Cuts to services: know your rights!

Recently, there has been a lot of very worrying talk on twitter about cuts to LA funding (or consultations about cuts to funding) for disabled children's services. For example, see this article tweeted by @JarlathOBrien this morning.

These cuts appear to be being made around the country but seem to be targetted at two key areas:  (i) transport and (ii) so-called 'short break' funding.

We wanted to put out some information quickly about the law in this area. Let us know if there is anything we have missed and we will add it.

If any specialist lawyers out there would like to write something about consultation or challenging cuts, or the law in this area, then please let us know and we will add your piece/blog to the list below.

Similarly, if any parents, teachers etc would like to flag up what is happening in their area, let us know and we will add to the 'Tell us what is happening around the country' section below.

Transport

Many parents are finding themselves having to battle for transport to school funding as some LAs seek to reduce their budgets.

Barrister, Steve Broach, has produced this summary of the law on transport.

You can also find information on IPSEA's website here.

Contact-a-Family have produced this summary.

@bjpren has posted some useful information here based on her discussions with the DfE

Statutory guidance can be found here. Statutory guidance should eb followed unless there is a good reason not to follow it.

If in doubt about changes to LA policy or about the nature of any consultation being conducted, seek legal advice immediately. A list of solicitors who may be able to help can be found on the last page of this brochure but there are other firms. You need to look for a solicitor who is a specialist in SEN and public law.

'Short break' funding

Short breaks are invaluable services which support disabled children and their families. They include the provision of day, evening, overnight and weekend activities for the child or young person, and can take place in the child’s own home, the home of an approved carer, or in a residential or community setting.

Sadly, it appears that some LAs are engaged in consulting on cuts to these services or have already agreed cuts. Some are using other mechanisms to try and reduce their expenditure, like arbitrary cut off dates for applications etc.

EDCM has produced a guide  to the law on 'short breaks'. Again, this is an area which requires specialist legal advice.

Tell us what is happening around the country

We would like to build up a picture of consultations, challenges and unlawful practices around the country.

Let us know if you have information about what is happening in your area and we will add it here.

We feel Parent Carer Forums must be particularly careful if  engaged in consultation on these issues. They must ensure they know the law and don't seek to present themselves as acting for all parents.

Wiltshire Short Breaks

Wiltshire Council introduced an arbitrary cut-off date for 'short break' funding applications for 2015-2016 of 28 February 2015.

Anyone, including existing recipients of the funding, who did not apply by this date are being refused the opportunity to make an application and their funding has been withdrawn.

Worst of all, it seems that not all existing recipients were informed of this cut-off date. In previous years,  Compass Disability (who run the service for Wiltshire Council) wrote to all exisitng applicants with forms for renewal.

An initial response from Wiltshire Council suggests that, "following a series of WPCC consultation events on the Short Breaks Scheme with parent carers of children and young people with special educational needs and/or disability during June 2014 and a subsequent on-line survey, a fixed cut- off date for receiving applications has been implemented".

It appears that some parents had no idea this consultation was taking place and, of course, this should stop them receiving information about funding to which they are entitled.

If we are incorrect, perhaps Wiltshire Council, Wiltshire Parent Carer Council or Compass Disability would like to clarify what has been happening.

Inclusion blog posts

Blog posts

In preparation for the unconference we held on 3rd February this year, we put together a list of blog posts on inclusion.

We are now re-posting them on this separate page so that more people may get the chance to read them

We have listed the posts alongside the author's username so you can follow them on twitter. If you have a blog post you would like us to add, just email us at educationalrightsalliance@live.com or send us the link via twitter @ERA_tweet.

And don't forget, if you haven't seen the inclusion manifesto yet, please do read it. You can sign by tweeting us your name and role or emailing us at educationalrightsalliance@live.com.

@jarlathobrien  Entitlement? Yes. Inclusion? No. 

@bjpren Parenting and schooling 

@JulesDaulby How normal do you have to be for mainstream? 

@jordyjax Inclusion or exclusion? The great SEND debate! 

@SimonKnight100 The things we do to be more inclusive

@SimonKnight100 Perceptions of difference in the inclusive classroom

@judeenright  To include or not to include? 

@JayeRHill Special needs are a special case

@90_maz Inclusion?

@cherrylkd Inclusion. A few thoughts.

  @jarlathobrien Guest Inclusion Blog #1

@nancygedge Who’s Afraid of the Special School?

@nancygedge Battle weary

@nancygedge The Crystal Hedgehog

@gdmorewood What does inclusion mean in 2015? (Part 1 of a 4-piece post!)

          @gdmorewood What does inclusion mean in 2015? (Part 2)

          @gdmorewood What does inclusion mean in 2015? (Part 3)

         @gdmorewood What does inclusion mean in 2015? (Part 4)

@ChildrensComm My life at School

@headguruteacher Inclusion and Exclusion in a Community School.

@NDempseyDTA Inclusion: the enterprise of putting all of the children into the same building?

Independent Supporters update

Background

We have written extensively about Independent Supporters. For example, read here and here and here  and here.

Our concern has been that this is a £30 million  'top down' intitiative created out of the blue, seemingly without any genuine demand or parental input. It seemed to us from the start that Independent Supporters were not intended to be 'Parent Champions' but that this was an initiaitive aimed more at helping local authorities 'shift' parents across to the new EHCP system.

This does not, of course, detract from the dedication, passion and commitment of many of the individuals involved but it has been made very clear, on numerous occasions, that Independent Supporters do not exist to provide legal advice to parents to help them challenge unlawful LA practices and this is a concern.

This information comes from those managing the project. For example, Christine Lenehan from the Council for Disabled Children has confirmed that:

"Independent Supporters will be working with and not against LAs and that legal training is provided to give Independent Supporters an understanding of the legal framework of the reforms, not advice on how challenge LAs on the law."

We feel it is very important not to mislead parents about the role of IS and to put clear information and evidence in the public domain.

Additionally, in a system plagued by endemic unlawfulness, we wonder what the 'added value' of this iniative is to parents above and beyond existing mechanisms.

Update

Our interest in this project was sparked again by several tweets supplying information about Independent Supporters over the last few days.

The Council for Disabled Children has recently put out this information. This was tweeted as " 80% of parents/young people using Independent Support would recommend it."

However, if you look at the information provided, in the 'small print', this joint press release with the Department for Education confirms that this information was based on "results from the first 100 respondents to user survey".

'The first 100 respondents'!

Not only is this sample size so small as to be meaningless when you consider how many parents there are nationally who have children and young people with SEN but it is hard to process how anyone calculated who the 'first 100 respondents' were. This data lacks rigour.

Additionally, there is absolutely no context to this information. For example, how many parents have used Independent Support, how many have refused Independent Support, who was asked to complete a survey, how and at what stage in the process (e.g. were they asked beginning or end), were those who refused 'support' asked to complete a survey too etc etc.

It is all very disappointing and it is hard to see how it is appropriate to present information in this way without critical analysis or context.

Further, we are aware of  no information thus far from NDTI (the National Development Team for Inclusion) despite the fact that they won the Government contract to provide an independent evaluation of the IS service. We are concerned at the appropriateness of the Government and its Strategic Reform Partner producing this information with no reference to the planned independent evaluation process the public has already paid for.

In our experience,it has been almost impossible to obtain clear information about the actual operation of these schemes on the ground. For example, way back in September, we wrote this letter to all 46 publicly funded organisations supplying Independent Supporters to parents.

To date, we have had TWO proper responses supplying the information we requested. These responses are set out below:

1. Parent Voice (Hampshire)

Response to ERA letter

Independent Supporters Referral Process

Hampshire Memorandum of Understanding

Hampshire Referral Process

Independent Support Job Description


2. Amaze (Brighton)

Memorandum for Understanding - West Sussex

Memorandum of Understanding - Brighton

Info on Amaze

Service Outline for Brighton

Service Outline for West Sussex

What works for us report

Independent Supporters Job Description


We thank those organisations for supplying this information and call on others to do the same.

There really is no excuse for not supplying it as public money is paying for these services.

We believe that the more factual information rather than spin we can have around Independent Supporters, the better placed parents will be to decide whether the service will be useful to them.

Joint manifesto on inclusion is now open for signature

Manifesto 

Following on from the unconference on 3rd February, and as a result of discussions on the day, we have pulled together some key views which appeared to shared by all attendees and we have put them in a 'draft manifesto'.

You can read a report about the unconference by MMU Research Institute for Health and Social Change here

You can also read Gareth Morewood's piece on the unconference and the manifesto here.

You can read the Manifesto here.

A primary aim of the manifesto is to put these issues in the mainstream of the education debate. Too often they are sidelined and not seen as everyone's responsibility

This manifesto does not belong to the ERA. We want this to be a genuine reflection of the views expressed and a summary of aims which people feel they can openly support.

We have already received fantastic feedback for the manifesto. The next step will be to identify actions which can be taken in support of these aims. Some great suggestions have been made.

Let us know what you think - we welcome amendments, suggested additions and, of course, declarations of support!

How do I sign?

If you would like to 'sign' this, contact us at educationalrightsalliance@live.com or tweet at us @era_tweet or you can leave a comment on the page.

You can sign in your personal capacity and/or on behalf of your organisation. It is up to you as to how you describe your position/role.

Unconference - amazing day!

Thanks so much to everyone who attended the unconference today.

A special, big thanks goes to our excellent speakers, Katherine Runswick-Cole, Nick Hodge, Damian Milton, Di Kay, Barney Angliss and, of course Nye - what a diverse range of topics and perspectives!

The contributions which followed in the open sessions were really thought-provoking and we are grateful that people gave so generously of their time and energy to attend. The commitment to working together to create change was inspriring.

We intend to give a full report back together with a summary of the main points - to be agreed by attendees. This is a collaborative effort.

We also want to share some of the ideas people had for future action and to build on this event.  We want to take the momentum from this event forward to find ways of working together with those who attended and others who are interested in getting involved.

So watch this space! It may be a few days before things appear but, in the meantime, if you attended and would like to provide feedback but didn't get a form, or didn't get a chance to complete one before you left, please do complete the form here. You can send it to educationalrightsalliance@live.com

We genuinely welcome all your views. This was a first for us too so your feedback is really appreciated.

Draft manifesto

Following on from above, and as a result of discussions on the day, we have pulled together some key views which appeared to shared by all attendees and we have put them in a 'draft manifesto'.

You can read the Manifesto here.

This document does not belong to the ERA. We want this to be a genuine reflection of the views expressed and a summary of aims which people feel they can openly support.

The next step will be to identify actions which can be taken in support of these aims.

Let us know what you think - we welcome amendments, suggested additions and, of course, declarations of support!

How do I sign?

If you would like to 'sign' this, contact us at educationalrightsalliance@live.com or tweet at us @era_tweet or you can leave a comment on the page.

You can sign in your personal capacity and/or on behalf of your organisation. It is up to you as to how you describe your position/role.

Unconference agenda!

"Change will not come if we wait for some other person or some other time. We are the ones we've been waiting for. We are the change that we seek"

There are not many days to go now before we can all meet, share ideas and plan for action at the 'sold out' unconference on inclusion in education!

We are facilitating this event so we want to leave as much time as possible for people to discuss their own views. We know that structure and a bit of planning relieves anxiety for some, so we have put together a time schedule for the day (big thanks to George Julian and Damian Milton for their advice on this).

The schedule is here.

We have also put together a 'break out' session plan so you can see how many sessions are available and think about what you might like to discuss and when. You can view the plan here

How will it work?

We have a big hall and a meeting room. You can see the venue here. Thanks again to Irwin Mitchell for all their help and their kind, no strings attached sponsorship!

We think there should be space for four discussion groups in the main hall and two in the meeting room. We will also see if we can identify a 'quiet space' in an office for those who need a bit less noise.

You can book your slot when you arrive at the unconference. The idea is that you tell everyone what you want to 'host' a discussion on and let us know if you want 20 or 40 min slot. If you're a bit nervous about these things, just let us know by email or at the event and we can try and support you to share your ideas.

You can also volunteer for time slots in advance by email. Of course, you don't have to host a slot. You can just turn up and listen and/or share your thoughts.

The slots will be booked up and people can choose where they want to go and can move between the groups. What happens in those discussion groups is up to you!

There are scheduled speakers at regular intervals giving short talks in the main hall in between sessions. They are:

Nye Doherty, 11 year old pupil with Asperger's Syndrome 

Diane Kay, ERA member and parent with a disabled child

Dr Katherine Runswick-Cole, parent and academic together with fellow academic (and partner in crime) Professor Nick Hodge

Barney Angliss, secondary school SENCO who has Asperger's Syndrome

Damian Milton, academic and autism campaigner

The ERA team will introduce themselves on the day and act as helpers at the sessions. We can help record conclusions and help you give feedback at the end of the day.

In the last session of the day, we hope to share what has gone on in the sessions and draw up a basic plan for future collaborative action!

Refreshments

There will be tea, coffee and biscuits available. We will be asking for donations. As for lunch, please feel free to bring your own and use the kitchen or go and explore the cafes and shops nearby.

Live tweeting

Join in online using #ERAwematter.

Bear with us on the day as we do our very best to include everyone!

Please contact us by email (educationalrightsalliance@live.com) or tweet at us with any concerns, ideas, suggestions for time slots and of course, do tell us what we have missed.

Rome wasn't built in a day but this is a start. A chance to change the tired old conversation. Be kind and patient with us: we are parent volunteers and we want to ensure everyone has a say!

Welcome to the unconference!

We are really excited that we are getting so close to the date for the unconference on inclusion in education. Read here for more details. There are now only 6 tickets left!

On 3rd February, we will get to meet many empassioned activists, parents, teachers and academics. One important core value unites us - a determination to find effective ways of protecting rights and promoting equality in education.

We have no Government funding, no publicity or communications department, and we are not interested in jargon. We want to include as many as we can so we can open the debate up as widely as possible.

Clearly, the problems of the current system will not be solved in a single day. But we hope the unconference could be the start of a grass-roots campaign for real change by people who are actually affected by the current system. We really believe there is a need to find ways of extending effective campaigning beyond the 'usual suspects'!

Below we have posted a bit more information about the day but there will be more to come!

Event

All the details about the event are available here. Again, a big thank you to Irwin Mitchell for funding the hire of the room.

Agenda

Although the unconference format (see here) allows for an informal agenda with attendees setting the schedule and topics of discussion, we are going to add a bit of structure. We think this particular helps those who find lack of structure challenging.

There will be very short presentations throughout the day on inclusion and the following attendees have kindly agreed to speak or prepare a power point:

• Nye Doherty, 11 year old pupil with Asperger's Syndrome 
• Diane Kay, ERA member and parent with a disabled child
• Dr Katherine Runswick-Cole, parent and academic
• Barney Angliss, secondary school SENCO who has Asperger's Syndrome
• Damian Milton, academic and autism campaigner

We will post more details on the specific agenda when we have it and we will provide details for how you can start to contribute towards the agenda by suggesting topics for discussion.

Live tweeting

We aim to live tweet the event! If you want to help with this let us know.

Refreshments

There will be tea, coffee available and biscuits available. We will be asking for donations.

As for lunch, please feel free to bring your own and use the kitchen or go and explore the cafes and shops nearby.

Contact us

Contact us at any time with any concerns, queries, accessibility requirements or other issues. You can email at educationalrightsalliance@live.com