Inclusion Now 71 | Spring 2025

Spring 2025 Issue 71 £2

A VOICE FOR THE INCLUSION MOVEMENT IN THE UK George Tappenden: "No just isn't an option" p8

Parents view: Curriculum reform Sharon Smith p 12

Exposing abuse in segregated schools p 16

Government language Yewande Omoniyi p 19

The cost of living and incusion Lani Parker p 22

Dr Edmore Masendeke: Social Justice and Curriculum and Assessment reform p3

Crippen cartoon Dave Lupton p 6

Editorial A voice for the UK inclusion movement

Contents 3

Curriculum and Assessment Review Edmore Masendeke

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Crippen cartoon Curriculum and Assessment Review

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"No just isn't an option" George Tappenden

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Curriculum Reform Must Start with those Currently Excluded Sharon Smith Exposing abuse in segregated schools Iyiola Olafimihan, Linda Jordan & Maresa MacKieth Government Language Clouds the Definition of Inclusive Education Yewande Akintelu-Omoniyi The Cost of Living, the Curriculum and Inclusion Lani Parker Curriculum Review and Disability Rights Richard Rieser

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Legal Question Work experience

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Cover image: Edmore Masendeke portrait

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Welcome to Inclusion Now 71, with Spring 2025 inclusive education news.

A key theme running through this issue is the UK Government’s Curriculum and Assessment Review.

Several contributors highlight barriers the current system creates for Disabled people and make recommendations for reform. Opening this edition, Dr Edmore Masendeke reasons that the current system is not fit for purpose and, unless a new system is introduced, “the oppression of Disabled people will continue within the education system and reinforce societal inequalities.” (Page 3) Continuing this theme, Sharon Smith presents a parents’ perspective, stipulating that curriculum reform must start with those who are currently excluded (page 12). Lani Parker takes an intersectional approach to the curriculum, inclusion and poverty (page 22), while Dr Richard Rieser discusses curriculum reform from a disability rights perspective (page 24).

Iyiola Olafimihan, Linda Jordan, and Maresa MacKeith, on page 16, expose human rights breaches in yet another segregated educational setting, reminding us that “despite numerous similar exposures over the years, the culture of subjecting Disabled people to inhumane treatments and torture persists.”

Young Disabled campaigner, George Tappenden, worked with his mainstream school to get his educational support needs, and now campaigns for the rights of all Disabled people (page 8). Yewande Akintelu-Omoniyi argues new government language distracts from Inclusive Education, on page 19.

The Labour government talks about increasing educational opportunities for all, at the same time as introducing welfare cuts which will have the opposite effect. We must continue to campaign for Inclusive Education to ensure they don’t drive Disabled children and Young people further into deprivation and cut short their future opportunities.

By Catherine Bebbington, Editor

Policy

Changing the National Curriculum and Assessment System for social justice

By Edmore Masendeke, ALLFIE’s Policy and Research Lead In November last year, Michelle Daley, ALLFIE’s Director, and I worked on ALLFIE’s submission for the Department for Education’s Curriculum and Assessment Review Consultation (hereafter, the Consultation). We used this as an opportunity to further ALLFIE’s argument for Inclusive Education, stressing that the current national curriculum and assessment system is discriminatory and rooted in exclusionary practices. We argued for the introduction of a new national curriculum and assessment system that would achieve social justice for all pupils. In particular, the curriculum and assessment system should ensure that all pupils learn and participate in Inclusive Education within mainstream settings.

There is also a need to remove systemic barriers to the assessment process which disproportionately disadvantage Disabled people, particularly Disabled individuals from marginalised groups.

A curriculum and assessment system that is not fit for purpose As part of our evidence gathering process for the Consultation, we spoke to teachers in both mainstream primary and secondary schools to get their views on the current curriculum and its impact on Disabled children and Young Disabled

people. Some of these teachers told us that Disabled pupils operating below the national curriculum benchmarks or learning objectives are disproportionately disadvantaged when compared to their peers. The teachers described teaching the current curriculum as a rigid “tick box exercise” which does not support and encourage “meaningful progress” for pupils.

The teachers told us that barriers to “meaningful progress” exist at every stage, with the focus of the entire curriculum being on “engineering” pupils to pass their GSCE’s. The sequential nature of the curriculum requires this “engineering” to begin at primary school, where the curriculum aims to develop essential skills in maths and English as the foundation for learning in later years. However, these skills are often taught in ways that do not take account of the barriers Disabled pupils experience in accessing these subjects. Thus, the curriculum fails to equip pupils with the skills necessary for progression in their learning and education from an early stage.

In secondary school, students’ choice of subjects is often limited and disadvantages pupils who would benefit from the subjects that schools do not offer. Schools tend to focus more on core subjects and other subjects which are generally considered to be more valuable than others.

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Policy

This is because Ofsted ratings and league tables focus on the results of these subjects alone.

As a consequence, schools are less inclined to offer diverse subjects which would enable pupils’ greater choice to meet their learning style and future aspirations. On top of that, some Disabled pupils experience barriers in national exams, including the compulsory GCSE Maths and English exams. As a result, Young Disabled people usually have lower pass rates in national exams than non-disabled Young people and limited pathway opportunities post-16.

This one-size fits all approach to education stifles the opportunities available to Young Disabled people during their time in school and when they leave school. In particular, it limits their post-16 pathways and opportunities, such as access to further education and employment, thus increasing their risk of living in poverty and a cycle of other issues.

Limiting curriculum and assessment access through Segregated Education Disabled pupils’ access to the curriculum is also limited through segregated provisions such as special schools, units and alternative provisions, and home schooling. Disabled children and Young Disabled people in these segregated settings are often engaged in nonacademic activities such as basic life skills or excluded from applied learning such as science experiments. In addition, they are often excluded from subjects and activities that would increase their opportunities post-16, such as progression to further education or employment.

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Some are excluded from national assessment and exams; they leave school with no national recognisable record of achievements by educational establishments or employers. As a consequence, Disabled children and Young Disabled people in these segregated settings often have limited pathways and opportunities after completing compulsory education.

Achieving Social Justice in Curriculum and Assessment The current curriculum and assessment system is not accessible to many Disabled children and Young Disabled people, limiting their life opportunities. Action needs to be taken to address this systematic injustice. ALLFIE believes that the curriculum and assessment system should be redesigned to ensure just and equitable outcomes for all pupils. To achieve this, the Government should: • Develop a curriculum and assessment system that ensures that Disabled individuals are not disadvantaged based on socioeconomic background such as thei impairments, class, gender, race, sexuality and the lack of appropriate support.

• Re-evaluate the objectives of education and learning to ensure that they are not discriminatory to Disabled people.

• Adopt universal inclusive teaching practices for everyone, ending discriminatory practices based on individuals’ characteristics and backgrounds.

• Decolonise the curriculum so that it ends intersectional biases within the curriculum design and teaching practice.

Policy

• Ensure schools are adequately resourced to support all pupils to have access to the full curriculum and assessments.

• End parallel programmes and curriculums designed for Disabled people only.

• Engage Disabled People’s Organisations with the relevant skills and experience to make the curriculum and assessment system inclusive • End current Ofsted ratings and league tables with school rankings which are biased, perpetuate societal inequalities, and reinforce harmful hierarchies that devalue Disabled individuals over prioritising Inclusive ` Education in mainstream settings.

the equity, equality and the right to Inclusive Education for ALL Disabled people, through the necessary supports in mainstream settings.

Conclusion Without the introduction of a new national curriculum and assessment system based on the principles of Inclusive Education as set out in the UNCRPD, which are meant to ensure just and equitable outcomes for all students, the oppression of Disabled people will continue within the education system and reinforce societal inequalities. Beyond changing the content, there is a need to ensure equitable access for all students through inclusive teaching The above actions achieve one of the six practices, flexible assessment practices, demands stated in ALLFIE’s Manifesto. ALLFIE’s adequate resourcing, and school inspections Manifesto seeks to promote the realisation of that prioritise inclusion in mainstream settings.

Image: Dr Edmore Masendeke is Policy and Research Lead at the Alliance for Inclusive Education

Read and sign ALLFIE’s Manifesto: 'Inclusive Education for All'

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Cartoon ALT TEXT

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Cartoon

Image: Copyright crippencartoons.com

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Young person's voice

George Tappenden: “No just isn’t an option” Richard Rieser met George Tappenden, a Young Disabled campaigner, at the highlighting event for winners of the National Equality and Diversity Awards. Kent County Council wanted George to go to a special school, but he and his Mum fought for him to be in mainstream education.

The adjustments George’s school have made are impressive. The school have made all the exterior spaces accessible, giving access to all three main buildings. They’ve installed a changing place and provided designated parking, accessible handles and fobs, and accessible technology and tables. Every year they do more - they are phasing the process because of money.

The school has organised the training of thirteen members of staff in manual handling, hoisting and George's cough assist. They have also allowed him to work from home if he is tired, ensuring that this does not affect his attendance as his work is being completed.

He does a four-day week with the assistant SENDCO coming to his home for one hour on his day off to do class work with him.

Here is the speech George gave at the recent National Equality and Diversity Awards, which includes his experience of education as a Young Disabled person, how he worked with his mainstream school to get his support needs met, and how he campaigns for the rights of all Disabled people:

Image: George Tappenden portrait

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"My name is George Tappenden. I am thirteen years old and have a condition called Spinal Muscular Atrophy (SMA). Thank you for having me here today. I was honoured to receive the 2024 positive role model award, and I wanted to start by telling you all a bit about my work.

Young person's voice I am a big campaigner and took part in a community campaign to fight for the first ever treatment for Spinal Muscular Atrophy. This drug is called Spinraza and is given via lumbar puncture. I have protested outside NICE, spoke in the House of Commons, ITV, Sky and BBC News, live radio and was interviewed for local and national newspapers including the Daily Mail.

They also spent a day filming my life to show a true insight.

I am very passionate about inclusive media representation and the difference it makes to Disabled children’s self-esteem and self-body image, so I model with Zebedee Talent. One of my jobs was a life size photo taken of me in my wheelchair and it was used by a leading supermarket in every store in the UK, one of the Whilst the fight for treatment happened in the first to use a power chair. I also appeared in their UK, I decided to travel to Paris for just under TV advert. two years to participate in a trial for the first oral drug for SMA and second ever treatment, called I fight for accessibility rights in my town. I have Risdiplam. The evidence and my experience done interviews and spoken with MPs – even to with Risdiplam were then used at the appraisal get my own adapted home purpose built due to with NICE here in the UK where it was approved lack of accessible housing. via a Managed Access Agreement and so was Spinraza. My photo now appears in the I also fought to remain in mainstream education Risdiplam instruction booklet for the drug. I was and spoke about the importance of inclusivity also chosen to speak at the Pharma company and choice. This fight I won with the help last seminar to give an insight into my life with of ‘St Gregory’s Catholic School’ who made SMA and how treatment has helped me – adaptations for me which will pave the way for hoping to help others and reinforce the need for others in wheelchairs. I now speak regularly to all continued research and awareness into SMA. year groups in assembly about the importance of Inclusion within school and friendships.

Image: St Gregory's Catholic School

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Young person's voice On 18th May last year I made National News again when an investigative journalism team from Sky came to film me for the day for a documentary on how the Government is failing Disabled children. They focused on accessibility with me, and this has been aired several times already this year.

schools in my borough only one was wheelchair accessible but now there are two, giving children and their families at least a choice and also making sure ALL children learn in a diverse environment leading to a more inclusive world.

My work modelling school uniform I hope made a difference with how children feel when shopping and buying clothes. School is daunting enough but when there is little to no media representation out there it can make you feel very alone, so if they saw something in me that resonates with themselves then my job is done.

I have gone through quite a bit, from illness, losing strength and abilities, to a trial, a spinal fusion and then to missing a lot of my education and time with friends. However, I still do very well at school and have won two awards since starting Secondary one being for ‘Fantastic Influence and Work’ and came in the top percent My media appearances I think have helped to for all my end-of-year exams. raise awareness on accessibility issues and the lack of inclusive playgrounds, at the very least Since treatment I now play the drums and giving those in power food for thought. achieved distinction in my starting grade this year (which is amazing considering six years Lastly, I believe by me sharing all my workout ago I lost so much strength I could not push and physio sessions online I’ve helped those two Lego pieces together), and I also did my with impairments learn and get ideas who do not first public speaking exam with LAMDA so I can have access to such resources making sure the advocate better for others and myself. I achieved sessions are practical and not with expensive a Distinction in Grade 3 for that year. equipment, making them financially accessible too.

Finally, I was awarded the amazing Positive Role Model Award for Disability this year at the 2024 Since winning the national diversity award I National Diversity Awards. have been made a National Ambassador for the Children's Variety Charity, and I will be speaking I believe my work has specifically impacted the at Soho House next month to its biggest donors Spinal Muscular Atrophy community when it about the importance of disability equipment comes to accessing treatment. We still need to and independence. challenge the fact that a Disabled person’s life is • I was placed in the top 100 most influential still not being viewed equally or just as worthy of Disabled people in the United Kingdom by saving or helping compared to those without an Shaw Trust with the likes of Stephen Hawkings impairment. Highlighting that money spent on once listed. treatment for individuals impacts every patient • I am being filmed and interviewed at home positively, and quality of life should not be for a short documentary piece by Variety. measured by physical movement, is important. • I have joined my local Lib Dem party who have a seat and will be working closely with The assumption a Disabled person’s life is not a them on accessibility in my local area. successful one, contributing to society is dated, • I met with the local Mayor and was given an boring and untrue. award by him for my work in the community.

• I have appeared twice on Sky News, First Getting my school made wheelchair accessible News and local papers. would have impacted children locally with • I will be taking part in a podcast in a few physical needs as out of seventeen mainstream months on disability and children.

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Young person's voice • I was interviewed by Great Ormond Street Hospital where my story has been shared on all their platforms raising awareness on National Disability Day. For my personal journey I have joined a local boxing class, been predicted straight A's and A-stars for all my GCSEs, except PE… BUT you can't win them all. And I continue to share all my physio, PT sessions and drum lessons online to help or motivate Disabled people Advice I would give to others with an impairment is to be accepting of your impairment and be proud. To know you can do anything but to do it in your own way.

My motivation is to make change for the better and to make the world a more inclusive and accepting place. My message is to never give up. Always challenge and push boundaries. No just isn’t an option.

Do not look to the next person, YOU are that person. Nothing good, EVER came from doing nothing."

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Parent voice

Reforming the Curriculum Must Start with those Currently Excluded

By Sharon Smith, Mother & Researcher When my daughter was smaller, our weekends were often taken up with an array of children’s activities – swimming, football, playball – as well as household chores, kids’ homework and the production of resources to support my daughter at school in the week ahead.

My daughter has Down’s syndrome. As a result, for the curriculum to be accessible to her, we would spend hours undertaking curriculum related activities. This included fun activities such as helping her make a solar system mobile and a visit to the local planetarium during half term (so she was familiar with the planets before this topic was introduced in school), taking her to see Charlie & the Chocolate Factory at the theatre and choosing this as a bedtime story in the summer holidays (again before this was discussed in school) and producing books of key vocabulary with photos and pictures to help her learn key words before they would be discussed in the classroom.

We would also buy ‘Early Reader’ versions of books that would be covered in school, such as Shakespeare, to ensure she had the greatest chance of being able to engage in conversations in the classroom. This required us to spend both time and money to ensure that she had the best chance of accessing the curriculum.

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She is now at college, and fortunately these days are well behind us.

During the recent Curriculum Assessment Review, the Down’s Syndrome Association undertook a survey with parents about their experiences and opinions in relation to the curriculum. The feedback received was reminiscent of my own experiences.

Likewise, in my recent PhD research undertaken with mothers of children who have Down’s syndrome, stories were told of mothers making resources to use at home and in school to support their child’s learning.

If a curriculum requires significant time and resources from parents at home – over and above the usual demands of supporting a child with their homework – then this is not an accessible or inclusive curriculum. Parents of Disabled children should not be faced with

Parent voice additional burdens due to an inaccessible curriculum that can only be fully accessed if parents are providing additional learning opportunities, for instance to pre-learn topic vocabulary, and are having to make or purchase additional resources to allow their child to engage fully in the classroom alongside their peers.

It is therefore necessary to ensure that any future curriculum can easily be adapted by class teachers to include all learners in the classroom, with multiple ways for learners to access the learning according to the level and pace that they are working at, with suitable resources being made available for them to do this. This is likely to entail a move away from a helicopter teaching assistant arrangement, which can limit opportunities for peer-to-peer engagement, to a future where classroom assistants are supporting learners with provision of resources and scaffolding, to help them work as independently as possible.

Within my PhD research, parents also described the challenges schools faced in setting targets and describing progress.

Again, this was in line with my own experiences as a parent. Faith* described how her son was repeating the same work every single year, because the school did not know how to move him on or how to include him in the main classroom lesson.

She stated, “they're not moving him on in terms of the work he's doing, they're just doing the same thing”. As a result of this, her son was becoming disengaged as he was bored.

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If a curriculum requires significant time and resources from parents at home – over and above the usual demands of supporting a child with their homework – then this is not an accessible or inclusive curriculum.

When it comes to assessment, it is important that the assessments are accessible and inclusive too.

Within my research, George* described to me how her son was reading with support, demonstrating his understanding through the use of simple tests on an iPad, which allowed him to move up through the reading levels. The following year, a new teacher removed the support he was receiving, and he was no longer able to access the assessment she was using.

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Parent voice

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it is important that children who have learning disabilities can see themselves represented in a positive way within the curriculum. This does not mean leaning into superhero narratives, instead it is about the curriculum including disability and inclusion as a core part of what is taught, across all subjects.

The language used when discussing progress is also important. Throughout my daughter’s primary school, her school reports would state at the top ‘working below expectations’. These expectations being, of course, for typically developing children.

This was not a true reflection of the progress she was making, which was at or above expectations in relation to her individual starting point and the fact she has Down’s syndrome. No matter how hard she worked, she was not going to ‘close the gap’ and be working at the same level or above that of her peers. Once she reached secondary school, they simply removed the column reporting what level she was working at.

This was because the progress of all pupils in the school was being reported as what level GCSE they were currently working at (from Year 7 onwards), together with an anticipated grade that they would achieve in Year 11. The school did not know how to fit my daughter within that way of tracking progress, so simply stopped reporting the progress she was making.

Finally, it is important that children who have learning disabilities, including Down’s syndrome, can see themselves represented in a positive way within the curriculum.

As a result, George explains, “she took him This does not mean leaning into superhero off accelerated reader, she goes he can’t narratives, instead it is about the curriculum including disability and inclusion as a core read, so we're taking him off, we're taking that part of what is taught, across all subjects. away from him… but he enjoyed, because that was part of his confidence building”. As The curriculum also needs to be based a result, her son no longer wanted to take on having high aspirations and providing part in English lessons, feeling that he could pupils with opportunities to show what not be successful in the lesson.

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Parent voice

they can achieve, with tailored resources and support. Parents of children who have Down’s syndrome often describe education settings as having low aspirations for their children, for example Faith described to me how her son was just given painting to do, when the other children were working, and Emily* discussed how her son was given Twinkl worksheets instead of being included in the work that others in the classroom were doing.

The Easy Read version of the Curriculum & Assessment Review Call for Evidence was delayed by a few weeks and yet the deadline for response was not extended.

The government and those leading their inquiries need to better demonstrate their purported commitment to inclusion, and this should start with a refusal to launch any consultations or calls for evidence if Easy Read and other versions are not yet available.

Reform to the curriculum and assessment * all names are pseudonyms processes is welcomed by parents I have spoken to, with the proviso that it needs to start with the needs and requirements of those who are currently excluded from the curriculum. Embracing a capacious approach to curriculum design and assessment/ progress measurement will ensure that all children can have their needs met, rather than leaving it down to parents to fill the gaps.

Not every family will be as able as we were to do this. This has broader implications too.

In the recent Get Britain Working White Paper, the government presented an aspiration to find ways for carers to have greater opportunities to engage in meaningful employment. This will be impossible to achieve if the new curriculum continues to place additional demands on parents (especially mothers).

Whilst SEND appears to be high on the agenda in meetings and communications related to the curriculum and assessment review, inclusion requires more than just words.

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Review

Exposing Abuse: The BBC School Prison Cells Documentary and the Fight for Inclusive Education

By Iyiola Olafimihan (ALLFIE Justice and Campaigns Lead), Linda Jordan (Inclusion Now Editorial Board member), and Maresa MacKeith (ALLFIE Youth Parliamentary Co-lead).

The BBC’s Caught on Camera: The special school staff who abused kids broadcast on Radio 4’s “File on Four” in April and May 2024, and featured on the BBC news and iPlayer documentary School prison cells in November 2024, revealed the harrowing CCTV footage of Disabled children and young people being subjected to abuse and torture in so-called “calming rooms” in a special school in North-East London. The abuse was fully uncovered in 2021 and has shown that, despite numerous similar exposures over the years, the culture of subjecting Disabled people to inhumane treatments and torture persists.

The Alliance for Inclusive Education (ALLFIE), has campaigned for years against the evils of institutionalisation represented by special schools and their systemic violations of Disabled children’s fundamental human rights.

In this co-written article, the authors present a critical analysis of the issues raised in the documentary from various perspectives. The article challenges policy makers, politicians and society at large including other social justice movements, stressing why this must not be allowed to continue and must be called what it is – a fundamental and serious breach of Disabled people’s human rights, violence and torture.

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The documentary lays bare the cruel reality faced by many Disabled children in segregated educational settings, where practices framed as "restraint" or "behaviour management" often amount to abuse and torture. A recent Inclusion Now article contended that the government report, Reasonable force, restraint & restrictive practices in alternative provision and special schools, reinforces ALLFIE’s position that segregated settings are spaces ripe for the abuse of Disabled people’s human rights and should not be tolerated by society. Our ‘End torture of Disabled people’ campaign continues to demonstrate that abuse in institutions and segregated settings not only contravenes basic human decency, but violates the very laws and conventions meant to protect Disabled children’s rights. This includes their right to education, dignity, and freedom from inhumane treatment.

The Documentary shows that Disabled children and young people were often left in so-called ‘calming’ rooms for hours daily. The children and young people were neglected, alone, pushed into these rooms sometimes naked and without food. In all, 39 families were affected. The 17 interviewed by the BBC were not involved in decisions about their children being isolated in these rooms for hours. Those who spoke on the programme talked about their disgust and trauma when they discovered what had happened to their children.

Review

There are several Human and Education Rights being violated from what the documentary showed: • Article 5 of the Universal Declaration of Human Rights states that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”.

Disabled children and Young people in the documentary were clearly subjected to this.

They were neglected, naked and even allowed to self-harm (as shown in the footage).

• Furthermore, Article 15 of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) states “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”. Article 15(2) enjoins state parties to take all effective legislative, administrative, judicial or other measures to prevent Disabled persons, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment.

• Whilst UN Conventions ratified by the UK cannot be legally enforced in this country, although they are of very persuasive value in legal proceedings, Article 3 of the Human Rights Act - (the right to be free from torture and inhuman or degrading treatment), can be enforced. As explained by the British Institute of Human Rights, this right can be divided into two parts; the right to be free from torture and the right to be free from inhuman and degrading treatment.

• The right to be free from torture: Under the law, torture has a very specific definition.

Torture is an act performed by someone who works for government or a public authority in which they deliberately cause severe physical or mental suffering to someone for a specific purpose, for example, to get information.

• The right to be free from inhuman and degrading treatment: Inhuman or degrading treatment, on the other hand, doesn't have to be deliberate or for a purpose - it can be caused by neglect. This is especially relevant in everyday life and the experiences people may have in health, care or education settings, social services, and with the police or emergency services. This is how the perpetrators of these acts should have been held accountable. At the time of writing, no action has been taken against any of the perpetrators. The children and Young people were neglected, degraded, and were physically and psychologically harmed. This is where other social justice movements and Human Rights organisations would have been needed.

It is only hoped that in the future, mainstream social justice organisations will take up these cases and ensure that, working in conjunction with lived experienced organisations like ALLFIE and Disabled People’s Organisations, institutions that violate the human rights of Disabled people will be held accountable for their actions and justice will be served. Sadly, as one expert in the footage said; the effect of placing these children in the rooms are psychological and lifelong. A parent in the documentary attributed suicidal behaviour her son developed later in life as a direct consequence of his experience being locked up for hours in those ‘calming’ rooms.

We saw on the BBC TV coverage that the Disabled children and Young people were often locked up in these so-called ‘calming rooms’ for hours daily. This will mean in those daily long hours they have been denied their fundamental human right to education.

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Review ALLFIE only supports an Inclusive Education system in mainstream educational settings as enshrined in Article 24 of the UNCRPD, however all children have the right to a quality education, enshrined in Article 28 of the United Nations Convention on the Rights of the Child (UNCRC). In addition, the right to education is protected by Article 2 Protocol 1 of the Human Rights Act. This protects our right to an effective education within the UK's existing educational institutions. It relates to primary, secondary, and higher education.

A very important observation we made when writing this article, is that many of the detained and tortured children and young people do not use words to speak, even though they could very well communicate their unhappiness about their treatment. The implications were the school operators felt very comfortable violating their human rights and dignity by shoving them into what the BBC described as prison cells.

Some of what the authorities perceived as challenging behaviour stemmed from the school not understanding how to support children and young people who communicate differently. This should be basic good practice, and providing alternative communication is a human right as described in Article 24.

campaign to influence those in decision making authority and their representatives in Parliament.

The solution is clear; segregation must be abolished in all its forms. Inclusive Education is not just about being in the same classroom, it’s about creating an educational environment that addresses systemic barriers within the curriculum and other areas of the system.

Opportunities are embraced where all children and Young people can form friendships, support one another, and grow together. It is about fostering mutual respect, understanding, and equity in every aspect of education.

The harm and trauma caused by segregation doesn’t only dehumanise the Young people in these settings; it also desensitizes staff, leading to a cycle of dehumanisation that results in abuse and harm. If we continue to separate Disabled children and Young people, denying them self-determination, and isolate staff in these environments, abuse and harm will persist.

ALLFIE will not advocate for better practice in special or segregated schools or settings, it is not about reforming those spaces. It is about implementing a complete Inclusive Education system with measurable evidence embedded in Article 24 of the UNCRPD. ALLFIE’s Manifesto The problem is systemic, rooted in the lack of provides a plan and solution based on social self-determination granted to Disabled children justice and human rights principles, and we and Young people in segregated environments. demand a complete incorporation of an Inclusive At present, Disabled children and Young people Education approach based on Article 24 into the have little to no influence over the decisions UK’s education framework. that shape their educational experiences.

Current Youth Parliaments fail to represent The BBC programme and news coverage is a their voices. ALLFIE is working to change this stark reminder of the urgent need for change. by establishing a Youth Parliament specifically It is not enough to express outrage; we must for Young Disabled people; creating a platform channel it into action. The abuse of Disabled where they can use their voices to express their children in special schools is a societal failure requirements, desires, concerns, and can that reflects deep-rooted ableism, other discriminatory practices, and neglect.

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Language

Government Language Clouds the Definition of Inclusive Education.

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ALLFIE’s Our Voice project Co-Lead, Yewande Akintelu-Omoniyi, examines how the Labour government’s introduction of the language “mainstream inclusivity” is a distraction from Inclusive Education as a human right and social justice issue.

This follows on from my article in the previous edition of Inclusion Now, ‘How the language of SEND has devalued education’, where I concluded that “we need a radical shift to end the oppressive systems and offensive language that disproportionately harms Disabled people and people from marginalised communities.”

811 !! " " 1 1 #199$ 9% &'(9) (* +,- , .%' /02 /(' +, 5 %92 %93 4 2 $9$9 12 32 *4 5' 678 $9:%1 ; < 212 Inclusive Education needs to be seen as a human rights and social justice issue.

ALLFIE has always said that the foundation of an Inclusive Education system must be centred on the UN Convention for the Rights of Persons with Disabilities (UNCRPD). Article 24 of the UNCRPD is very clear that Disabled people have Since the Labour Government took office in a right to: “an inclusive, education system at all 2024, their manifesto has stated that they levels,” and that “Persons with disabilities are want to “improve expertise and inclusivity in not excluded from the general education system mainstream schools, as well as ensuring that on the basis of disability, and that children with special schools cater to those with the most disabilities are not excluded from free and complex needs”. compulsory primary and secondary education on the basis of disability”.

Once again, we have another Government intent on keeping segregated education going and This won’t happen unless all Disabled children not creating a fully Inclusive Education system. and Young people are in mainstream education.

“Inclusivity in mainstream schools” is also a new term that looks to serve as a distraction from In another announcement, the Labour giving Disabled children and young people the Government introduced a curriculum review.

Inclusive Education that they are entitled to and They want: deserve.

“A broader, richer, cutting-edge curriculum As an article written by Schools Week in October that drives high and rising schools standards 2024 states, inclusion must be more than a and sets all young people up for life and work policy or a box ticking exercise, it is a mindset. will be central to the government’s vision for We know this to be true from our decades of education”. campaigning at ALLFIE.

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Language

The Government has also said that they want to break down barriers to opportunities for every child. Barriers to accessing education for Disabled children and Young people can only be abolished if the education system stops relying on the medical model and upholding systems that support segregation. Schools and colleges are still looking at what Disabled children and Young people cannot do, instead of looking at how the education system creates barriers for them during their education. Teachers and schools should be trained in the Social Model of Disability.

Therefore, it is not surprising that these changes had a significant impact on Jane’s access to the curriculum and overall school experience.

This situation also highlights the impact of ranking and grouping pupils. As Marion explained, “there was an assumption that she [Jane] had plateaued”, which further reinforced incorrect labels about Jane and their learning.

As a result of this, Jane could have ended up in a separate unit within mainstream education, or could have been placed in a segregated school away from the community and her peers. How many more Disabled children and Young people This strange language of “mainstream will be subject to being given more labels, and inclusivity” does not clarify how many children not having their entitlement to an Inclusive will end up in units within mainstream settings. Education under Labour’s new “mainstream The government defines SEN units as: inclusivity”?

“Special provisions within a mainstream school where the pupils with SEN are taught mainly within separate classes for at least half of the time.”

As we at ALLFIE know, putting pupils in units is segregation in mainstream education, and not proper inclusion. Units in mainstream education result in Disabled pupils not getting the chance to fully experience the curriculum or to build relationships with their non-Disabled peers. In 2018, a teacher named Marion Stanton wrote in ALLFIE’s Inclusion Now magazine about her experiences as an Augmentative and Alternative Communication (AAC) practitioner supporting an 11-year-old girl called Jane.

Jane uses a communication book to talk. Jane experienced barriers to accessing the curriculum when she was in mainstream primary school in 2014. This happened because there were sudden changes to the National Curriculum at the time. Pupils were being asked to jump ahead 2 years with their classroom work. It is obvious that implementing such changes will seriously disadvantage pupils who are already marginalised within the education system.

Additionally, it creates unnecessary strain and pressure on teachers, and an increase in resources.

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The UK Government need to recognise the education of Disabled children and young people as a human rights priority, instead of creating new and unhelpful buzzwords around Inclusive Education.

Language

Given the systemic and structural injustice, the Curriculum and Assessment Review does not give me any confidence that it will bring about Inclusive Education for all children and young people.

As ALLFIE has highlighted over the years, many mainstream schools are also being held back because they are punished for addressing issues of classism, ableism, sexism, racism. For example, schools have been punished when enrolling a high number of Disabled children and young people, or children on free school meals, or adopting inclusive practices, because these can negatively impact their position in league tables. This further discourages schools from wanting to be inclusive.

Disabled pupils are not being disadvantaged compared to their non-Disabled peers”.

ALLFIE’s research showed that nearly all of the parents who participated were not aware of Accessibility Plans before our research. Many of the professionals were aware of the plans, but this knowledge varied depending on their role. Professionals also mentioned that they wouldn’t know where to access the plans. The professionals in our research explained that having an effective Accessibility Plan would help with supporting students in the classroom, and to help meet their needs. A parent said in the report that she was happy with the way the curriculum was made accessible for her son in mainstream school because of the Accessibility Plan.

Something that has been put in place so that mainstream education can be inclusive, but has instead become a well-hidden secret, are School Accessibility Plans. Since 2002, all schools have been required by law to publish and implement Accessibility Plans. These plans are meant to outline “how they intend to make their settings more accessible over time.” in areas which include: • The supply of information to parents of Disabled children and Young people; • Physical access; • Teaching and assessments to meet individual needs.

However, many parents and professionals that we interviewed explained that the plans are not effective because they have not been implemented properly. As ALLFIE’s Capacity Building Lead, Lani Parker, discusses in an article for Inclusion Now magazine, there are many ways to segregate children which include “lowered expectations” and “reduced support”.

I wonder if the Labour Government are going to look at how Accessibility Plans are put in place as part of their new plans for mainstream schooling, to see how many children and Young people are not receiving the support and entitlement to reasonable adjustments.

ALLFIE conducted research into Accessibility Plans in 2020 because we believe them to be a positive tool for Inclusive Education.

However, so little is known about them. As it is a statutory duty, if a school does not publish their Accessibility Plans, they might be “breaching the Special Educational Needs and Disability Act (SENDA) 2001 and the Equality Act 2010”.

The argument for Inclusive Education already exists and has existed for a long time, especially since the UK Government signed the UNCRPD in 2007. Our campaign work at ALLFIE for over 30 years shows this. In conclusion, the current Labour Government must concentrate on building one fully Inclusive Education system underpinned by the UNCRPD on Article 24. They need to recognise the education of Disabled children and Young people as a human rights priority, instead of creating new and unhelpful buzzwords around Inclusive Education.

As ALLFIE highlights in our Accessibility Plans report, the Equality Act 2010 states: “Schools must not discriminate against Disabled children and young people, whether directly or indirectly. There must be reasonable adjustments in teaching and learning, to make sure that

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Policy

The Intersection of the Cost of Living, the Curriculum and Inclusion

By Lani Parker, ALLFIE’s Capacity Building Lead Whilst coverage of the cost-of-living crisis may not be so prevalent in the media nowadays, and whilst child poverty is not new, neither of these things have gone away. According to the Child Poverty Action Group, 4.2 million children in the UK are growing up in poverty. That’s 9 children in an average classroom of 30. In the first of its kind survey of over 1,000 school professionals across the school community, nearly all respondents surveyed (89 percent) believe that child poverty in their school had increased in the last two academic years. This increased to 97 percent for head teachers and senior leaders, and 95 percent for governors.

Recognising that this review provides an opportunity to tackle some deep-rooted inequalities within the education system and the curriculum. Let’s look at some of the key issues.

Assessment The way learning and progress are assessed has a huge impact on students’ ability to progress to other forms of education, learning or work. Exams disproportionately disadvantage individuals living in poverty, as these students may not have quiet, safe or warm places to study. Many Disabled students may not have the right equipment at home to study. Exams also rely a lot on memory and a particular way of writing and presenting your views, which excludes many Disabled students and causes stress and anxiety to many. This may particularly impact students who already have money worries or other stressors at home. The Youth Shadow Panel curriculum review interim report earlier this year highlighted the stress that exams can cause and how exclusionary they can be: “Most of our papers are based off memorisation and I don't think that's fair because there is so much to remember.” (KS3)

As well as increasing poverty, there have also been real-term decreases in per-pupil funding since 2010, which has meant that schools have less purchasing power. The Institute for Fiscal Studies (IFS) analysis from 2024 gives a detailed picture of school spending and predictions for this coming year. There has been much debate recently about the “broken system” for Disabled children and the cost of supporting them. The Labour government is promising a community wide approach and increasing inclusion in mainstream schools as well as breaking the class For assessment to be accessible and inclusive, ceiling. there needs to be flexibility, with different ways In considering issues related to access to for students to show what they know. Assessment education and the curriculum, poverty is not only methods must not only take into account different about monetary resources but also about access learning styles but build on the strengths of the to different kinds of opportunities and networks, students, rather than compound inequalities as well as about children’s self-perception. or exclude students who don’t have the same Poverty disproportionately affects Black/Global resources at home or access to the same support Majority and Disabled people. networks as more affluent and non-Disabled peers. Standard tests, rather than showcasing It is in this context that the government announced the unique strengths of particular students, often the curriculum review in July 2024. reinforce dominant culture too, which reinforces

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Policy stereotypical assumptions and excludes many backgrounds, and will fall short of Inclusive groups, including many people from Black/ Education.

Global Majority communities, Disabled people and LGBTQI+ people.

Inclusion needs to start with vision, and it is a process that requires commitment from all school A broad curriculum staff, local authorities and the government. It Currently the curriculum has too much focus on requires creativity, funding and effective policy.

Maths and English, especially at primary level, and there is an over-reliance on academic subjects. An inclusive school with an inclusive curriculum This means that many Disabled children are would support students and families to get their being pushed away from mainstream settings, entitlements to, for example, welfare benefits based on false assumptions about whether they and support through health and social care will be able to pass exams. Those experiencing plans. An inclusive school would also break poverty often have less access than their more down other practical barriers associated with the affluent peers to the arts and creative subjects cost of the school day. Often, breaking down the A broad curriculum and a great universal offer curriculum in different ways supports the most could be a way to start to level the playing field. disadvantaged in the classroom as well as the others. In his article ‘Crafting your curriculum In order to do this, however, we need to close with poverty in mind’, Sean Harris talks of the the gaps outside of school as well. For example, importance of a curriculum that lands with the many students come to school hungry and 25% of students, and discusses ways to centre and schools have some kind of food bank provision. support those who experience socio-economic There is widespread recognition that schemes hardship. like breakfast clubs support children who may be facing hardships at home that impede their Rather than siphoning off some children to ability to learn. However, many Disabled students resourced units and still more to special schools cannot access these provisions due to dietary and pupil referral units, an aspirational broad requirements or other logistical barriers and curriculum would put the most disadvantaged lack of support. Disabled children often don’t at the centre. An inclusive curriculum would get access to the full curriculum once they are in also normalise disability as a social justice issue special schools, and SEN units within mainstream and support the whole class to understand the settings restrict access to the full curriculum. world around them. This would include histories Disabled children, who are disproportionately that affect us all in different ways, enabling living in poverty, have less access to creative Young people to understand each other in all expression, critical thinking and problem-solving their identities and build friendships and lasting opportunities due to segregation. There are lower connections across divides such as class, race expectations on their academic achievement, and disability. with specialist provision often focusing on therapy and ‘looking after’ students, rather than The Disabled People's Movement has a pivotal on providing a full and rounded education. role to play in making education inclusive, and Stronger Voices emerge to support Disabled As part of the ‘zero-tolerance to low expectations’, People’s Organisations in London. This includes the Labour government has stated that it wants to to understand the links between segregated focus on oracy in their revamp of the curriculum. education and poverty and to campaign on the However, an oracy focus will exclude students issues, as well as engage Young people and their with particular impairments and from particular organisations campaigning work. Please do get in touch with Lani Parker for more details.

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Policy

The Curriculum and Assessment Review: A Disability Rights Perspective Dr Richard Rieser OBE’s take on the government’s curriculum review from the perspective of UK law and United Nations convention. Richard is CEO of World of Inclusion, Coordinator of UK Disability History Month, and General Secretary of the Commonwealth Disabled People’s Forum.

Background

In 2022/23 there were 16.1 million Disabled people or 24% of the population in the UK according to the Family Resource Survey.

In England in January 2024, 18.4% of school pupils had Special Educational Needs, 4.8% EHCPs, and 13.6% with SEN Support. That is 1.7 million in England (0-16 year olds).

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Impairment has existed throughout human existence. The types and degrees vary, but social reactions cause disablement. For thousands of years, the overwhelming social response was negative with the occasional veneration (Traditional/Charity Models).

Then with the Enlightenment, burgeoning medical science suggested limited solutions for fixing some impairments (Medical Model).

Along the way false science intervened with Eugenics and Social Darwinism that led to Segregation and the Isolation of Disabled people.

Disabled people increasingly resisted and identified reactions to them as socially and culturally derived. They identified disablement as being a result of attitudinal, environmental and organisational barriers that they faced as people with impairments (Social Model).

After 40 years of Disabled people struggling for this paradigm shift it was adopted in the UNCRPD. Now ratified by 191 countries it promotes a Human Rights Model based on the Social Model. The UNCRPD was ratified by the UK in 2009.

Policy

UNCRPD Article 24, Inclusive Education Article 24 of the UNCRPD requires governments to develop an Inclusive Education system for Disabled students with reasonable adjustments and the right support, while teachers are trained to manage inclusive classrooms, and alternative communications systems such as Sign Language, Braille and Easy Read and Pictograms are made available.

As General Comment No 4, which is legally binding in international law, says on ‘the right to inclusive education’: “Ensuring the right to inclusive education entails a transformation in culture, policy and practice in all formal and informal educational environments to accommodate the differing requirements and identities of individual students, together with a commitment to removing the barriers that impede that possibility. It involves strengthening the capacity of the education system to reach out to all learners. It focuses on the full and effective participation, accessibility, attendance and achievement of all students, especially those who, for different reasons, are excluded or at risk of being marginalized”.

The single public sector equality duty will require public authorities including schools to: • Eliminate discrimination, harassment and victimisation; • Advance equality of opportunity by removing and minimising disadvantage, taking steps to meet the needs of groups’ protected characteristics, and encouraging their participation; • Foster good relations, tackle prejudice and promote understanding.

The current curriculum So, how successful has our current curriculum been at formally educating Disabled people? According to the 2021 Office for National Statistics report on the Outcomes for Disabled people in the UK: • 13.3% of Disabled people had no qualification (aged 21 to 64) compared to 4.6% non-Disabled people.

• 4.5% of Disabled people with significant neurodiversity and learning difficulty are employed.

Michael Gove switched the National Curriculum to a knowledge base, starting at a higher threshold excluding many students with learning difficulty. In addition, removing The Equality Act continuous assessment which provided The Equality Act 2010 and Single Public Sector more flexibility and adaptation. So, the Equality Duty (Sec 149) 2011 harmonises National Curriculum is currently not fit for the existing three duties into one new duty, purpose as an inclusive curriculum. which will cover all seven equality strands: age, disability, gender, gender identity, race, Achieving an Inclusive Education religion or belief and sexual orientation. Age system will not be covered under the public sector So what do we need to do to transform our equality duty for public bodies delivering education system into a real inclusive one education. for all learners?

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Policy

a. Develop a comprehensive and coordinated legislative and policy framework for Inclusive Education and a timeframe to ensure that mainstream schools foster real inclusion of Disabled children in the school environment and that teachers and all other professionals and persons in contact with children understand the concept of inclusion and are able to enhance Inclusive Education; b. Strengthen measures to monitor school practices concerning the enrolment of children with disabilities and offer appropriate remedies in cases of disabilityrelated discrimination and/or harassment, including deciding upon schemes for compensation; c. Adopt and implement a coherent and adequately financed strategy, with concrete timelines and measurable goals, on increasing and improving Inclusive Education. The strategy must: i. Ensure the implementation of laws, decrees and regulations on improving the extent and quality of Inclusive Education in classrooms, support provisions and teacher training, including pedagogical capabilities, across all levels providing for high

quality inclusive environments, including within breaks between lessons and

through socialization outside “education time”; ii. Set up awareness-raising and support initiatives about Inclusive Education among parents of Disabled children; iii. Provide sufficient, relevant data on the number of students both in inclusive

and segregated education, disaggregated by impairment, age, sex and ethnic background, and on the outcome of the education, reflecting the capabilities of the students.

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What are the parameters that should guide an inclusive disability equality curriculum?

• Recognition of Impairment over history and geography and the variability to disabling barriers • Values based on inclusion, the intentional building of relationships and emotional intelligence • Human Rights approach • Universal design and generalising accessibility in all forms • These to be applied to all curriculum areas from Early Years to KS1/KS5 on a spiral basis, across each curriculum area. This means at least one programme of study in each curriculum are in each key stage focusing on disablement/disability.

Can an inclusive curriculum be enacted now in England?

Yes. If we are clear about what we mean by inclusion and the values needed by schools to enact it and provide a massive staff development programme with time for developing the materials and the pedagogy necessary and the flexible assessment systems that can demonstrate progress on a formative rather than a normative basis.

For this we need to argue and campaign.

More:

Go to the World of Inclusion website for the full talk, PowerPoint and film clips.

Legal Question “My name is Brooklyn, I am 14 and in Year 10. I attend my local mainstream school and use a powered wheelchair and eye gaze device for communication, as well as to control my wheelchair. I was looking forward to pursuing my dreams of becoming an Artificial Intelligence (AI) engineer, so I was excited to recently secure a work experience placement in this area, as part of my coursework.

I have an Education, Health and Care Plan (EHCP) that includes funding from health and social services, and a dedicated team of personal assistants (PAs), both at school and outside.

A month before the placement began, the company withdrew their offer, stating my presence would impact team productivity, take up too much office space, and compromise the security of their information due to the PAs. They also refused to allow my mobile hoist on-site, claiming it would be a safety hazard. The company made these justifications even though they were aware of my requirements.

The late withdrawal of the placement has left my school with insufficient time to secure an alternative opportunity, and they are not in a position to provide an internal work experience placement.

What actions can I take to challenge this withdrawal decision?

There are duties under the Equality Act 2010 (EA 2010) to ensure that Disabled people do not suffer discrimination. Disability is a ‘protected characteristic’ under the EA 2010. The company would appear to be acting in a discriminatory way.

There are a number of potential ways in which the company is discriminating. Even if you could not prove that there was direct discrimination, there would appear to be strong other grounds to argue that they are acting contrary to the Equality Act. We set out some of the ways in which there may be discrimination below.

Direct discrimination- Being treated less favourably than others because of your impairment Any 14-year-old attending an office for work experience is likely to some degree to impact on team productivity. The fact that they are raising concerns because of your impairment (as opposed to your age) points towards there being direct discrimination, particularly if they have previously provided work experience opportunities to nonDisabled children. Similarly, the idea that you would ‘take up too much office space’ is also unlikely to be accepted as an excuse given that work experience was offered in the first place. If there is a genuine issue relating to space (which is doubtful) they would need to show that and no doubt appropriate reasonable adjustments could be made (e.g. rearranging desks/ potentially asking a member of staff to work remotely for a few days) Failure to make reasonable adjustments The failure to allow a mobile hoist is very likely to be considered a failure to make a reasonable adjustment – there is no obvious reason why it should be a safety hazard, and the question

obviously arises as to what they would intend to do if they had a regular employee with your condition.

An obvious reasonable adjustment in terms of security concerns about the PA is to get them to sign whatever confidentiality documents you were required to sign…

There may also be other ways of arguing that there was discrimination as well e.g. discrimination arising from your impairment, Your need for a hoist/ PA/ more space arises as a consequence of your impairment, and the company is likely to find it hard to show that refusing to allow you to attend is a proportionate means of achieving a legitimate aim where there would appear to be less discriminatory routes open to them as set out above.

Practical next steps.

I would very much hope that a well worded letter from the school to the company raising concerns about potential disability discrimination would be enough to get the company to change their position. I would be very surprised if they did not back down. In theory if that did not work and there was still time a letter before action from a solicitor may persuade them to change their mind, if that was a route you wished to go down.

There would be the potential for a disability discrimination claim in the County Court if attempts to get them to change their position were unsuccessful, but I would hope that matters would not get that far.

Legal question posed by ALLFIE’s Michelle Daley, and answered by Dan Rosenberg and Mia Cappabianca, Simpson Millar Solicitors.

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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