many emails, again as none of my friends from nursery moved they understood it was important for Ethan to stay to this school with me. We had one teacher a at the school that worked for him and where he had year and subjects were not broken down as they friends and they agreed to put in a lift.” are in secondary. Mostly I remember my teaching assistants, especially Luigina. She had great Ethan: “You also fought Hackney Council to drop all patience and she taught me to recognise letters and the kerbs on my route to school so I could do the journey myself”. then read and spell and use bricks for counting”.

“We went on lots of trips which I was always Were there any things you did not like about the included in. We went to the Rio Cinema a number school, Ethan? “I did not like the fire alarm noise. It of times and in Year 6 we went away for four nights was too loud! And I did not like the food. I went and to an outdoor centre called Kench Hill. We also had saw the headteacher and told him to send the cook a trip to Parliament. The same sex marriage act on a cookery course.” was being debated. My TA managed to sneak me in Maria: “Secondary transfer was a problem. Initially my wheelchair into the Commons and I heard the we thought Ethan would go to Stoke Newington

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Family voice School, our nearest and where all his friends were going, but the corridors were long, crowded and rowdy at lesson changes. The lift kept breaking down and this would disrupt his independence.

We looked at Mossbourne Academy which had a good reputation. This was designed as a new build

by Richard Rodgers, but the lift was too small and in the stairwell where there would be too many students. The special needs department said they would take Ethan, but we as parents should stay away and not be involved, with no say or input in Ethan’s schooling. This was not our way of doing things and we had heard of cases of wheelchair users being stopped from attending. We also went to Highbury Grove where the SENCO looked uninterested and questioned why we wanted a ‘normal school’, suggesting Ethan would be better off in a special needs school. She said there were too many children with behavioural issues as an excuse. The SENCO from Grasmere came with us and initially the Highbury Grove SENCO denied we had an appointment. Eventually a secondary head we knew suggested trying City of London Academy Islington (COLAI). Angela, the SENCO, met with us and a TA from Grasmere and was very welcoming.”

Ethan: “The main problem was that they thought I could not keep up with the work, which I can and I am now getting good marks on my essays.”

bringing along an advocate from World of Inclusion to convince the school Ethan could do it.

Richard Rieser

Now it has been agreed as a reasonable adjustment that as time is one of Ethan’s big barriers, he will do his A levels over three years taking sociology and politics in Year 12 and Year 13 and psychology in Year 13 and Year 14 with any necessary retakes.

The big problem is the length of time it takes Ethan to speak his ideas so an amanuensis writes them down. The school have referred Ethan for an assessment for switching such as eye or head pointing, so he can enter his thoughts independently onto the computer. This seems to be taking a very long time and is crucial for Ethan’s independence. A recent problem is that the punctuation and spelling is that of the amanuensis and not Ethan’s - if wrong he could be marked down in exams. Ethan will also need to check their work.

Ian: “Overall our experience of putting Ethan through mainstream has been positive. He has missed out on after school clubs as TAs are not available.”

Maria: “We employ an extra person out of Islington Direct Payments money to support him with Ethan “A Year 9 student at COLAI, Keely, showed homework. We have just employed Jacky, who is me round and was very friendly. Another kid with doing a PhD in Sociology, as his PA for two hours five CP, Bayley, gave me a good feel about the school nights per week, so that is very helpful to Ethan.” and it felt like the school wanted me. As I settled Ethan: ‘’Yes. If I try and do my homework with my in I had two good TAs, Mahari and Tosin. The lift Mum we fight a lot. So this is better. I also have is easy to use, I have a fob and can use it on my Chloe who is good. She comes for two nights and own. I often choose to go to the Hub where I can do works at an ASD special school.” my work and concentrate as there is not so much going on. I speak and the TAs write what I say. What’s for the future? Ethan: “I have not thought Because of my previous experience of history, I was about it. Probably university.’’ adamant I wanted to take it for GCSEs which I later Ian and Maria: “We made the right choice with regretted - the teacher I had sucked all the life out mainstream. Ethan goes to school with a smile on of the subject. During GCSEs I had a great sociology his face and usually comes back saying he had teacher, Neil Robertson, who was inspiring and an a great day. We do not recall him being unhappy equally inspiring English teacher. They sent me and school has been a good experience. He has notes and handouts by email, which helped a lot.” worked with a lot of different people and has selfDespite getting good GCSEs, the COLAI got nervous confidence. Maybe he needs to socialise more and about Ethan doing three academic A levels and some sort of buddy system would help, but he does suggested a BTEC would be better. Ethan with his naturally like his own space and company. The parents had several meetings with the school, future looks good for Ethan.”

World of Inclusion

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Research

The DRILL project one year on

Armineh Soorenian reports back on ALLFIE’s research into English secondary schools’ Accessibility Plans.

or our DRILL-funded project, I held twelve focus F groups in seven locations across the country, conducted five in-depth interviews, and obtained

over 370 responses to our online questionnaires.

The project has exceeded our expectations, and the data gathered reflects very insightful trends. Sometimes, the findings are reinforced by all three participant groups – Disabled young people, parents, and professionals – and at other times rigorously contradicted. As well as exploring questions about the strength of accessibility plans, the groups discussed admission, information, learning and teaching, and social life. Here I present a taster of some of our findings*.

Admission Some professionals referred to unlawful practices of schools turning Disabled children away because of high needs. This was reinforced by parents. Adam talked about his frustration in this regard: “We had one headteacher tell us our child would effectively be too expensive. He said he could be instructed to take our child, but he’d prefer not to.”

Learning and teaching All groups expressed dissatisfaction about the inaccessibility of PE lessons for Disabled young people. Teachers were criticised for being unwilling to accommodate various needs in their PE lessons.

Carley, one of our young participants, was unable to take PE in her first year at secondary school.

Her mum said the school’s excuse was, “She couldn’t get changed, it was a health and safety issue.... Seeing as she dresses herself every day, we couldn’t figure out why”. Eventually the school relented, but did not offer alternative PE provision.

Carley explained how the teacher made her climb the climbing frame despite not having strength in her legs. The more she said she couldn’t do it, the more the teacher pushed her up the ladders. The strain on her hands eventually broke her wrists.

Social life

Participants highlighted lack of transport and support for after school clubs as a key barrier to pupils’ participation in social life. Parents discussed how risk assessments are used as an excuse not to take Disabled children on school trips. Professionals spoke about how Disabled Information Parents talked about how, in the absence of children are left out of or discriminated against accessible information from their schools about during social activities. One professional went as important events and activities, they must scour far as saying: “This is the second highest area of their school’s websites and newsletters or ask discrimination after exclusions.” other parents for crucial details. This is particularly What next? difficult for parents whose children are on ‘part- Currently I am analysing all the contributions in time’ contracts or have transport from home, detail. In Autumn 2019, we will publish a full report, because opportunities to meet other parents are including recommendations on a range of school limited. This contributes to a sense of isolation. practices. I am confident that the rich stories In the professionals’ groups, a speech and language therapist commented on the inaccessibility of school documents: “Documents outlining SEND and behaviour policy tend to be written in high level language suitable for individuals already highly familiar with the topics, procedures and provisions.

They take little account of the possibility they may be needed by a parent trying to understand processes and provisions for a child for the first time.”

shared by all participants have the potential to provoke significant change in improving Disabled young people’s quality of schooling. I am driven to produce a report which will urge and motivate policy-makers and education professionals to implement changes needed to bring about genuine inclusion in mainstream education.

Dr Armineh Soorenian *Names have been changed to protect participants’ identities.

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Campaign news

Action: government call for evidence he Department for Education has published a call for evidence on funding arrangements for young people with SEND and those who need alternative provision which began on the 3rd May and will continue till 31st July 2019.

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nevertheless we are responding anyway.

The call for evidence provides an opportunity to not only say there is insufficient funding in the education system per se, but the funding itself is being spread more thinly across a broader The DFE have asked the Council for Disabled range of SEND provision. Funding policy appears Children to organise a small number of workshops to be moving from resourcing mainstream to across the country. Email senfinancialevents@ segregated education which is clearly incompatible ncb.org.uk, giving your name, role, organisation with promoting Disabled pupils’ right to inclusive education. Whilst mainstream education budgets and email address. have been slashed, this government is increasing The call for evidence has no doubt been prompted the funding available to establish new free special by growing concerns of families, Disabled people, schools – such as the 37 that were announced in education providers, local authorities and unions March this year. over the negative impact that funding cuts are having upon Disabled children and young people We are always on the lookout for examples of in all forms of education including post 16. The both good and poor practice currently happening.

Department for Education is consulting on both So if you are or know anyone directly affected by how existing funding arrangements are working the cuts to funding please do contact us with your and whether improvements can be made to support experiences in confidence. Simone.aspis@allfie. org.uk, tel: 0207 737 6030. children and young people in different settings.

Whilst the inquiry is mainly geared towards collecting views of schools and post-16 education, www.inclusive-solutions.com

Day of action fter the first successful day of action for A disability equality in education which took place last year, ALLFIE is working with the Universities and Colleges Union to co-ordinate the second day of action, taking place on 4th December.

With a new government in place, we will be planning to use the day to take action around the government’s continued failure to implement the UNCRPD Monitoring Committee’s recommendations.

More information will follow.

Nottingham Community Circles

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Campaign news

SEND National Crisis march END National Crisis is a network made up of parents and other organisations who came together and organised marches across 28 local authorities on 30th May. The purpose of the march was to draw attention to the crisis in SEND caused by education funding cuts, and get the message across to the Government.

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ALLFIE was present at the London and Leeds marches. We attended the march to show comradeship and solidarity, to shine a spotlight on the failure to meet UNCRPD Article 24 and to demand a fully funded and supported inclusive education system.

We were impressed with the attendance - it was reported that up to 1,000 people attended the march in London and there was a strong media presence.

The march was held over school half term which helped ensure many children and young people attended.

There were passionate speeches, especially from young people, clearly stating “It’s wrong that people don’t get what they need. And it’s wrong they have to fight for it”. There were also some very disturbing stories shared by parents. One parent said “Every single school has refused my child. He is locked in a seclusion room”, Another parent shared that she had to pay £20,000 to secure a place for her child in a mainstream school.

The question is how much notice has the government actually taken of the SEND Crisis March? There is an important case on the 26th & 27th June on the issue of SEND cuts and denial of access to mainstream education. ALLFIE will be supporting this case and we also hope to see you there!

Michelle Daley

Sign ALLFIE’s petition

Don’t shut Disabled people out of mainstream education We’ve started a petition to call for full funding for the support Disabled children need to thrive in mainstream. Sign it here - and don’t forget to share with friends & family!

https://you.38degrees.org.uk/p/dont-shut-us-out

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Campaign news

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Policy

The Timpson Report on Exclusion: What will it mean for families of disabled children?

annah Phillips lost count of the times her son James was excluded from primary school for disruptive behaviour. There were daily phone calls from staff, often asking her to take him home, and his three older siblings were fed up with being called out of class to deal with him.

He was frequently placed in isolation, away from the classroom, and excluded from school trips and activities, says Phillips.

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James has Down’s syndrome and moderate learning difficulties. So what his teachers classed as disruptive behaviour was actually “general excitement and joie de vivre”, says his mother. With the right kind of help, she believes he could have progressed well in a mainstream school. But she was disappointed by the support that was offered.

“The attitude seemed to be: ‘We don’t really want him here, but we have to take him because the education system says we have to take children with special needs’”.

Julie Sheppard also found herself making frequent trips to her school to collect her son Logan, who has autistic spectrum disorder, because staff said his behaviour was unmanageable. For Sheppard, the multiple trips back and forth to the school became too much. “I remember ringing my mum in tears, saying: ‘I can’t keep doing this’.” (Guardian 18 February 2013) On 15th March 2018 the Times Educational Supplement reported on a decision of the First Tier Tribunal of the Health, Education and Social Care Chamber (previously known as the SEND tribunal).

The tribunal found that an academy trust failed in its duty to make reasonable adjustments by imposing its behaviour policy rigidly to the detriment of the education of a child with special educational needs.

The 15 year old pupil (X), who has attention deficit hyperactivity disorder and epilepsy, was given a fixed term exclusion and was also excluded from a work placement. X was later permanently excluded from the school.

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The parents of X argued that the academy trust had failed to meet their son’s needs and the exclusions were the result of his disability, which led to challenging behaviour. They went on to claim that X’s education suffered as a result of his treatment by the school.

The tribunal, which heard the evidence in February 2018, reported that “the question of X’s actual education appears to have become secondary to the zero-tolerance policy of the school”. The tribunal noted that the pupil’s education was becoming a series of detentions and exclusions and that the behaviour policy was being imposed rigidly, resulting in X being put at a “substantial disadvantage” compared to non-disabled pupils.

The tribunal stated that the school should have made reasonable adjustments to the policy for X rather than continuing with the “inflexible application of its policy”. A spokesperson for Burnt Mill Academy pointed out that it was a high-performing school, with high expectations for its pupils: “The school’s behaviour policy has been instrumental in securing outstanding behaviour”.

More recently the Children’s Commissioner, Anne Longfield, reported excessive use of off-rolling in some schools. Her report ‘Skipping School: Invisible Children’ (4th Feb 2019) showed that while many parents who make a philosophical decision to home educate put a substantial amount of thought and dedication into providing their children with a high quality education; there are many other families who have ended up home educating for other reasons, and are struggling to cope. There needs to be a shift away from pressurised, hot-housing schools, to stem the tide of children entering home education when it is not in the family’s true interests or wishes. There is a pressing need for immediate measures to improve the experiences, safety and wellbeing of children who do end up being home educated and to reduce school pressures on families to withdraw their children from school.

Policy The report shockingly showed that in Hackney, academies saw an increase in children moving into home education of 238% between 2016-17 and 2017-18, compared to an increase of 21% in local authority-run schools over the same period, and that numbers off-rolling for primary schools are fast increasing.

Stories like the above and hundreds more finally prompted the Government last March to appoint ExMinister Edward Timpson to report on exclusions, including the over representation of children with SEND in exclusions. https://bit.ly/2YgYf49

was not disabled and so the school did not have to consider reasonable adjustments was quashed and the Government did not appeal it. However, the increasing use of rigid behaviour policies leading to exclusion is common and, if consideration has not been given to reasonable adjustments, unlawful.

The report has also been criticised by leading campaigners for racial equality in education, for similarly not tackling the institutional racism that lies behind the disproportionately high rates of exclusion for students with an Afro-Caribbean heritage. https://bit.ly/2ZdHM0O

It was meant to be published by Christmas but was held up. One can only speculate what the original report said; although it identifies some of the problems now, it hedges around the issue, making 30 recommendations that Government have accepted but misses the target of changing culture and practice in schools. https://bit. ly/31qklnc

Other recommendations include more focus on behaviour in teacher training, leadership training and the development of more equality and diversity hubs; specific training on attachment and trauma for leaders and SENCOs, the development of a practice improvement fund; developing the role of Alternative Provision as sharers of expertise; schools being made responsible for children they permanently exclude; Timpson points to the latest England OFSTED promoting good practice; exclusion statistics where those DFE reviewing recorded categories with identified SEN were 46.7% of for exclusion; increased safeguarding permanent exclusions and 44.9% of responsibilities on LA, schools, social the much larger number of fixed term workers and safeguarding boards. exclusions, when they only make up Edward TimpsonEd These measures tinker with the existing 14% of the school population. This is system.

Why not get rid of exclusion? Many other 2.8 times higher for those with an EHC Plan and 3 times higher for those on SEN support. This goes countries do not have it. up to students with social, emotional and mental health issues being permanently excluded 3.8 times more than non-disabled students.

The failure to make reasonable adjustments (a duty all schools have towards all disabled students) is not really examined by Timpson, though he suggests it should be more explicit in DFE guidance to schools. Yet it goes to the heart of the issue. This duty under the 2010 Equality Act is anticipatory and therefore applies to policies such as behaviour policies. They must be flexible to allow for behaviour that arises from underlying conditions such as hyperactivity, autism, depression or anxiety. One barrier to the exercise of this duty was removed by the courts last August, when schools who used the get out ‘tendency to violence’ to say the child

We need to have an education system that supports the learning and development of all children, committed to inclusion based on collaboration and not competition, so all are valued and cared for. We know that the real problems are worsening funding, loss of support staff with the multiple effects of high stakes testing, league tables, narrowing of the curriculum and the increasing use of punitive behaviour management systems. These factors are leading to more and more mainstream schools being uninhabitable for many disabled children.

Only by elevating inclusion to a fundamental principle and practice with sufficient funding, can we tackle this issue of exclusions.

Richard Rieser

World of Inclusion

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Young person’s voice

Katie Matthews: my story atie was born with Downs Syndrome, adopted, and supported through mainstream school and college. After a range of voluntary and insecure jobs Katie is now Learning Disability and Autism Network Manager at NHS England.

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the clamping and seatbelts take up extra time.

“I spent all my life in mainstream education, which allowed me to be treated just like everyone else, without any special treatment. Well, that’s what I thought! But I didn’t have friends in high school and I was getting teased a lot. My brother soon sorted that out by sticking up for his little sister, but I was still a loner no-one talked to.

Why did I want to work for NHS England?

“After college I got voluntary work and casual pay. I started working voluntarily at People First Keighley & Craven and at Down’s Syndrome Training & Support Service Ltd. I campaigned against injustice for people with a learning disability such as the Taxi Campaign. This is a campaign to stop taxi drivers making people in wheelchairs pay double because

work messing me about and stabbing me in the back. They did not even think about whether I needed any extra support to do my best in my work.

“I tackled Disability Hate Crime which included creating awareness, doing presentations and sitting on different boards and panels such as the Hate Crime Scrutiny Panel, Hate Crime Third “I am Katie and I have Down’s Syndrome. I don’t Advisory Group and the Hate Crime Action Group. I mean to brag, but I feel that I have achieved have also worked in crèches for babies and infants success in the face of adversity. I have come out with Down’s Syndrome, a Youth Club for teenagers of mainstream education with 8 GCSEs, an A-Level and young adults with Down’s Syndrome, as well as and 3 BTEC Diplomas. I have done voluntary work doing front of house, admin work, training courses in charities and had casual pay on minimum wage, and so much more. I was paid for this work, but it was casual pay, as and when I was needed. which means that this is my first real job.

“I have spent most of my life alternating between voluntary work and casual pay on minimum wage.

This job has given me not only equal pay but also equal rights and equal responsibility.

It has not only given me a purpose in life, but it has also made me see myself in a different perspective. I now have a responsible job as “But still, I managed to a Network Manager, which survive Beckfoot High School means people rely on me and get 8 GCSEs, an A-Level to be professional. I want and a BTEC Diploma at to prove to myself that I can Leeds City College. Which Katie with a colleague do this. And most importantly, accidentally made my brother jealous because he only got 5 GCSEs. Oops! Sorry! I want to prove everyone who ever doubted me I do love you! When I got to college, I wanted things wrong. “This is real. This is me. I am exactly where I to be different. So I did things I wasn’t proud of in am supposed to be.” order to impress them. All that did was get me in “I did make a lot of mistakes in my previous jobs, trouble. I got through three years at college getting but I did learn from them, and continue to do so. two BTEC Diplomas.

That did not stop some people from my previous

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“However, I have this extra support in this job to help me to achieve my potential and I seriously don’t know how lucky I am. This is the best thing

Young person’s voice social media and sometimes even speak at them.

“I also have a similar role in the team’s Learning Disability and Autism Advisory Group made up of fifteen experts by experience who link with their various networks to help us engage with more people in inclusive ways.

What do you care most about?

“Honestly, what I care about the most, has to be my family. I have lost my grandma and my brother who I loved deeply, but that has made me stronger than ever. The bond that I have with my mum, and that has ever happened to me. I am going to do the fact that I have got this amazing job. This has whatever it takes to stay here forever, and I will not kept me going! let you down. That is a promise. I enjoy organising What I would like to do with my life? big events, giving big presentations in front of loads of people and interviewing the big CEOs of NHS “I would like to have a contract in this job for as England. But the main thing I enjoy about my job permanent as I can possibly get it, so I can have the is the people I work with. We get on really well and best job ever with the most amazing people ever.

I would like to think I have got friends for life. My I would like to, one day, get a promotion, if it ever department are so open and supportive, that you comes up. But I don’t want to leave this company, can get help and advice from everyone in the office. and I definitely do not want to leave this amazing department. I want to organise more work nights What I do in my role: out and socialise more, because I grew up without “The Learning Disability and Autism Engagement any friends and without a social life. I want to go on Team acts as a bridge between NHS England’s more holidays abroad, see the world and do new decision makers and people with a learning things with my mum. I know she’s getting on a bit disability, autism, or both, and their families and and can’t do as much. But I can’t imagine doing it carers. Our team ensures that people get their with anyone else. I just want the life I never had! I voices heard and have their say about the health know that sounds selfish. I love my brother and I and care services that they use, and have equal would do anything to bring him back. But we have finally got some freedom. We finally have a life! rights too.

“The team is based in Leeds, but, we are a national organisation and we travel all around the country to make sure everywhere in England lets people with a learning disability, autism, or both, and their families and carers, have their say about the health and care services that they use.

Katie collecting the Young Achiever of the Year Award at the Yorkshire Women of Achievement Awards, May 2018

“My role in the team is their Social Media Lead, where I find different ways to include people with a learning disability, autism, or both, and their families and carers in a way that is more inclusive to them. As part of being inclusive, our team holds various different events for our national forum, where everyone comes together to give feedback on the work NHS England does. I help organise, plan and facilitate these events, advertise it on our

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Policy

The National Education Union: SEN, Disability and Inclusion olleen Johnson was recently elected onto the National Executive of the National Education Union as their representative for disabled members. A few months into office, Coleen describes what’s she’s been doing and sets out her vision for the future of disabled pupils and staff.

C

In January this year I took up my position as the new seat-holder for disabled members on the National Executive of the NEU. It was very important to me to build on the dynamism that resulted in me being elected. Thus quite early on I visited Lambeth district to talk about the effects of the funding crisis on our SEND pupils. It is good to see both parents and educators working closely together on this issue to highlight and challenge this dreadful situation. It is shocking to think that in 2019 we have schools saying they are not being given the funds to support SEND pupils and that pupils with SEND are six times more likely to be excluded from school than their peers!

More on SEND issues later - after meeting the new organiser for disabled members, it was decided under the spirit of ‘Nothing About Us Without Us’ to visit the proposed venue for our Disabled Members Conference 2019 and to do a full access audit with a group of disabled members and NEU staff.

This felt like a much more inclusive process which should yield better results for members.

adjustments can and should be requested to help them at work. Our group needs to grow within the NEU as we must become a force to be reckoned with, not just an afterthought.

I have begun to think about what works for disabled members if we are to have a more diverse workforce. A meeting with both Mary Bousted and Kevin Courtney, Joint General Secretaries, provided lots to think about when armed with questions from members. A meeting with Nick Gibb MP is being sought so that disabled members can talk about being in school and what works or causes barriers for them. What pleases me most is to hear about collective action in relation to a disabled member, like recently at Connaught School for Girls in Waltham Forest where NEU members supported their colleague brilliantly under the direction of the school rep, or when I’m chatting to a district secretary who is very skilled at supporting disabled members so they remain at work and are not managed out of the profession with a settlement agreement.

NEU Annual Conference took place in Liverpool this year and it began almost instantly with a very positive and large disabled members’ reception. It was great to see how our new larger union included more activists who wanted to be out and proud as disabled people. Different officers and officials from the union dropped by to say thank you to the outgoing seat holder Mandy Hudson and to Since the beginning of the Spring term I have visited welcome me to the role. both Somerset and Southern Derbyshire NEU in order to talk to members about self-identifying During the conference the motion from the Disabled as disabled to the NEU. It is important too I feel, Teachers Conference was passed despite attempts that people really understand and use the social to weaken it. The motion called for role sharing model of disability and realise that reasonable on the national executive for disabled members,

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Policy those with caring responsibilities or parents. It also sought the creation of a new publication to welcome disabled members to our profession and to tell them about their rights. Finally, it requested improved training for those representing disabled members. It was a wide ranging, ambitious motion but it passed with a two thirds majority required to get a rule change in this situation.

importance of inclusion. He believed that there was the possibility of a new curriculum coming along and that in coming years a truly inclusive education system could be developed. This system would be based on added value where the social development of youngsters was key as part of a child-centred approach. Families of schools would work together in order to educate all our children In the Education SEND Section, Motion 23 together. As for barriers, there should be an Supporting Special Educational Needs and ombudsman to deal with complaints from parents Disabilities passed including both its amendments. and schools. But schools should be accessible as It includes setting up a forum so that staff working should the curriculum. It was great to listen to this within special needs can feed back to the union vision, a world away from our current test-based promptly. It highlighted the need for Changing curriculum that is so damaging to all our children.

Places facilities and it sought to improve SEND Going forwards myself - well there’s lots to do… training for new teachers. On several occasions, Disabled Workers TUC, the Northern NEU Equality the motion referred to an inclusive model and Conference, improving our training to support an inclusive curriculum - much needed for all our our members better and the SEND Conference in children, I feel.

Durham to attend. All this as well as being in school During the conference breakout time I attended with the children, teaching. These are exciting times a session about The National Education Service if we are determined and are clear about what we where several people spoke eloquently about the want to achieve. future of education under a Labour administration.

As plans are still not laid down in detail Richard Rieser from World of Inclusion noted that there was considerable wiggle room to highlight the

Colleen Johnson

Seat Holder for Disabled Members, NEU Executive

ALLFIE website resources LLFIE is continuing to add resources to our website, and the latest is an article aimed at education students on some of the key issues around inclusive education. In “Current Debates: Part 1, Understanding Disability and the problem with ‘Special’”, Academic and ALLFIE trustee Dr Miro Griffiths MBE begins a three part series.

A

He introduces the social model of disability, and looks at how the language and practice of “special” needs casts Disabled learners as separate from the mainstream: https://www.allfie.org.uk/debates-part-1 We’ll shortly be adding a guide on how to write an Education, Health and Care Plan (EHCP) from an inclusive perspective, so keep an eye on our resources page: https://www.allfie.org.uk/resources/

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Legal question

“

My child has an Education, Health and Care Plan. The local authority decided unilaterally to cut the amount of money the school gets for my child although her circumstances have not changed. On what basis could I launch a successful judicial review?”

The Local Authority has a legal duty to ‘secure’ the special educational provision in your child’s Education Health and Care Plan (EHCP). In practice this usually means the local authority providing funding to your child’s school and the school using that money to arrange for the provision to be delivered.

continues to run as this is seen as an ongoing failure. The Court will nevertheless still require anyone who brings a claim for judicial review to do so quickly and without delay so it would be important for advice to be sought quickly. Legal aid is available for these types of actions based on the child’s means.

If, as a consequence of the local authority’s funding cuts, your child’s provision is reduced or stopped then the legal remedy for addressing this issue is by way of judicial review. If successful, the court could order that such provision is arranged, and consequently, funded.

If the local authority wishes to change provision in a plan, the annual review would provide them with the opportunity to do this. Similarly, if you are concerned that your child’s provision is not sufficiently specified and quantified, your child’s annual review is a good opportunity for you to For a judicial review of this type to be successful raise this and request amendments be made to the provision in Section F of the EHCP must the plan. Any amendments suggested (by either be properly specified and quantified so that it the parent, school or local authority) should be is clear to the court what provision your child based on the child’s needs and not based on requires, such as how often they are to receive it, budget/financial resources. for how long and who is to provide it. If provision Following an annual review, the local authority is vague, such as providing for “access to 1:1 must issue a decision letter stating whether or support” rather than, for example, “20 hours not they intend to amend an EHCP and, if they do, of 1:1 support each week to be provided by an what amendments they are making. This letter experienced Teaching Assistant”, this would should set out a right of appeal to the Special make judicial review proceedings highly unlikely Educational Needs and Disability Tribunal which to be successful even if the child had received a allows a parent to challenge the contents of an certain amount of provision historically.

EHCP and therefore ensure that the provision in A judicial review would be brought against the the plan is properly specified and quantified. Any local authority that maintains your child’s EHCP appeal should be lodged within 2 months of the and not the school although they may be an date of this letter so it is important that parents interested party. It is important to act quickly act quickly if they have concerns. as a judicial review must be brought as soon as possible and usually within three months of the act complained of, although when there is a failure to provide provision the timeframe usually

Thomas Mitchell Thomas Mitchell is a solicitor with Simpson Millar and specialises in Education and Community Care 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: richardrieser@worldofinclusion.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