tag:blogger.com,1999:blog-75390013917421877502024-03-12T19:08:31.038-07:00Educational Rights AlliancePromoting the educational rights of disabled children and young people and those with special educational needs Unknownnoreply@blogger.comBlogger47125tag:blogger.com,1999:blog-7539001391742187750.post-35983166279493687162016-04-04T07:23:00.001-07:002016-04-04T07:31:46.359-07:00Ofsted ‘failing to check’ equality law compliance<div style="text-align: justify;">
For almost a year, we have pressed Ofsted on the issue of inspecting schools' compliance with the Equality Act and its Regulations. The background can be read <a href="http://educationalrightsalliance.blogspot.co.uk/2015/10/ofsted-schools-and-law-inspecting.html"><span style="color: #990000;">here</span></a>.</div>
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Recently, one of our committee members, lawyer Debbie Sayers, was asked to contribute an article to the <a href="https://www.tes.com/news/school-news"><span style="color: #990000;">TES's </span></a>SEN blog. Debbie chose to write a piece about equality and apparent failure of Ofsted to check compliance with the Act in accordance with the commitment in its <a href="https://www.gov.uk/government/publications/common-inspection-framework-education-skills-and-early-years-from-september-2015"><span style="color: #990000;">Common Inspection Framework Document</span></a>. Debbie questioned whether Ofsted were, as a matter of routine practice, checking compliance with the Act and what form this inspection was taking. She also noted Ofsted's comments in a <a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4MnFSX2RoVVYwajA/view"><span style="color: #990000;">letter </span></a>to the ERA that a breach of the law would not necessarily prevent a school being graded 'good' or 'outstanding'. She argued "if Ofsted inspectors don't consider these issues, why should schools bother? Ultimately, Ofsted may find that the disconnect between its policy commitment and practice carries legal consequences."</div>
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The TES decided to produce an article instead of using the blog. The article is usually only available to TES subscribers but, with the kind permission of the TES, the article, written by Charlotte Santry, can now be reproduced <a href="https://drive.google.com/open?id=0B9GzK_Pgp6B4b0l5bzRSUWtNbHM"><span style="color: #990000;">here</span></a>.</div>
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Two lawyers are quoted in the article. John Halford from Bindmans notes: " Schools would be breaking the law if there was no written evidence that they had complied with equalities legislation and could show that they had discussed it.... Ofsted could be challenged if it failed to demand the evidence."<br />
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Sarah Woosey, from Irwin Mitchell LLP, confirmed that "the issues raised by the ERA suggested “shortcomings” in the way that Ofsted had carried out its role in accordance with general public law principles, including acting fairly, rationally and in good faith. “There seem to be some important concerns raised here that would need thorough investigation”.<br />
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We think that it is time for Ofsted to face these issues head on and set out very clearly:<br />
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(i) how will it be checking compliance with the law. The duties imposed by the <a href="http://educationalrightsalliance.blogspot.co.uk/2015/06/inspecting-inequalities.html"><span style="color: #990000;">Equality Regulations</span></a> are very clear. This is not just about "outcomes" but about everyday practices and procedures; and<br />
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(ii) how they will deal with schools who break the law. We believe that a failure to comply with the law should prevent a school from being considered 'good' or 'outstanding'.<br />
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We are happy to meet to discuss this with Ofsted. We believe that it is now time for Ofsted to demonstrate a genuine understanding of the law in this area and set out the concrete steps it intends to take to ensure compliance with it.<br />
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This is a more effective use of public money than becoming embroiled in legal proceedings.</div>
Unknownnoreply@blogger.com1tag:blogger.com,1999:blog-7539001391742187750.post-55127806138707033572015-10-23T04:48:00.001-07:002016-03-03T03:34:59.993-08:00Inspecting [in]equalities Part 2: Ofsted, schools and the law<div style="text-align: justify;">
For the past few months we have been engaged in an email conversation with Ofsted about the issue of inspection and compliance with the Equality Act.</div>
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This conversation began some months ago after we noticed that several schools, recently graded 'outstanding' by Ofsted, did not appear (at first glance) to be complying with some of the statutory duties set out by the <a href="http://www.legislation.gov.uk/ukpga/2010/15/contents"><span style="color: #990000;">Equality Act</span></a> and its accompanying <a href="http://www.legislation.gov.uk/ukdsi/2011/9780111512951"><span style="color: #990000;">Regulations</span></a>. For example, they had no equality information on their websites and seemed to have published no equality objectives. Further we were concerned to find that, in some cases, there was no evidence of the existence of the statutorily required <a href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/349435/Statutory_guidance_on_supporting_pupils_at_school_with_medical_conditions.pdf"><span style="color: #990000;">medical needs policies</span></a>. The Ofsted reports for these schools did not reference this information and there was no evidence that the issues had been discussed with the schools in question or formed any part of the Ofsted inspection. </div>
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The statutory duties in the Equality Act are important because they do not just require policies: they require action and records of action. They require target-setting, and publication and information and engagement. They require disabled pupils to be considered when all school functions are exercised and all decisions made. They are a key protection against disadvantage. Thus, they are not to be dismissed lightly, least of all because it is unlawful to do so. Consequently, we blogged about this in some detail <a href="http://educationalrightsalliance.blogspot.co.uk/2015/06/inspecting-inequalities.html"><span style="color: #990000;">here</span></a>.</div>
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We are not trying to police schools on this. We believe schools do not always understand their duties and that more work should be undertaken to support schools and address this. However, we believe that these fundamental legal protections should be 'mainstreamed' by education inspectors to ensure that lawful practice is promoted.<br />
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Our concern is simple: should Ofsted be grading schools as 'good' or 'outstanding' if they have not checked that schools are meeting all their basic statutory duties? </div>
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<b>Common Inspection Framework</b></div>
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There is no doubt that this question is within Ofsted's remit. The new <span style="color: #990000;"><a href="https://www.gov.uk/government/publications/common-inspection-framework-education-skills-and-early-years-from-september-2015"><span style="color: #990000;">Common Inspection Framework</span></a> </span>does not mention inclusion but it does<span style="color: #990000;"> </span>confirm:</div>
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"15. Inspectors will assess the extent to which the school or provider complies with relevant legal duties as set out in the Equality Act 2010 and the Human Rights Act 1998, promotes equality of opportunity and takes positive steps to prevent any form of discrimination either direct or indirect against those with protected characteristics in all aspects of their work."</div>
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With this in mind, we have continued to raise questions with Ofsted about:</div>
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(i) whether inspectors have the training and expertise to make such determinations;</div>
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(ii)what form this inspection will take in practice;</div>
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(iii) what the consequences are for schools not complying with the law (i.e. will this prevent them being graded 'good' or 'outstanding'); and</div>
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(iv) whether there is any mechanism for reporting concerns about the failure of Ofsted reports to consider such issues.</div>
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Sean Harford, National Director, Education at Ofsted, and his staff, have been extremely helpful in attempting to answer these questions but concerns remain. Ofsted has confirmed it is happy for us to share the letter below.</div>
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<b>Sean Harford's letter</b></div>
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First, Sean wrote back to us in July with this <a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4Q2hoMmw5NkJjVDA/view?usp=sharing"><span style="color: #990000;">letter</span></a><span style="color: #990000;">.</span> It confirms:</div>
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(i) "all inspectors undertake training on inspecting equalities and its impact. Part of this will include face to face sessions and e-learning to reinforce this aspect of inspection";</div>
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(ii) "When considering the effectiveness of leadership and management, inspectors consider ‘how leaders promote all forms of equality and foster greater understanding of and respect for people of all faiths (and those of no faith), races, genders, ages, disability and sexual orientations (and other groups with protected characteristics), through their words, actions and influence within the school and more widely in the community.";</div>
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(iii) "An inspector will report on whether a school is fulfilling its statutory duties" (my note: this is in reference to a question on the Equality Act 2010 (Specific Duties) Regulations 2011);</div>
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(iv) "All evidence gathered during inspection is used to compile the inspection report"; </div>
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(v) "<span style="text-indent: -18pt;"><span style="font-stretch: normal;"> </span></span><span style="text-indent: -18pt;">Any failure to comply with statutory arrangements would be detailed in
the inspection report"; and</span></div>
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<span style="text-indent: -18pt;">(vi) "</span>During inspection, inspectors will engage where possible with parents and pupils from different faiths (and those of no faith), races, genders, ages, disability and sexual orientations (and other groups with protected characteristics), but do not purposefully seek out select groups of people to talk to. "</div>
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<span style="text-indent: -18pt;">The letter also confirms that </span>Ofsted considers itself bound by the Equality Act and "as such publishes a report on our workforce picture in terms of equality and general objectives". The Equality Act seems largely something Ofsted considers in relation to its workforce; it sets no objectives in other areas, for example.</div>
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<b>Conclusions</b></div>
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From this, we would suggest the following conclusions could be drawn:</div>
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(i) Ofsted has committed itself to inspecting compliance with the Equality Act and its Regulations;</div>
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(ii) evidence of this compliance (including compliance with the publication duties under the Regulations) should be sought during inspections;</div>
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(iii) this evidence should be referenced on the face of the report; </div>
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(iv) Ofsted will undertake this assessment without necessarily talking to anyone with a protected characteristic (or any parent) to check if what is documented is occuring or to obtain their views; and</div>
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(v) Ofsted has not confirmed what the outcome will be if schools are not found to be complying with the law. Thus, we don't presently know whether statutory non-compliance will prevent schools being graded 'good' or 'outstanding'. The evidence to date suggests it will not.</div>
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<b>Further questions </b></div>
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We have not published this letter before because we have been engaged in further discussions with Ofsted to clarify some of these points.</div>
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<i>Concerns about Ofsted reports</i>: Ofsted has confirmed that if anyone comes across a report which they feel does not address these issues appropriately, they should contact the Schools Policy team - <a href="http://Schools.PolicyTeam@ofsted.gov.uk/"><span style="color: #cc0000;"> Schools.PolicyTeam@ofsted.gov.uk</span></a> - referencing the school details and relevant inspection. </div>
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<i>Ofsted guidance to schools</i>: Despite having said in its Framework document and further correspondence that Ofsted inspectors will be looking at compliance with the Equality Act and its Regulations, Ofsted has not produced any guidance for schools on how it will undertake this assessment. Ofsted appears happy to write and blog about other issues concerning inspection (<a href="https://educationinspection.blog.gov.uk/2015/10/19/school-governors-and-inspection/"><span style="color: #990000;">here </span></a>for example) so we would suggest it provides equally clear guidance on this important issue.</div>
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<i>Consequences of non-compliance</i>: it is still not clear whether there are any consequences to breaking the law. Should a school really be graded 'good' or 'outstanding' if it is not complying with its statutory duties? Schools cannot get to pick and choose which laws they obey and Ofsted should have a clearly stated and consistent policy to address this.</div>
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<b>Recently published Ofsted reports</b></div>
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Our concern is that there will be, in practice, no attempt to consider compliance with the Equality Act or its Regulations. </div>
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This is particularly disappointing when the Regulations are so easy to assess as they are publication duties. Either a school has been publishing the required information or it has not. If it has not, it is breaking the law and the chances of it having complied with the other duties set out in the Act are, it could be suggested, minimal.</div>
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Ofsted considers whether schools have other statutorily required documents (see <a href="https://www.gov.uk/guidance/what-maintained-schools-must-publish-online"><span style="color: #990000;">this</span></a>) yet it appears to have done little in this area. Recently published Ofsted reports appear to confirm this.<br />
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Try this: go to Ofsted's inspection <span style="color: #990000;"><a href="http://reports.ofsted.gov.uk/"><span style="color: #990000;">page </span></a> </span>and look at the most recent reports. In these reports, there may be some comment on schools working to ensure there is no discrimination but it is likely that the Equality Act and its Regulations (or inclusion) are not mentioned. If the Act is mentioned, there is likely to be no evidence that compliance with it has been assessed. Further, if you cross-reference the report to the school's website, you can very quickly see if they have published equality objectives, annual equality information, or whether there is a medical needs policy etc. If these documents are not online, we believe further inquiries should have been raised to ensure the law is being complied with. </div>
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<b>Where are we now? Ofsted and Care Quality Commission inspecting Local Areas</b></div>
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<a href="http://www.rota.org.uk/webfm_send/258"><span style="color: #990000;">Research</span> </a>already undertaken indicates poor levels of compliance by some schools with the Specific Duties Regulations and therefore with the Equality Act. This is no doubt assisted by a lack of oversight or enforcement. </div>
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Further research is clearly required but it is worrying that Ofsted is committing itself to an assessment of compliance via inspection when a cursory glance at inspection reports on Ofsted's site reveals no evidence that any such assessment is taking place in schools. If Ofsted reports are not providing evidence that an assessment of compliance with equality duties has taken place, are inspectors really discharging the requirements of their own Framework document?</div>
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Ofsted and the Care Quality Commission has recently published a <a href="http://www.cqc.org.uk/content/views-sought-inspecting-special-educational-needs-provision"><span style="color: #990000;">consultation document</span></a> about inspecting local area special educational need provision. This has been cautiously welcomed but if Ofsted cannot engage effectively and get fundamental issues of equality right with schools, how is it going to have the expertise, training and capacity to assess effectively the practice of battle-hardened LAs and NHS Trusts?<br />
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<b>Three simple questions</b><br />
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We think Ofsted has a duty to assist schools, parents and pupils by answering three straightforward questions:<br />
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1. How will inspectors discharge the requirements of the Common Inspection Framework by inspecting compliance with the Equality Act and its Regulations?<br />
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2. How will we know this has been done?<br />
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3. Will Ofsted continue to grade schools as 'good' or 'outstanding' if there is evidence they are not complying with the Equality Act and its Regulations (e.g. if they are not publishing objectives and/or equality information)?</div>
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We have now written again to Ofsted on this. Read our letter <a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4UlAwOE80RG9Jc3M/view?usp=sharing"><span style="color: #990000;">here</span></a>.<br />
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<b>Ofsted's response</b><o:p></o:p></div>
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Ofsted's response to our letter can be
found<span class="apple-converted-space"> </span><a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4MnFSX2RoVVYwajA/view?usp=sharing"><span style="color: #660000;">here</span></a>. You can read for yourself whether you find it is a
sufficient.<o:p></o:p></div>
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The salient point is that schools will not
necessarily be downgraded for breaking the law if Ofsted feel pupil outcomes
are ok. It's not clear how Ofsted can ascertain this from a single day's
inspection. In any event, the law's requirements are specific and are not the same thing
as pupil outcomes.<o:p></o:p></div>
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Of course this all depends on Ofsted
actually inspecting compliance in the first place. In reality, from Ofsted
reports, we feel there is little evidence this issue is even being considered by
inspectors despite the Framework commitment.<o:p></o:p></div>
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Unknownnoreply@blogger.com4tag:blogger.com,1999:blog-7539001391742187750.post-6944118622992009292015-06-05T03:16:00.002-07:002015-07-07T09:49:27.665-07:00Inspecting [in]equalities<span style="font-family: inherit;">About two months ago, we became aware of a school, considered to be Ofsted 'outstanding', which seemed to have:</span><br />
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<span style="font-family: inherit;">1. No published equality information - a legal requirement under the <span style="color: #990000;">E</span><a href="http://www.legislation.gov.uk/ukdsi/2011/9780111512951"><span style="color: #990000;">quality Act 2010 (Specific Duties) Regulations 2011</span></a><span style="color: #cc0000;">;</span></span></div>
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<span style="font-family: inherit;">2. One published equality objective which concerned staff gaining knowledge. It was three years old. It set no outcomes and there was no evidence it had ever been reviewed or evaluated for impact;</span></div>
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<span style="font-family: inherit;">3. No published medical needs policy - see the statutory duty under<span style="color: #990000;"> <a href="http://www.legislation.gov.uk/ukpga/2014/6/section/100/enacted"><span style="color: #990000;">s 100 Children and Families Act</span></a></span> and <a href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/349435/Statutory_guidance_on_supporting_pupils_at_school_with_medical_conditions.pdf"><span style="color: #990000;">statutory guidance</span></a>; and</span></div>
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<span style="font-family: inherit;">4. A SEN policy which said that the school may ask parents/carers to accompany children in need of intensive 1:1 if they wanted to go on trips. </span></div>
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<span style="font-family: inherit;">There were other minor, but still tell-tale, annoyances or 'red flags' e.g. policies which still refer to the long gone Disability Discrimination Act and letters to parents which spoke of 'mainstream children'. </span></div>
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<span style="font-family: inherit;">This concerned us. If inclusion doesn't exist in available school policies (the stuff that, frankly, should be easy to get right), will it realistically exist in practice? Maybe. But you would still expect to see evidence of basic compliance with the law (e.g. the equality duties) and evidence that Ofsted had considered the issue. Instead, in this case, the word 'inclusion' is not even mentioned in Ofsted's report and, of course, no comment is made of the absence or existence of equality information.</span></div>
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<b><span style="font-family: inherit;">What are the equality duties?</span></b></div>
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<span style="font-family: inherit;">Under the Equality Act 2010, there is a general equality duty (the Public Sector Equality Duty - PSED) and specific statutory duties. These duties are not optional: they are compulsory. Their aim is to compel public bodies to take action towards equality and to show what action they have taken.</span></div>
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<span style="font-family: inherit;"><u>General duty</u><b><o:p></o:p></b></span></div>
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<span style="font-family: inherit;">The general duty under s. 149 of the Equality Act, has three elements. In carrying out <b><u>all </u></b>its functions, a public body, in this case a school, must have <b>due regard </b>for the need to: <o:p></o:p></span></div>
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<li><span style="font-family: inherit;">Eliminate discrimination and other conduct that is prohibited by the Act;</span></li>
<li><span style="font-family: inherit;">Advance equality of opportunity between people who share a protected characteristic (such as disability) and people who do not share it; and</span></li>
<li><span style="font-family: inherit;">Foster good relations across all characteristics - between people who share a protected characteristic and people who do not share it.</span></li>
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<span style="font-family: inherit;">The term 'due regard' has been defined in case law (Brown principles) as:</span><br />
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<li><span style="font-family: inherit;">awareness – all staff know and understand what the law requires;</span></li>
<li><span style="font-family: inherit;">timeliness – implications are considered before policies/practices are implemented;</span></li>
<li><span style="font-family: inherit;">rigour – open-minded and rigorous analysis is undertaken, including parent/pupil voice;</span></li>
<li><span style="font-family: inherit;">non-delegation – the PSED cannot be delegated;</span></li>
<li><span style="font-family: inherit;">continuous – the duty is ongoing all academic year; and</span></li>
<li><span style="font-family: inherit;">record-keeping – schools should keep notes and records of decisions & meetings. These notes should be made at the time decisions are taken, not retrospectively.</span></li>
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<u> S<span style="text-indent: -36pt;">pecific Duties</span></u></span></div>
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<span style="font-family: inherit;">There are additional specific duties set out in the Equality Act 2010 (Specific Duties) Regulations 2011. They are meant to help public bodies (e.g. schools) demonstrate how they are fulfilling their obligations under the general duty. The importance of transparency, accountability and self-evaluation is stressed. The specific duties that apply to schools in relation to their pupils are:</span></div>
<div>
<ol>
<li><span style="font-family: inherit;">To publish information <b><u>annually </u></b>to demonstrate how schools are complying with the PSED; and</span></li>
<li><span style="font-family: inherit;">To prepare and publish equality objectives at least every four years.</span></li>
</ol>
</div>
<div>
<span style="font-family: inherit;">Schools are free to choose the equality objectives that best suit their circumstances.</span><br />
<span style="font-family: inherit;"><br /></span>
<span style="font-family: inherit;">However, the duties are about action: about what you do, not what you say. So what happens when schools are not even 'saying' the things they should?</span></div>
</div>
</div>
<div>
<span style="font-family: inherit;"><br /></span></div>
<div>
<b><span style="font-family: inherit;">Inspecting [in]equalities</span></b></div>
<div>
<span style="font-family: inherit;"><br /></span></div>
<div>
We are sure this is not an isolated case. <span style="font-family: inherit;">The school we mention is one of many 'outstanding' mainstream schools in England. The gaps in information were identified by a cursory assessment of the school's website. Perhaps this information is available in other formats but there is no evidence from the report that this point has even been considered.</span><br />
<span style="font-family: inherit;"><br /></span><span style="font-family: inherit;">Of course, it is not our job to inspect equalities. Is it Ofsted's? </span><span style="font-family: inherit;">Ofsted's published inspection briefing called 'inspecting equalities' suggests it is:</span></div>
<div>
<span style="font-family: inherit;"><br /></span></div>
<div>
<div>
<span style="font-family: inherit;"> "<i>10. The emphasis is on transparency - making information available so that the school’s local community can see how the school is advancing equality in line with the PSED, and what objectives it is using to make this happen"</i></span></div>
</div>
<div>
<i><span style="font-family: inherit;"><br /></span></i></div>
<div>
<i><span style="font-family: inherit;">11. By 6 April 2012 the specific duties require schools to have published information showing compliance with the public sector equality duty, plus at least one equality objective. They will then need to update the published information at least annually and to publish objectives at least once every four years.Examples of possible objectives might be relating to closing the gap in attainment in English for different ‘groups’ of pupils that the school has identified as underachieving, or improving the attendance rates of pupils from a background where these may be low. These should be specific and measurable."</span></i></div>
<div>
<span style="font-family: inherit;"><br /></span></div>
<div>
<span style="font-family: inherit;">Are inspectors aware of, and trained in, the inspection of these duties? Ofsted suggest they must be as the briefing continues:</span></div>
<div>
<span style="font-family: inherit;"><br /></span></div>
<div>
<i><span style="font-family: inherit;">"15. Inspectors discuss with each school how it is meeting statutory requirements and evaluate and report on the impact of the school’s actions. This might include a school’s accessibility plan as part of the evidence because the Equality Act specifically provides that a section 5 inspection may extend to the performance by the school of its functions in relation to the preparation, publication, review, revision and implementation of its accessibility plan. "</span></i></div>
<div>
<span style="font-family: inherit;"><br /></span></div>
<div>
<span style="font-family: inherit;">Ofsted further say that:</span></div>
<div>
<div>
<i><span style="font-family: inherit;"><br /></span></i></div>
<div>
<i><span style="font-family: inherit;">"26. An evaluation of how effectively the school actively advances equality of opportunity, tackles discrimination and fosters good relations will contribute to the key judgements".</span></i></div>
</div>
<div>
<span style="font-family: inherit;"><br /></span></div>
<div>
<span style="font-family: inherit;">Can you find evidence of this approach in recent Ofsted reports?</span></div>
<div>
<span style="font-family: inherit;"><br /></span></div>
<div>
<span style="font-family: inherit;"><br /></span></div>
<div>
<b><span style="font-family: inherit;">SEN and Disability: a culture of low expectations and a low priority</span></b></div>
<div>
<span style="font-family: inherit;"><br /></span></div>
<div>
<span style="font-family: inherit;">We are concerned that schools might be labelled 'outstanding', and thus escape future oversight and inspection, when they are not complying with the basic statutory duties which provide disabled pupils with equality rights. This should not happen.</span></div>
<div>
<span style="font-family: inherit;"><br /></span></div>
<div>
<span style="font-family: inherit;">We hear lots about 'coasting' schools (whatever 'coasting' means) or 'failing' schools that need to be saved by academisation but little about how schools are actually supporting inclusion and equality. </span></div>
<div>
<span style="font-family: inherit;"><br /></span></div>
<div>
<span style="font-family: inherit;">Yet, nearly 20% of our school population is identified as having SEN and/or a disability. Further, there is ample evidence that some of these children and young people face multiple disadvantages. They are some of the most vulnerable in our school system: vulnerable to low expectations and poor outcomes. Statistically, pupils with SEN are disproportionately from disadvantaged backgrounds, and, despite the legal framework to protect their rights, they are much more likely to be absent or excluded from
school, and they achieve less well than their peers, both in terms of their
attainment at any given age and in terms of their progress over time</span></div>
<div>
<span style="font-family: inherit;"><br /></span></div>
<div>
Of course, the term 'SEN' is a broad umbrella. The important point to note is that many categories of SEN may also be legally defined as disabilities under the Equality Act 2010 (EA). Indeed, Government Departments have frequently said that 'SEN' can be used a proxy measure for disability. Disability is a protected characteristic under the Equality Act. Thus, the Equality Act really matters.<br />
<br />
In terms of Ofsted inspections, the Equality Act matters because it should, as Ofsted's briefing suggests, impact on the approach to inspections. But it also matters because it should enable us to hold Ofsted to account for its own work. Indeed, Ofsted's briefing confirms:<br />
<br />
<i>"1. Ofsted is bound by the public sector equality duty, its strategic plan and values to advance equality through its inspection of schools. Equality is integral to the inspection framework and the promotion of equality of opportunity for all pupils underpins the school inspection framework. School inspection acts in the interests of children, young people and their parents. It encourages high-quality provision that meets diverse needs and promotes not just equality of opportunity but improving outcomes for all pupils regardless of background."</i><br />
<br />
Is there some disconnect between these public pronouncements and the reality of the inspection regime on the ground? We wonder whether Ofsted inspectors are looking for, or are even aware of, the basic statutory duties which underpin a child's right to inclusion. How are they applying their own inspection guidance? If Ofsted inspectors don't consider these issues, why should schools, so focussed on doing what Ofsted wants, bother to make the effort?</div>
<div>
<span style="font-family: inherit;"><br /></span>
<span style="font-family: inherit;">This all stands in stark contrast to Ofsted's action and publicly stated concern for the needs of the 'gifted and talented'. For example, a recent report and public statements by Director of Schools, Sean Harford, assert:</span></div>
<div>
<span style="font-family: inherit;"><br /></span></div>
<div>
<span style="font-family: inherit;"><i>"While inspectors found pockets of excellence, too many of these children are not being challenged sufficiently – and thousands of highly performing primary pupils are not realising their early promise when they move to secondary school.”</i></span></div>
<div>
<span style="font-family: inherit;"><br /></span></div>
<div>
<span style="font-family: inherit;">The promise was that Ofsted would <i>"keep focusing sharply"</i> on the progress of able pupils.</span></div>
<div>
<span style="font-family: inherit;"><br /></span></div>
<div>
<span style="font-family: inherit;">Is it not time that such concern is expressed and such promises made about ensuring compliance with the basic statutory rights of pupils with SEND?</span></div>
<div>
<span style="font-family: inherit;"><br /></span></div>
<div>
<b><span style="font-family: inherit;">Action</span></b></div>
<div>
<span style="font-family: inherit;"><br /></span></div>
<div>
We feel these issues need to be raised publicly and that a dialogue should be started with Ofsted about its role and its legal obligations.<br />
<br />
We have started by asking Ofsted to set out how it is complying with the PSED. We have today written as follows:<br />
<br />
<i>"We would like to write to you in relation to Ofsted's national approach to inspecting the compliance of schools with basic statutory obligations. </i><br />
<i><br /></i>
<i>Before we ask specific questions about this, we would very much like Ofsted to clarify how it complies with the Public Sector Equality Duty (PSED), under s. 149 of the Equality Act. Ofsted's inspection briefing on the Equality Act confirms that Ofsted considers itself bound by the PSED and this is supported by ministerial statements in Parliament. However, it is not clear what action is taken to evidence compliance with this duty. For example, does Ofsted consider itself bound by the Equality Act 2010 (Specific Duties) Regulations 2011? Does it publish equality objectives and annual equality information?</i><br />
<i><br /></i>
<i>If Ofsted does consider itself bound by these duties, could we please have a link to this information?</i><br />
<i><br /></i>
<i>If Ofsted does not, could we please have an explanation of why it considers itself bound by s 149 but not by the duty to publish information to demonstrate its compliance with the s 149 duty?"</i><br />
<br />
While we await answers, if you want to help, perhaps you could have a look at 'outstanding' schools in your area and see what their Ofsted reports say. Is equality or inclusion mentioned?<br />
<br />
<b>Update</b><br />
<br />
Mr Harford kindly responded to our query with this <a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4OWZ0X0pLaDEzV1U/view?usp=sharing"><span style="color: #990000;">letter</span></a>. It confirms that:<br />
<br />
<i>"Ofsted is bound by the Act and as such we do publish a report on our workforce picture in terms of equality and general objectives, as found on our website".</i><br />
<i><br /></i>
The letter is accompanied by a <a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4ZEZjb2k0ZmQtdEk/view?usp=sharing"><span style="color: #990000;">report </span></a>on Equality in Ofsted. This report is limited only to Ofsted's workforce and does not address or set objectives for any Ofsted function beyond that of employer.<br />
<br />
On this point, Mr Harford states:<br />
<br />
<i>"In terms of carrying out this duty beyond Ofsted’s role as an employer, this is carried out throughout our inspection work and underpins all our policy work. Our Common Inspection Framework which was published yesterday explains that inspectors will assess the extent to which the school or provider prevents any form of prejudice and does not directly or indirectly discriminate by avoiding or omitting reference to inclusion of any protected groups in all aspects of their work. Schools and providers must comply with the duties as they are applied to them in the Act."</i><br />
<i><br /></i>
The word inclusion is not mentioned at all in <a href="https://www.gov.uk/government/publications/common-inspection-framework-education-skills-and-early-years-from-september-2015"><span style="color: #990000;">Common Inspection Framework</span></a> (CIF) but the CIF does say this about the Equality Act:<br />
<i><br /></i>
<i>"15. Inspectors will assess the extent to which the school or provider complies with </i><i>relevant legal duties as set out in the Equality Act 2010 and the Human Rights </i><i>Act 1998, promotes equality of opportunity and takes positive steps to prevent </i><i>any form of discrimination either direct or indirect against those with protected </i><i>characteristics in all aspects of their work."</i><br />
<i><br /></i>
The explicit recognition that Ofsted inspectors will assess compliance with the Equality Act (and presumbably its associated publication regulations) and the Human Rights Act is welcome. But it is not clear how inspectors will be trained to undertake this assessment. Additionally, what form will this assessment take and how we will know that inpsectors are, in practice, undertaking assessments? For example, will there be explicit reference in inspection reports to compliance with the Equality Act? <br />
<br />
Perhaps most importantly, it is not clear what happens if a school is not complying with the Equality Act. Should this prevent it from being labelled 'outstanding'? Details of the school referred to at the beginning of this piece were sent to Mr Harford some months ago to no avail. How real is this commitment to inspecting equality?<br />
<br />
In June, we wrote back to Ofsted as follows:<br />
<br />
"<i>Thank you for your very prompt response.</i><br />
<i><br /></i>
<i>I am sorry to trouble you further but part of our question related specifically to the Equality Act 2010 (Specific Duties) Regulations 2011. This imposes two specific statutory duties on public bodies bound by the PSED, namely:</i><br />
<i><br /></i>
<i>1. to publish information annually to demonstrate how they are complying with the PSED. The PSED covers all the functions of an organisation and not just equal opportunities in the employment of staff. Does Ofsted publish anything demonstrating how it complies with the PSED more generally, and specifically in its core function, i.e. inspection? If not, please confirm whether Ofsted believes this single document on employment discharges its statutory obligations under the Regulations. </i><br />
<i><br /></i>
<i>2. to prepare and publish equality objectives at least every four years. What are Ofsted's published equality objectives?"</i><br />
<br />
We have yet to receive a response to this. Today, we have also emailed asking:<br />
<br />
<div class="MsoNormal">
<i><span style="line-height: 17.1200008392334px;">"</span><span style="font-family: inherit;">Further
to our previous email in this matter, we would also like to request some further
specific information on the duty to inspect compliance with the Equality Act as
mandated by para. 15 of the Common Inspection Framework. Our questions are as
follows:</span></i></div>
<div class="MsoNormal">
</div>
<ol>
<li><i><span style="font-family: inherit;"><i><span style="font-family: inherit;">How will inspectors be trained to undertake this assessment?</span></i></span></i></li>
<li><i><span style="font-family: inherit;">What
form will this assessment take?</span></i></li>
<li><i><span style="font-family: inherit;">Will
the assessment include the legal duties imposed on schools by the <span style="color: #990000;">E</span><a href="http://www.legislation.gov.uk/ukdsi/2011/9780111512951"><span style="color: #990000;">quality Act 2010 (Specific Duties) Regulations 2011</span></a><span style="color: #cc0000;">?</span></span></i></li>
<li><i><span style="font-family: inherit;">Has Ofsted taken legal advice on this issue?</span></i></li>
<li><i><span style="font-family: inherit;">Will
the assessment be referred to in inspection reports?</span></i></li>
<li><i><span style="font-family: inherit;">Will
Ofsted inspectors engage specifically with those with protected characteristics
under the Equality Act (e.g. parents and pupils) when undertaking an assessment
of compliance? If not, why not.</span></i></li>
<li><i><span style="font-family: inherit;">What
happens if a school is not complying with the Equality Act? "</span></i></li>
</ol>
<div>
We think Ofsted has real power to promote inclusion and to push equality higher up the agenda in our schools. There is a legal imperative for Ofsted to consider equality in the undertaking of all of its functions. There is now a need for transparency about how it intends to do this, how it will hold itself to account and whether it is compiling data and setting realistic objectives for itself in this regard, whetehr it is engaging with people with protected characteristics when setting objectives etc. It's what the Act expects, it's what Ofsted should be looking for when inspecting schools and what are children and young people are entitled to.</div>
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Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7539001391742187750.post-41533586973838072512015-04-10T03:26:00.003-07:002015-04-10T09:06:13.401-07:00Cuts 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 <span style="color: #cc0000;"><a href="http://m.derbytelegraph.co.uk/Changes-school-travel-disabled-Derby-pupils/story-26304958-detail/story.html"><span style="color: #cc0000;">article</span></a> </span>tweeted by @JarlathOBrien this morning.<br />
<br />
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.<br />
<br />
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.<br />
<br />
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.<br />
<br />
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.<br />
<br />
<b>Transport</b><br />
<br />
Many parents are finding themselves having to battle for transport to school funding as some LAs seek to reduce their budgets.<br />
<br />
Barrister, Steve Broach, has produced this summary of the law on <a href="https://rightsinreality.wordpress.com/2014/09/19/school-transport-no-right-to-education-if-you-cant-get-there/"><span style="color: #cc0000;">transport</span></a>.<br />
<br />
You can also find information on IPSEA's website <a href="http://www.ipsea.org.uk/what-you-need-to-know/home-to-school-college-transport"><span style="color: #cc0000;">here</span></a>.<br />
<br />
Contact-a-Family have produced this <a href="http://www.cafamily.org.uk/advice-and-support/sen-national-advice-service/transport-to-and-from-school/"><span style="color: #cc0000;">summary</span></a>.<br />
<br />
@bjpren has posted some useful information <a href="https://bjpren.wordpress.com/2015/04/10/the-thorny-issue-of-home-to-school-transport-the-dfes-words-on-the-subject/"><span style="color: #cc0000;">here </span></a>based on her discussions with the DfE<br />
<br />
Statutory guidance can be found <a href="https://www.gov.uk/government/publications/home-to-school-travel-and-transport-guidance"><span style="color: #cc0000;">here</span></a>. Statutory guidance should eb followed unless there is a good reason not to follow it.<br />
<br />
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 <a href="http://www.edcm.org.uk/media/159965/Challenging-cuts-to-short-break-services-final.pdf"><span style="color: #cc0000;">brochure</span></a> but there are other firms. You need to look for a solicitor who is a specialist in SEN and public law.<br />
<br />
<b>'Short break' funding</b><br />
<br />
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.<br />
<br />
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.<br />
<br />
EDCM has produced a <a href="http://www.edcm.org.uk/media/159965/Challenging-cuts-to-short-break-services-final.pdf"><span style="color: #cc0000;">guide </span></a> to the law on 'short breaks'. Again, this is an area which requires specialist legal advice.<br />
<b><br /></b>
<br />
<div style="text-align: center;">
<h3>
<b>Tell us what is happening around the country</b></h3>
</div>
<div style="text-align: center;">
<br /></div>
<br />
We would like to build up a picture of consultations, challenges and unlawful practices around the country.<br />
<br />
Let us know if you have information about what is happening in your area and we will add it here.<br />
<br />
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.<br />
<br />
<a href="http://www.wiltshireparentcarercouncil.co.uk/en/Short_breaks"><b><span style="color: #cc0000;">Wiltshire Short Breaks</span></b></a><br />
<br />
Wiltshire Council introduced an arbitrary cut-off date for 'short break' funding applications for 2015-2016 of 28 February 2015.<br />
<br />
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.<br />
<br />
Worst of all, it seems that not all existing recipients were informed of this cut-off date. In previous years, <span style="color: #cc0000;"><a href="http://www.compassdisability.org.uk/"><span style="color: #cc0000;">Compass Disability</span></a> </span>(who run the service for Wiltshire Council) wrote to all exisitng applicants with forms for renewal.<br />
<br />
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".<br />
<br />
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.<br />
<br />
If we are incorrect, perhaps Wiltshire Council, Wiltshire Parent Carer Council or Compass Disability would like to clarify what has been happening.<br />
<br />
<br />Unknownnoreply@blogger.com6tag:blogger.com,1999:blog-7539001391742187750.post-57248085155496654382015-03-16T11:24:00.000-07:002015-11-04T05:59:49.659-08:00Inclusion blog posts<div style="text-align: center;">
<h2>
<span style="color: #444444; font-family: inherit; line-height: 21.2999992370605px;"><span style="font-size: small;">Blog posts</span></span></h2>
<br />
<div style="text-align: left;">
<span style="background-color: white; color: #444444; font-size: 15px; line-height: 21.2999992370605px;">In preparation for the unconference we held on 3rd February this year, we put together a list of blog posts on inclusion.</span><br />
<span style="background-color: white; color: #444444; font-size: 15px; line-height: 21.2999992370605px;"><br /></span>
<span style="background-color: white; color: #444444; font-size: 15px; line-height: 21.2999992370605px;">We are now re-posting them on this separate page so that more people may get the chance to read them</span><br />
<span style="background-color: white; color: #444444; font-size: 15px; line-height: 21.2999992370605px;"><br /></span>
<span style="background-color: white; color: #444444; font-size: 15px; line-height: 21.2999992370605px;">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</span><span style="background-color: white; color: #444444; font-size: 15px; line-height: 21.2999992370605px;"> </span><span style="background-color: white; color: #444444; font-size: 15px; line-height: 21.2999992370605px;">at educationalrightsalliance@live.com or send us the link via twitter @ERA_tweet.</span><br />
<span style="background-color: white; color: #444444; font-size: 15px; line-height: 21.2999992370605px;"><br /></span>
<span style="background-color: white; font-size: 15px; line-height: 21.2999992370605px;"><span style="color: #444444;">And don't forget, if you haven't seen the </span><a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4TFA4emZJdWo5NDQ/view?usp=sharing"><span style="color: #cc0000;">inclusion manifesto</span></a> ye<span style="color: #444444;">t, please do read it. You can sign by tweeting us your name and role or emailing us at educationalrightsalliance@live.com.</span></span></div>
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<span style="color: #444444;"><span style="background-color: white; font-size: 15px; line-height: 21.2999992370605px;"><br /></span></span></div>
</div>
<div style="text-align: center;">
<br />
<span style="font-family: inherit; line-height: 21.2999992370605px;"><span style="color: #444444;">@jarlathobrien </span><span style="color: #e06666;"> <a href="http://jarlathobrien.wordpress.com/2014/12/30/entitlement-yes-inclusion-no/"><span style="color: #e06666;">Entitlement? Yes. Inclusion? No.</span> </a></span></span><br />
<span style="font-family: inherit; line-height: 21.2999992370605px;"><br /></span><span style="line-height: 21.2999992370605px;"><span style="color: #444444; font-family: inherit; line-height: 21.2999992370605px;">@bjpren </span><a href="https://bjpren.wordpress.com/2014/12/31/parenting-schooling/" style="font-family: inherit; line-height: 21.2999992370605px;"><span style="color: #e06666;">Parenting and schooling </span></a></span><br />
<span style="font-family: inherit;"><span style="line-height: 21.2999992370605px;"><br /></span><span style="line-height: 21.2999992370605px;"><span style="color: #444444;">@JulesDaulby </span><a href="http://mainstreamsen.wordpress.com/2015/01/01/how-normal-do-you-have-to-be-for-mainstream/"><span style="color: #e06666;">How normal do you have to be for mainstream? </span></a></span></span><br />
<span style="font-family: inherit;"><span style="line-height: 21.2999992370605px;"><br /></span></span></div>
<div style="text-align: center;">
<span style="font-family: inherit;"><span style="background-color: white; line-height: 21.2999992370605px;"><span style="line-height: 21.2999992370605px;"><span style="color: #444444;">@jordyjax</span><span style="color: #e06666;"> <span style="color: #e06666;"><a href="http://jordyjax.wordpress.com/2015/01/01/inclusion-or-exclusion-the-great-send-debate/"><span style="color: #e06666;">Inclusion or exclusion? The great SEND debate</span>!</a> </span></span></span></span></span><br />
<span style="font-family: inherit;"><span style="background-color: white; line-height: 21.2999992370605px;"><span style="line-height: 21.2999992370605px;"><span style="color: #e06666;"><br /></span></span></span></span></div>
<div style="text-align: center;">
<span style="font-family: inherit;"><span style="background-color: white; line-height: 21.2999992370605px;"><span style="line-height: 21.2999992370605px;"><span style="color: #444444;">@SimonKnight100 </span><a href="http://sentineluk.wordpress.com/2014/12/21/the-things-we-do-to-be-more-inclusive/"><span style="color: #e06666;">The things we do to be more inclusive</span></a></span></span></span></div>
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<span style="background-color: white; line-height: 21.2999992370605px;"><span style="line-height: 21.2999992370605px;"><span style="font-family: inherit;"><span style="color: #444444;"><br /></span></span></span></span><span style="background-color: white; line-height: 21.2999992370605px;"><span style="line-height: 21.2999992370605px;"><span style="color: #444444; line-height: 21.2999992370605px;">@SimonKnight100 </span></span></span><span style="line-height: 21.2999992370605px;"><a href="http://sentineluk.wordpress.com/2015/01/03/perceptions-of-difference-in-the-inclusive-classroom/"><span style="color: #e06666;">Perceptions of difference in the inclusive classroom</span></a></span><br />
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<span style="background-color: white;"><span style="line-height: 21.2999992370605px;"><span style="font-family: inherit;"><span style="color: #444444;">@judeenright </span><span style="color: #e06666;"><a href="http://inspiringtchers.wordpress.com/2015/01/01/to-include-or-not-to-include/"><span style="color: #e06666;">To include or not to include?</span></a> </span></span></span></span></div>
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<span style="background-color: white;"><span style="line-height: 21.2999992370605px;"><span style="font-family: inherit;"><span style="color: #e06666;"><br /></span></span></span></span><span style="font-family: inherit; line-height: 21.2999992370605px;">@JayeRHill </span><a href="http://mimanifesto.wordpress.com/2015/01/01/special-needs-are-a-special-case/" style="font-family: inherit; line-height: 21.2999992370605px;"><span style="color: #e06666;">Special needs are a special case</span></a></div>
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<span style="background-color: white;"><span style="background-color: transparent; font-family: inherit;">@90_maz </span><span style="background-color: transparent; color: #e06666; font-family: inherit;"><a href="http://speciallyteaching.wordpress.com/2014/09/20/inclusion/" style="background-color: transparent; font-family: inherit;"><span style="color: #e06666;">Inclusion?</span></a></span></span><br />
<span style="background-color: white;"><br /></span><span style="background-color: white;"><span style="color: #444444; line-height: 21.2999992370605px;">@cherrylkd </span><span style="color: #e06666; line-height: 21.2999992370605px;"><a href="https://cherrylkd.wordpress.com/2015/01/08/inclusion-a-few-thoughts/"><span style="color: #e06666;">Inclusion. </span></a><a href="https://cherrylkd.wordpress.com/2015/01/08/inclusion-a-few-thoughts/"><span style="color: #e06666;">A few thoughts</span>.</a></span></span><br />
<span style="background-color: white;"><span style="color: #444444; line-height: 21.2999992370605px;"><br /></span></span><span style="background-color: white;"><span style="color: #444444; line-height: 21.2999992370605px;"> @jarlathobrien</span><span style="line-height: 21.2999992370605px;"><span style="color: #e06666;"> </span><a href="http://jarlathobrien.wordpress.com/2015/01/02/guest-inclusion-blog-1/"><span style="color: #e06666;">Guest Inclusion Blog #1</span></a></span></span><br />
<span style="background-color: white;"><span style="color: #e06666;"><span style="line-height: 21.2999992370605px;"><br /></span></span></span><span style="background-color: white;">@nancygedge <a href="http://notsoordinarydiary.wordpress.com/2015/01/02/whos-afraid-of-the-special-school/"><span style="color: #e06666;">Who’s Afraid of the Special School?</span></a></span><br />
<span style="background-color: white;"><br /></span><span style="background-color: white;">@nancygedge <a href="http://notsoordinarydiary.wordpress.com/2015/01/03/battle-weary/"><span style="color: #e06666;">Battle weary</span></a></span><br />
<span style="background-color: white;"><br /></span><span style="background-color: white;"></span><span style="background-color: white;">@nancygedge <a href="https://notsoordinarydiary.wordpress.com/2015/01/04/the-crystal-hedgehog/"><span style="color: #e06666;">The Crystal Hedgehog</span></a></span><br />
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<span style="font-family: inherit;"><span style="background-color: white; line-height: 18px;">@gdmorewood<span style="color: #8899a6;"> </span><span style="color: #e06666;"><u>W</u></span></span><span style="background-color: white; color: #e06666; line-height: 18px; white-space: pre-wrap;"><a href="http://sencologyblog.wordpress.com/2015/01/12/what-does-inclusion-mean-in-2015-part-1/"><span style="color: #e06666;">hat does inclusion mean in 2015? (Part 1 of a 4-piece post!)</span></a></span></span><br />
<span style="font-family: inherit;"><span style="background-color: white; line-height: 18px; white-space: pre-wrap;"><br /></span></span><span style="background-color: white; line-height: 18px;"> @gdmorewood </span><span style="color: #e06666; line-height: 18px;"><a href="https://sencologyblog.wordpress.com/2015/01/19/what-does-inclusion-mean-in-2015-part-2/"><span style="color: #e06666;">What does inclusion mean in 2015? (Part 2)</span></a></span><br />
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<span style="background-color: white; line-height: 18px;"> @gdmorewood </span><span style="color: #e06666; line-height: 18px;"><a href="https://sencologyblog.wordpress.com/2015/02/02/what-does-inclusion-mean-in-2015-part-3/"><span style="color: #e06666;">What does inclusion mean in 2015? (Part 3)</span></a></span><br />
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<span style="background-color: white;"><span style="line-height: 18px;"> @gdmorewood</span><span style="line-height: 18px;"> </span><span style="color: #e06666; line-height: 18px;"><a href="https://sencologyblog.wordpress.com/2015/02/11/what-does-inclusion-mean-in-2015-part-4/"><span style="color: #e06666;">What does inclusion mean in 2015? (Part 4)</span></a></span></span><br />
<span style="background-color: white;"><br /></span><span style="background-color: white;">@ChildrensComm <a href="http://www.childrenscommissioner.gov.uk/content/publications/content_910"><span style="color: #e06666;">My life at School</span></a></span><br />
<span style="background-color: white;"><br /></span><span style="background-color: white;">@headguruteacher <span style="color: #e06666;"><a href="http://headguruteacher.com/2015/01/04/inclusion-and-exclusion-in-a-community-school/"><span style="color: #e06666;">Inclusion and Exclusion in a Community School</span></a>.</span></span><br />
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<span style="background-color: white; font-size: 15px; line-height: 21.2999992370605px;">@NDempseyDTA <a href="http://inco14.wordpress.com/2015/01/06/inclusion-the-enterprise-of-putting-all-of-the-children-into-the-same-building/"><span style="color: #e06666;">Inclusion: the enterprise of putting all of the children into the same building?</span></a></span></div>
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Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7539001391742187750.post-6216338366631614282015-02-11T02:50:00.002-08:002015-02-11T02:50:55.700-08:00Independent Supporters update<b>Background</b><br />
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We have written extensively about Independent Supporters. For example, read <a href="http://educationalrightsalliance.blogspot.co.uk/2014/01/who-are-independent-supporters_25.html"><span style="color: #e06666;">here </span></a>and <a href="http://educationalrightsalliance.blogspot.co.uk/2014/02/independent-supporters-department-for.html"><span style="color: #e06666;">here</span> </a>and <a href="http://educationalrightsalliance.blogspot.co.uk/2014/09/independent-supporters-can-anyone.html"><span style="color: #e06666;">here</span> </a> and <a href="http://educationalrightsalliance.blogspot.co.uk/2014/10/meanwhile-back-in-real-land-of-send.html"><span style="color: #e06666;">here</span></a>.<br />
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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.<br />
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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.<br />
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This information comes from those managing the project. For example, Christine Lenehan from the Council for Disabled Children has confirmed that:<br />
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<blockquote class="tr_bq">
<span style="font-family: inherit;"><b><i style="background-color: white; color: #333333; font-size: 14.8500003814697px; line-height: 20.7900009155273px;">"I</i><i style="background-color: white; color: #333333; font-size: 14.8500003814697px; line-height: 20.7900009155273px;">ndependent 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."</i></b></span></blockquote>
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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.<br />
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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.<br />
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<b>Update</b><br />
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Our interest in this project was sparked again by several tweets supplying information about Independent Supporters over the last few days.<br />
<br />
The Council for Disabled Children has recently put out this <a href="http://www.councilfordisabledchildren.org.uk/media/787249/informationsheetparentsmbullfinaldocv2web.pdf"><span style="color: #e06666;">information</span></a>. This was tweeted as " 80% of parents/young people using Independent Support would recommend it."<br />
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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".<br />
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'The first 100 respondents'!<br />
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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.<br />
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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.<br />
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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.<br />
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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.<br />
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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 <a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4cG5ZTGVUN1RQY00/edit"><span style="color: #e06666;">letter </span></a>to all 46 publicly funded organisations supplying Independent Supporters to parents.<br />
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To date, we have had <b><u>TWO</u></b> proper responses supplying the information we requested. These responses are set out below:<br />
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<b>1. Parent Voice (Hampshire)</b><br />
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<a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4Ujh1ME5zbXotSlk/view?usp=sharing"><span style="color: #e06666;">Response to ERA letter</span></a><br />
<b><span style="color: #e06666;"><br /></span></b>
<a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4UUhMNHVRTElaM2s/view?usp=sharing"><span style="color: #e06666;">Independent Supporters Referral Process</span></a><br />
<span style="color: #e06666;"><br /></span>
<a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4T2luSDRuU3pGUDA/view?usp=sharing"><span style="color: #e06666;">Hampshire Memorandum of Understanding</span></a><br />
<span style="color: #e06666;"><br /></span>
<a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4U1FkLUJoYnFjVmc/view?usp=sharing"><span style="color: #e06666;">Hampshire Referral Process</span></a><br />
<span style="color: #e06666;"><br /></span>
<a href="https://docs.google.com/file/d/0B9GzK_Pgp6B4ejRCMWRiaEgzLWc/edit"><span style="color: #e06666;">Independent Support Job Description</span></a><br />
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<b>2. Amaze (Brighton)</b><br />
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<a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4YXJOak11dnJQb0k/view?usp=sharing"><span style="color: #e06666;">Memorandum for Understanding - West Sussex</span></a><br />
<span style="color: #e06666;"><br /></span>
<a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4cmFvSVRqaklEcUU/view?usp=sharing"><span style="color: #e06666;">Memorandum of Understanding - Brighton</span></a><br />
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<a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4a0JNX2dHcWE1Y2s/view?usp=sharing"><span style="color: #e06666;">Info on Amaze</span></a><br />
<span style="color: #e06666;"><br /></span>
<a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4TDNpLXUyU1BNalU/view?usp=sharing"><span style="color: #e06666;">Service Outline for Brighton</span></a><br />
<span style="color: #e06666;"><br /></span>
<a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4ZkUzRzVHWjZ0d00/view?usp=sharing"><span style="color: #e06666;">Service Outline for West Sussex</span></a><br />
<span style="color: #e06666;"><br /></span>
<a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4Y1JJUkFYYkphZm8/view?usp=sharing"><span style="color: #e06666;">What works for us report</span></a><br />
<span style="color: #e06666;"><br /></span>
<a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4NE5VLWJQYjNhams/view?usp=sharing"><span style="color: #e06666;">Independent Supporters Job Description</span></a><br />
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We thank those organisations for supplying this information and call on others to do the same.<br />
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There really is no excuse for not supplying it as public money is paying for these services.<br />
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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.<br />
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<br />Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7539001391742187750.post-73642993470507361672015-02-09T23:51:00.000-08:002015-11-04T06:00:19.253-08:00Joint manifesto on inclusion is now open for signature <div style="text-align: center;">
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<b>Manifesto </b></div>
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<span style="background-color: rgba(255, 255, 255, 0);"><br /></span></div>
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<span style="background-color: rgba(255, 255, 255, 0);">Following on from the <span style="color: #cc0000;"><a href="http://educationalrightsalliance.blogspot.co.uk/2015/02/unconference-amazing-day.html"><span style="color: #cc0000;">unconference</span></a> </span>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'.</span><br />
<span style="background-color: rgba(255, 255, 255, 0);"><br /></span><span style="background-color: rgba(255, 255, 255, 0);">You can read a report about the unconference by </span>MMU Research Institute for Health and Social Change <a href="http://www.rihsc.mmu.ac.uk/news/item.php?id=3272"><span style="color: #cc0000;">here</span></a><br />
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You can also read Gareth Morewood's piece on the unconference and the manifesto<span style="color: #cc0000;"> <a href="https://sencologyblog.wordpress.com/"><span style="color: #cc0000;">here</span></a>.</span><br />
<span style="background-color: rgba(255, 255, 255, 0);"><br /></span>
<span style="background-color: rgba(255, 255, 255, 0);">You can read the Manifesto<span style="color: #e06666;"> </span><a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4TFA4emZJdWo5NDQ/view?usp=sharing"><span style="color: #e06666;">here</span></a><span style="color: #e06666;">.</span></span><br />
<span style="background-color: rgba(255, 255, 255, 0);"><br /></span>
<span style="background-color: rgba(255, 255, 255, 0);">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</span><br />
<span style="background-color: rgba(255, 255, 255, 0);"><br /></span>
<span style="background-color: rgba(255, 255, 255, 0);">This manifesto does <b><u>not</u></b> 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.</span><br />
<span style="background-color: rgba(255, 255, 255, 0);"><br /></span>
<span style="background-color: rgba(255, 255, 255, 0);">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.</span><br />
<span style="background-color: rgba(255, 255, 255, 0);"><br /></span>
<span style="background-color: rgba(255, 255, 255, 0);">Let us know what you think - we welcome amendments, suggested additions and, of course, declarations of support!</span><br />
<span style="background-color: rgba(255, 255, 255, 0);"><br /></span>
<b style="background-color: rgba(255, 255, 255, 0);">How do I sign?</b><br />
<span style="background-color: rgba(255, 255, 255, 0);"><br /></span>
<span style="background-color: rgba(255, 255, 255, 0);">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.</span><br />
<span style="background-color: rgba(255, 255, 255, 0);"><br /></span>
<span style="background-color: rgba(255, 255, 255, 0);">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.</span><br />
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Unknownnoreply@blogger.com1tag:blogger.com,1999:blog-7539001391742187750.post-90089873955877991822015-02-03T13:42:00.004-08:002015-11-04T06:00:35.057-08:00Unconference - amazing day!Thanks so much to everyone who attended the unconference today.<br />
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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!<br />
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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.<br />
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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.<br />
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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.<br />
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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 <a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4by1vUEFETEtmRHM/view?usp=sharing"><span style="color: #cc0000;">here</span></a><span style="color: #e06666;">. </span>You can send it to educationalrightsalliance@live.com<br />
<span style="color: #e06666;"><br /></span>
We genuinely welcome all your views. This was a first for us too so your feedback is really appreciated.<br />
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<div style="text-align: center;">
<b>Draft manifesto</b></div>
<div style="text-align: center;">
<br /></div>
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'.<br />
<br />
You can read the Manifesto<span style="color: #cc0000;"> </span><a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4TFA4emZJdWo5NDQ/view?usp=sharing"><span style="color: #cc0000;">he</span><span style="color: #a64d79;">re</span></a><span style="color: #a64d79;">.</span><br />
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This document does <b><u>not</u></b> 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.<br />
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The next step will be to identify actions which can be taken in support of these aims.<br />
<br />
Let us know what you think - we welcome amendments, suggested additions and, of course, declarations of support!<br />
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<b>How do I sign?</b><br />
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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.<br />
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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.<br />
<br />Unknownnoreply@blogger.com1tag:blogger.com,1999:blog-7539001391742187750.post-39868168982749085672015-01-29T12:43:00.001-08:002015-02-01T03:01:58.154-08:00Unconference agenda!<br />
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<i>"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"</i><br />
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There are not many days to go now before we can all meet, share ideas and plan for action at the 'sold out' <a href="http://www.eventbrite.co.uk/e/unconference-on-inclusion-in-education-tickets-14844220463"><span style="color: #e06666;">unconference </span></a>on inclusion in education!<br />
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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).<br />
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The schedule is <a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4aUZJNjBxRmlRcFU/view?usp=sharing"><span style="color: #e06666;">here</span></a>.<br />
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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<span style="color: #e06666;"> <a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4NFpOYU9WTW1ORDA/view?usp=sharing"><span style="color: #e06666;">here</span></a></span><br />
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<b>How will it work?</b><br />
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We have a big hall and a meeting room. You can see the venue <a href="http://www.hyde-housing.co.uk/client_files/ARC%20BROCHURE%2011_9_12%20v4.pdf"><span style="color: #e06666;">here</span></a>. Thanks again to <a href="http://www.irwinmitchell.com/?ref=BrandPPC&gclid=CJWnlPG8tsICFYkKwwod524APw"><span style="color: #e06666;">Irwin Mitchell </span></a>for all their help and their kind, no strings attached sponsorship!<br />
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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.<br />
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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.<br />
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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.<br />
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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!<br />
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There are scheduled speakers at regular intervals giving short talks in the main hall in between sessions. They are:<br />
<br />
<br />
<br />
<li style="text-align: left;">Nye Doherty, 11 year old pupil with Asperger's Syndrome </li>
<li style="text-align: left;">Diane Kay, ERA member and parent with a disabled child</li>
<li style="text-align: left;">Dr Katherine Runswick-Cole, parent and academic together with fellow academic (and partner in crime) Professor Nick Hodge</li>
<li style="text-align: left;">Barney Angliss, secondary school SENCO who has Asperger's Syndrome</li>
<li style="text-align: left;">Damian Milton, academic and autism campaigner</li>
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<div style="text-align: left;">
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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.<br />
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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!<br />
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<span style="font-family: inherit;"><span style="background-color: white; line-height: 20.7900009155273px;"><b>Refreshments</b></span></span><br />
<span style="font-family: inherit;"><span style="background-color: white; line-height: 20.7900009155273px;"><br /></span></span>
<span style="font-family: inherit;"><span style="background-color: white; line-height: 20.7900009155273px;">There will be tea, coffee and biscuits available. We will be asking for donations. </span><span style="background-color: white; line-height: 20.7900009155273px;">As for lunch, please feel free to bring your own and use the kitchen or go and explore the cafes and shops nearby.</span></span><br />
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<b>Live tweeting</b><br />
<b><br /></b>
Join in online using <a class="twitter-hashtag pretty-link" href="https://twitter.com/search?q=%23ERAwematter" role="presentation" style="background: rgb(255, 255, 255); color: #0084b4; font-family: Arial, sans-serif; font-size: 13px; line-height: 20px; outline: 0px; text-decoration: none;"><span style="color: #66b5d2;">#</span>ERAwematter</a>.<br />
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Bear with us on the day as we do our very best to include everyone!<br />
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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.<br />
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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!Unknownnoreply@blogger.com1tag:blogger.com,1999:blog-7539001391742187750.post-81803656718628088192015-01-21T11:55:00.001-08:002015-02-01T03:01:49.555-08:00Welcome to the unconference!<div style="text-align: center;">
<i><br /></i></div>
<div style="text-align: center;">
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We are really excited that we are getting so close to the date for the unconference on inclusion in education. Read <a href="https://www.eventbrite.co.uk/e/unconference-on-inclusion-in-education-tickets-14844220463?utm_campaign=new_event_email&utm_medium=email&utm_source=eb_email&utm_term=viewmyevent_button"><span style="color: #e06666;">here </span></a>for more details. There are now only 6 tickets left!<br />
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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.<br />
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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.<br />
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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'!<br />
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Below we have posted a bit more information about the day but there will be more to come!<br />
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<b>Event</b><br />
<b><br /></b>
All the details about the event are available <a href="http://educationalrightsalliance.blogspot.co.uk/2014/07/roundtable-on-inclusion-in-education_20.html"><span style="color: #e06666;">here</span></a>. Again, a big thank you to Irwin Mitchell for funding the hire of the room.<br />
<b><br /></b>
<b>Agenda</b><br />
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Although the unconference format (see <a href="http://www.unconference.net/unconferencing-how-to-prepare-to-attend-an-unconference/"><span style="color: #e06666;">here</span></a>) 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.<br />
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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:<br />
<br />
<br />
<ul>
<li>Nye Doherty, 11 year old pupil with Asperger's Syndrome </li>
<li>Diane Kay, ERA member and parent with a disabled child</li>
<li>Dr Katherine Runswick-Cole, parent and academic</li>
<li>Barney Angliss, secondary school SENCO who has Asperger's Syndrome</li>
<li>Damian Milton, academic and autism campaigner</li>
</ul>
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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.<br />
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<b>Live tweeting</b><br />
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We aim to live tweet the event! If you want to help with this let us know.<br />
<br />
<b>Refreshments</b><br />
<br />
There will be tea, coffee available and biscuits available. We will be asking for donations.<br />
<br />
As for lunch, please feel free to bring your own and use the kitchen or go and explore the cafes and shops nearby.<br />
<br />
<b>Contact us</b><br />
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Contact us at any time with any concerns, queries, accessibility requirements or other issues. You can email at educationalrightsalliance@live.com<br />
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<br />Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7539001391742187750.post-23907106546323293812014-12-13T07:19:00.001-08:002015-03-16T10:54:01.075-07:00 The unconference on inclusion in education: tell us what you would like to see covered. In ten words!<span style="font-family: inherit;">We are really excited to see so many people have already signed up for our unconference on inclusion in education. See our previous post <a href="http://educationalrightsalliance.blogspot.co.uk/2014/07/roundtable-on-inclusion-in-education_20.html"><span style="color: #e06666;">here </span></a> for full details and book your ticket on Eventbrite <a href="https://www.eventbrite.co.uk/e/unconference-on-inclusion-in-education-tickets-14844220463?utm_campaign=new_event_email&utm_medium=email&utm_source=eb_email&utm_term=viewmyevent_button"><span style="color: #e06666;">here</span></a>.</span><br />
<span style="font-family: inherit;"><br />
We would like to ask all those who have booked a place to let us know what they would like to see covered.</span><br />
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The challenge is to do this in ten words!</span><br />
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Let us have your ideas and we will post them here.</span><br />
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<div style="text-align: center;">
<h2>
<b><span style="font-family: inherit; font-size: small;">What you want to talk about</span></b></h2>
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<span style="font-family: inherit;"><i style="color: #444444; font-family: inherit; line-height: 21.2999992370605px;">How do you achieve inclusion in a resistant community? </i></span><br />
<span style="background-color: white; color: #444444; font-family: inherit; line-height: 21.2999992370605px;">Charlotte Buckby, parent, social worker and IPSEA Rep.</span></div>
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<i style="color: #333333; font-family: inherit; line-height: 27px;">Inclusion into what? Normative assumptions, 'reasonable adjustments' and appreciating diversity.</i></div>
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<span style="background-color: white; color: #444444; font-size: 15px; line-height: 21.2999992370605px;"><span style="font-family: inherit;">Damian Milton, parent, academic, campaigner</span></span>
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<span style="color: #444444; font-size: 15px; line-height: 21.2999992370605px;"><br /></span></div>
<span style="background-color: white; color: #292f33; line-height: 18px; white-space: pre-wrap;"></span><br />
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<span style="background-color: white; color: #292f33; line-height: 18px; white-space: pre-wrap;"><i><span style="font-family: inherit;">Has the SEND reform given parents and young people any more control over their own education - or just more meetings?</span></i></span></div>
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<span style="background-color: white; color: #292f33; font-family: inherit; line-height: 18px; white-space: pre-wrap;">Barney Angliss, SENCO</span><br />
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<span style="background-color: white; color: #444444; font-size: 15px; line-height: 21.2999992370605px;"><span style="font-family: inherit;"></span></span><br />
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<span style="background-color: white; color: #444444; font-size: 15px; line-height: 21.2999992370605px;"><span style="font-family: inherit;"><span style="color: #333333; font-family: inherit; line-height: 27px;"><i>How can Special and Mainstream collaborate effectively to support inclusion?</i></span></span></span><br />
<span style="background-color: white; color: #333333; font-family: inherit; line-height: 27px;">Simon Knight, S</span><span style="background-color: white; color: #292f33; font-family: inherit; line-height: 18px;">pecial School Deputy Head, Associate Director at the National Education Trust and Director of Teaching School at the Oxfordshire Teaching Schools Alliance.</span><br />
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<span style="background-color: white; color: #292f33; font-family: inherit; line-height: 18px;"><br /></span>
<span style="background-color: white; color: #292f33; line-height: 18px; text-align: start; white-space: pre-wrap;"><i><span style="font-family: inherit;">How do we make special schools redundant?</span></i></span><br />
<span style="background-color: white; color: #292f33; line-height: 18px; text-align: start; white-space: pre-wrap;"><i><span style="font-family: inherit;"><br /></span></i></span>
<span style="background-color: white; color: #292f33; line-height: 18px; text-align: left;"><span style="font-family: inherit;">Jarlath O'Brien, Special school headteacher</span></span><br />
<span style="background-color: white; color: #292f33; line-height: 18px; text-align: left;"><span style="font-family: inherit;"><br /></span></span>
<span style="background-color: white; color: #292f33; line-height: 18px; text-align: left;"><span style="font-family: inherit;"><br /></span></span>
<span style="background-color: white; text-align: left;"><span style="color: #292f33; line-height: 18px;"><i>How can children's rights and the UNCRC be utilised to promote inclusion and social justice in education?</i></span></span></div>
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<span style="background-color: white; color: #444444; font-size: 15px; line-height: 21.2999992370605px;">Sophie Christophy, journalist, 'childrens' rights geek' social historian</span><br />
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<h2>
<span style="color: #444444; font-family: inherit; line-height: 21.2999992370605px;"><span style="font-size: small;">Blog posts</span></span></h2>
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<span style="background-color: white; color: #444444; font-size: 15px; line-height: 21.2999992370605px;">For excellent contributions to the discussion about 'inclusion', you could also look at the following blog posts. We have listed the posts alongside the author's username so you can follow them on twitter.</span></div>
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<span style="font-family: inherit; line-height: 21.2999992370605px;"><span style="color: #444444;">@jarlathobrien </span><span style="color: #e06666;"> <a href="http://jarlathobrien.wordpress.com/2014/12/30/entitlement-yes-inclusion-no/"><span style="color: #e06666;">Entitlement? Yes. Inclusion? No.</span> </a></span></span><br />
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<span style="line-height: 21.2999992370605px;"><span style="color: #444444; font-family: inherit; line-height: 21.2999992370605px;">@bjpren </span><a href="https://bjpren.wordpress.com/2014/12/31/parenting-schooling/" style="font-family: inherit; line-height: 21.2999992370605px;"><span style="color: #e06666;">Parenting and schooling </span></a></span><br />
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<span style="line-height: 21.2999992370605px;"><span style="color: #444444;">@JulesDaulby </span><a href="http://mainstreamsen.wordpress.com/2015/01/01/how-normal-do-you-have-to-be-for-mainstream/"><span style="color: #e06666;">How normal do you have to be for mainstream? </span></a></span></span><br />
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<span style="font-family: inherit;"><span style="background-color: white; line-height: 21.2999992370605px;"><span style="line-height: 21.2999992370605px;"><span style="color: #444444;">@jordyjax</span><span style="color: #e06666;"> <span style="color: #e06666;"><a href="http://jordyjax.wordpress.com/2015/01/01/inclusion-or-exclusion-the-great-send-debate/"><span style="color: #e06666;">Inclusion or exclusion? The great SEND debate</span>!</a> </span></span></span></span></span><br />
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<span style="font-family: inherit;"><span style="background-color: white; line-height: 21.2999992370605px;"><span style="line-height: 21.2999992370605px;"><span style="color: #444444;">@SimonKnight100 </span><a href="http://sentineluk.wordpress.com/2014/12/21/the-things-we-do-to-be-more-inclusive/"><span style="color: #e06666;">The things we do to be more inclusive</span></a></span></span></span></div>
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<span style="background-color: white; line-height: 21.2999992370605px;"><span style="line-height: 21.2999992370605px;"><span style="font-family: inherit;"><span style="color: #444444;"><br /></span></span></span></span>
<span style="background-color: white; line-height: 21.2999992370605px;"><span style="line-height: 21.2999992370605px;"><span style="color: #444444; line-height: 21.2999992370605px;">@SimonKnight100 </span></span></span><span style="line-height: 21.2999992370605px;"><a href="http://sentineluk.wordpress.com/2015/01/03/perceptions-of-difference-in-the-inclusive-classroom/"><span style="color: #e06666;">Perceptions of difference in the inclusive classroom</span></a></span><br />
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<span style="background-color: white;"><span style="line-height: 21.2999992370605px;"><span style="font-family: inherit;"><span style="color: #444444;">@judeenright </span><span style="color: #e06666;"><a href="http://inspiringtchers.wordpress.com/2015/01/01/to-include-or-not-to-include/"><span style="color: #e06666;">To include or not to include?</span></a> </span></span></span></span></div>
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<span style="background-color: white;"><span style="line-height: 21.2999992370605px;"><span style="font-family: inherit;"><span style="color: #e06666;"><br /></span></span></span></span>
<span style="font-family: inherit; line-height: 21.2999992370605px;">@JayeRHill </span><a href="http://mimanifesto.wordpress.com/2015/01/01/special-needs-are-a-special-case/" style="font-family: inherit; line-height: 21.2999992370605px;"><span style="color: #e06666;">Special needs are a special case</span></a></div>
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<span style="background-color: transparent; font-family: inherit;">@90_maz </span><span style="background-color: transparent; color: #e06666; font-family: inherit;"><a href="http://speciallyteaching.wordpress.com/2014/09/20/inclusion/" style="background-color: transparent; font-family: inherit;"><span style="color: #e06666;">Inclusion?</span></a></span></span><br />
<span style="background-color: white;"><br /></span><span style="background-color: white;"><span style="color: #444444; line-height: 21.2999992370605px;">@cherrylkd </span><span style="color: #e06666; line-height: 21.2999992370605px;"><a href="https://cherrylkd.wordpress.com/2015/01/08/inclusion-a-few-thoughts/"><span style="color: #e06666;">Inclusion. </span></a><a href="https://cherrylkd.wordpress.com/2015/01/08/inclusion-a-few-thoughts/"><span style="color: #e06666;">A few thoughts</span>.</a></span></span><br />
<span style="background-color: white;"><span style="color: #444444; line-height: 21.2999992370605px;"><br /></span></span>
<span style="background-color: white;"><span style="color: #444444; line-height: 21.2999992370605px;"> @jarlathobrien</span><span style="line-height: 21.2999992370605px;"><span style="color: #e06666;"> </span><a href="http://jarlathobrien.wordpress.com/2015/01/02/guest-inclusion-blog-1/"><span style="color: #e06666;">Guest Inclusion Blog #1</span></a></span></span><br />
<span style="background-color: white;"><span style="color: #e06666;"><span style="line-height: 21.2999992370605px;"><br /></span></span></span>
<span style="background-color: white;">@nancygedge <a href="http://notsoordinarydiary.wordpress.com/2015/01/02/whos-afraid-of-the-special-school/"><span style="color: #e06666;">Who’s Afraid of the Special School?</span></a></span><br />
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<span style="background-color: white;">@nancygedge <a href="http://notsoordinarydiary.wordpress.com/2015/01/03/battle-weary/"><span style="color: #e06666;">Battle weary</span></a></span><br />
<span style="background-color: white;"><br /></span><span style="background-color: white;"></span><span style="background-color: white;">@nancygedge <a href="https://notsoordinarydiary.wordpress.com/2015/01/04/the-crystal-hedgehog/"><span style="color: #e06666;">The Crystal Hedgehog</span></a></span><br />
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<span style="font-family: inherit;"><span style="background-color: white; line-height: 18px;">@gdmorewood<span style="color: #8899a6;"> </span><span style="color: #e06666;"><u>W</u></span></span><span style="background-color: white; color: #e06666; line-height: 18px; white-space: pre-wrap;"><a href="http://sencologyblog.wordpress.com/2015/01/12/what-does-inclusion-mean-in-2015-part-1/"><span style="color: #e06666;">hat does inclusion mean in 2015? (Part 1 of a 4-piece post!)</span></a></span></span><br />
<span style="font-family: inherit;"><span style="background-color: white; line-height: 18px; white-space: pre-wrap;"><br /></span></span>
<span style="background-color: white; line-height: 18px;"> @gdmorewood </span><span style="color: #e06666; line-height: 18px;"><a href="https://sencologyblog.wordpress.com/2015/01/19/what-does-inclusion-mean-in-2015-part-2/"><span style="color: #e06666;">What does inclusion mean in 2015? (Part 2)</span></a></span><br />
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<span style="background-color: white; line-height: 18px;"> @gdmorewood </span><span style="color: #e06666; line-height: 18px;"><a href="https://sencologyblog.wordpress.com/2015/02/02/what-does-inclusion-mean-in-2015-part-3/" style="line-height: 18px;"><span style="color: #e06666;">What does inclusion mean in 2015? (Part 3)</span></a></span><br />
<br /></div>
<span style="background-color: white;"><span style="line-height: 18px;"> @gdmorewood</span><span style="line-height: 18px;"> </span><span style="color: #e06666; line-height: 18px;"><a href="https://sencologyblog.wordpress.com/2015/02/11/what-does-inclusion-mean-in-2015-part-4/" style="line-height: 18px;"><span style="color: #e06666;">What does inclusion mean in 2015? (Part 4)</span></a></span></span><br />
<span style="background-color: white;"><br /></span>
<span style="background-color: white;">@ChildrensComm <a href="http://www.childrenscommissioner.gov.uk/content/publications/content_910"><span style="color: #e06666;">My life at School</span></a></span><br />
<span style="background-color: white;"><br /></span>
<span style="background-color: white;">@headguruteacher <span style="color: #e06666;"><a href="http://headguruteacher.com/2015/01/04/inclusion-and-exclusion-in-a-community-school/"><span style="color: #e06666;">Inclusion and Exclusion in a Community School</span></a>.</span></span><br />
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<span style="background-color: white; font-size: 15px; line-height: 21.2999992370605px;">@NDempseyDTA <a href="http://inco14.wordpress.com/2015/01/06/inclusion-the-enterprise-of-putting-all-of-the-children-into-the-same-building/"><span style="color: #e06666;">Inclusion: the enterprise of putting all of the children into the same building?</span></a></span><br />
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<span style="background-color: white; color: #444444; font-size: 15px; line-height: 21.2999992370605px;"><span style="font-family: inherit;"><br /></span></span>Unknownnoreply@blogger.com1tag:blogger.com,1999:blog-7539001391742187750.post-16393286447861287122014-12-08T15:29:00.000-08:002014-12-08T08:37:13.889-08:00Unconference on inclusion in education: come and share your views!We have been actively following the SEN reform process.<br />
<br />
The passing of the Children and Families Act has felt like little more than a fight to stand still. 'SEN issues' have not been mainstreamed: instead, they continue to be sidelined as if they were a topic of interest for 'experts' affecting only a few 'special' children. There has been scant talk of equality and human rights. Instead, the talk is usually about 'support' and 'signposting' which can feel like a rather patronising pat on the head.<br />
<br />
This kind of approach impacts heavily on our children and young people as it affects the perspectives on disability we encounter in society generally.<br />
<br />
We, at the ERA, feel it is time to change the conversation.<br />
<br />
We would like a genuine and frank discussion about SEN, disability and equality in our schools. This is a massive topic so there are many issues which could be discussed. For example, what is 'inclusive education'? Does inclusion differ from equality? How? Does this matter in practice? How do we ensure people are aware of their equality rights and that they are enforced? What is the role of special schools? Do resource bases work? What is the state of evidence about inclusion? What do our children and young people think? Do we know? How should we plan for, implement, and fund inclusive education? There are many, many more questions to ask on this topic but we think we need to start somewhere!<br />
<br />
<b>What do you think?</b><br />
<br />
We are a small, completely unfunded, parent-led organisation. We are not a charity. We are not connected to any charity or organisation. We have no power to decide anything for anyone neither do we have any desire to silence or exclude. We are trying to create a space to give a voice to our young people's experiences. So, we thought it might be a good idea to set up a meeting to try and kick-start a debate about SEN and equality but we certainly don't want this to be a one-off.<br />
<br />
We would really like to involve all those involved in the SEN system who can speak of the realities of practice: kids, parents, people with disabilities (especially those who have recent school experiences), teachers, lawyers, academics and organisations working on the frontline.<br />
<br />
In raising this, we are very conscious that there are many different and complex views about inclusion in education. Our aim is to try to pull people together with potentially very different experiences and views and to try and find common ground. Our priority remains those who experience the system.<br />
<br />
<b>The event</b><br />
<br />
<a href="http://www.irwinmitchell.com/?ref=BrandPPC&gclid=CPLCtN6o3r8CFamWtAodViwAcA"><span style="color: #e06666;">Irwin Mitchell</span></a> have very kindly agreed to provide funding for an event in<b> London</b>. We have set the date of <b>3 February 2015 </b>for the meeting. They are as follows:<br />
<br />
Date: Tuesday 3rd February 2015 at 10.30 to 5pm<br />
<br />
Place: The Arc Centre, 98B St Paul Street, London N1<br />
7DF<br />
<br />
Nearest tube:Angel (Northern line)<br />
<br />
Nearest rail:Essex road<br />
<br />
Buses: 38, 73,56, 76, 141, 271,341, 476 (get off at the Packington Street stop on Essex Road near to Islington Green)<br />
<br />
Parking: Pay and Display on surrounding streets<br />
<br />
You can book <b>FREE </b>tickets event on Eventbrite <a href="https://www.eventbrite.co.uk/e/unconference-on-inclusion-in-education-tickets-14844220463?utm_campaign=new_event_email&utm_medium=email&utm_source=eb_email&utm_term=viewmyevent_button"><span style="color: #e06666;">here</span></a>.<br />
<br />
<b>Online preparation and attendance</b><br />
<br />
We are committed to organising this as openly and inclusively as possible. It is absolutely essential that the voices and experiences of disabled people are heard so please contact us to get involved. We would like to hear from <b><u>YOU </u></b>as there is much left to be discussed. We welcome your suggestions, ideas, advice, involvement, offers of help etc.<br />
<br />
We intend to set up a blog so people can record their own views and raise issues publicly for discussion. In this way they can still contribute if they are unable to attend (or if they would prefer to contribute in this way).<br />
<br />
If there is anything else you think we should be doing to make this project work, please let us know.<br />
<b><br /></b>
<b>Hardship travel fund</b><br />
<br />
Irwin Mitchell has kindly agreed to offer £250 towards travel costs for those who would not otherwise be able to attend.<br />
<br />
If you are unwaged, disabled or have would otherwise find it difficult to attend without financial assistance, please contact us now at educationalrightsalliance@live.com and we will see if we can help. The funding is extremely limited so a contribution rather than full costs may be offered. Assistance will be offered on a first come, first served basis.Unknownnoreply@blogger.com6tag:blogger.com,1999:blog-7539001391742187750.post-21287259578633715922014-11-05T01:26:00.002-08:002014-11-05T01:27:51.269-08:00 Health Committee report into CAMHS confirms "serious and deeply ingrained problems"In March, we asked for your experiences of CAMHS for an inquiry being undertaken by the House of Commons' Select Committee on Health.<br />
<div>
<br /></div>
<div>
Our report can be read <a href="http://data.parliament.uk/writtenevidence/committeeevidence.svc/evidencedocument/health-committee/childrens-and-adolescent-mental-health-and-camhs/written/7599.html">here</a>. And once again, we thank you all so much for participating.</div>
<div>
<br /></div>
<div>
The Select Committee has today published its report. You can read the report in full <a href="http://www.parliament.uk/business/committees/committees-a-z/commons-select/health-committee/news/14-11-04-camhs-report-substantive/">here</a>.</div>
<div>
<br /></div>
<div>
The Select Committee has concluded:</div>
<div>
<br /></div>
<div>
<blockquote class="tr_bq">
<i>"that there are serious and deeply ingrained problems with the commissioning and provision of children’s and adolescents’ mental health services. These run through the whole system from prevention and early intervention through to inpatient services for the most vulnerable young people".</i></blockquote>
Their conclusions are as follows:</div>
<div>
<br /></div>
<div>
<ul>
<li>There are major problems with access to inpatient mental health services, with children and young people’s safety being compromised while they wait for a bed to become available. Often when beds are found they may be in distant parts of the country, making contact with family and friends difficult, and leading to longer stays.</li>
</ul>
<ul>
<li>Early intervention services provide support to children and young people before mental health problems become entrenched and increase in severity. These services reduce the need for higher tier services including admission. However in many areas early intervention services are being cut or are suffering from insecure or short term funding. We welcome the announcement of the DH/NHS England Taskforce and recommend that it should audit commissioning of early intervention services in local authorities, and report the best mechanisms to provide stable, long term funding for early intervention services.</li>
</ul>
<ul>
<li>While demand for mental health services for children and adolescents appears to be rising, many CCGs report having frozen or cut their budgets. CCGs have the power to determine their own local priorities, but we are concerned that insufficient priority is being given to children and young people’s mental health.</li>
</ul>
<ul>
<li>The Committee is particularly concerned about the wholly unacceptable practice of taking children and young people detained under s136 of the Mental Health Act to police cells, which still persists. In responding to this report we expect the Department of Health to be explicit in setting out how this practice will be eradicated.</li>
</ul>
<ul>
<li>Concerns have also been raised about the quality of education children and young people receive when they are being treated in inpatient units. We recommend that OFSTED, DFE and NHS England conduct a full audit of educational provision within inpatient units as a matter of urgency. </li>
</ul>
<ul>
<li>In community CAMHS services, providers have reported increased waiting times for CAMHS services and increased referral thresholds, coupled with, in some cases, challenges in maintaining service quality, as a result of rising demand in the context of reductions in funding. Not all services reported difficulties – some state that they have managed to maintain standards of access and quality –but overall there is unacceptable variation. Young people and their parents have described “battles” to get access to CAMHS services, with only the most severely affected young people getting appointments; they also described the devastating impact that long waits for treatment can have.</li>
</ul>
<ul>
<li>We recommend that NHS England and the Department of Health should monitor and increase spending levels on CAMHS until we can be assured that CAMHS services in all areas are meeting an acceptable standard. Service specifications for Tier 2 and 3 services should set out what acceptable services should be expected to provide, and NHS England and the Department of Health should carry out a full audit to ensure all services are meeting these.</li>
</ul>
<ul>
<li>A crucially important time for promoting good mental health is the perinatal and infant period, but there is unacceptable variation in the provision of perinatal mental health services, and the Committee recommends that these services must be available in every area.</li>
</ul>
<ul>
<li>It is clear that there are currently insufficient levers in place at national level to drive essential improvements to CAMHS services, including insufficient scrutiny from the CQC. There must be a clear national policy directive for CAMHS, underpinned by adequate funding. </li>
</ul>
</div>
<div>
<div>
In addition, the report highlights further areas for action:</div>
<div>
<br /></div>
<div>
<ul>
<li>Problems persist in the commissioning of CAMHS. Despite the move to national commissioning of inpatient services over a year ago, many of the perceived benefits of national planning have not been realised, and we intend to review NHS England’s progress in address this this area early in 2015.</li>
</ul>
<ul>
<li>Out-of-hours crisis services, paediatric liaison teams within acute hospitals, and Tier 3.5 assertive outreach teams can have a positive impact, including reducing both risk and length of inpatient admission; however availability of services which bridge the gap between inpatient and outpatient care is extremely variable, and current commissioning arrangements act as a perverse incentive driving admissions as these are then funded by NHS England rather than CCGs. We call on the Department of Health and NHS England to act urgently to ensure that by the end of this year all areas have clear mechanisms to improve commissioning arrangements. We welcome the extra funding for early intervention in psychosis services and crisis care and recommend it is clearly set out how this will improve services for young people.</li>
</ul>
<ul>
<li>It is ten years since the last survey of children’s and young people’s mental health, and the lack of reliable and up to date information in this area means that those planning and running CAMHS services have been operating in a "fog". Ensuring that commissioners, providers and policy makers have up-to-date information about children's and adolescents’ mental health must be a priority for the Department of Health/ NHS England taskforce.</li>
</ul>
<ul>
<li>We heard from young people that while some teachers and schools provide excellent support, others seem less knowledgeable or well trained, and can even seem ‘scared’ of discussing mental health issues. We recommend the Department for Education looks to including a mandatory module on mental health in initial teacher training, and should include mental health modules as part of ongoing professional development in schools for both teaching and support staff. We also recommend that the Department for Education conducts an audit of mental health provision and support within schools, looking at how well the guidance issued toschools this year has been implemented, what further support may be needed, and highlighting examples of best practice. OFSTED should also make routine assessments of mental health provision in schools.</li>
</ul>
<ul>
<li>Children and young people also need to know how to keep themselves safe online. We recommend that as part of its review of mental health education in schools, the Department for Education should ensure that links between online safety, cyberbullying, and maintaining and protecting emotional wellbeing and mental health are fully articulated. We recommend clear pathways are identified for young people to report that they have been sent indecent images of other children or young people, and that support is provided for those who have been victims of image sharing. Pathways should also be established for children and young people who have experienced bullying, harassment and threats of violence. </li>
</ul>
<ul>
<li>The Department of Health/NHS England taskforce should also report on the most effective ways of supporting CAMHS providers to help young people cope with the challenges of online culture, and also on how agencies can make better use of online means of communication for reaching out to young people.</li>
</ul>
</div>
</div>
Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7539001391742187750.post-70111129881257349052014-10-15T12:03:00.001-07:002014-10-15T12:15:42.975-07:00The Department for Education and the Local Offer: Part Two<br />
On 2 October, we provided an update on our attempt to obtain clear information from the Department for Education (DfE) about the implementation of the Local Offer.<br />
<br />
The DfE's response, which you can read <a href="http://educationalrightsalliance.blogspot.co.uk/2014/10/parental-engagement-with-dfe-on-law.html">here</a>, confirmed that 99% of LAs had now published a Local Offer or, perhaps, something which the DfE referred to as 'an initial Local Offer'.<br />
<br />
We queried this figure. Did this mean that 99% of LAs had now published statutorily compliant Local Offers, e.g. had the Local Offers been published as a result of statutory consultation, or had LAs just been told to stick something (anything) on their websites?<br />
<br />
We also queried the term 'initial Local Offer'. The term is, of course, entirely meaningless legally. The law recognises only one type of Local Offer: the Local Offer set out in the Children and Families Act, its Regulations and the Code of Practice.<br />
<br />
This week we received this further email response.<br />
<br />
<i>Dear Dr Sayers, </i><br />
<i><br /></i>
<i>Thank you for your email dated 25 September 2014 about the local offer. </i><br />
<i><br /></i>
<i>I am sorry not to have replied sooner. As you rightly point out, there is not a separate legal definition of an “Initial local offer". I can explain why I used the term in my earlier reply. Under the statutory requirements in the Children and Families Act, local authorities are required, from September 2014, to consult children and young people with special educational needs or disabilities and the parents of disabled children and those with SEN in developing the local offer and publish it on a website. The implementation date is the same for both aspects of the requirements: the duty to consult and the duty to publish information, but you would expect publication to follow consultation. Since a key feature of the local offer is that it should be developed, reviewed and kept up to date and local authorities have been required to publish different information about support for children and young people who are disabled or have SEN for some time, we encouraged them to publish information in a local offer in September and work with families to develop and update it. Our initial check of local offers - and the basis of my '99% figure' - was a check to see that there was a local offer website up and running. Of course, local authorities will be developing those local offers over time. </i><br />
<br />
<i>I am happy for you to publish my responses to your queries - and there is no need to redact my name. (I also agree that using the generic email address can seem rather impersonal - however, it has the advantage of ensuring that the correspondence is properly logged on the Department's systems.)</i><br />
<i><br /></i>
<i>Your correspondence has been allocated reference number 2014/0063754. If you need to respond to us, please visit: www.education.gov.uk/contactus, and quote your reference number.</i><br />
<i>Yours sincerely,</i><br />
<i><br /></i><i>Stephen Kingdom</i><br />
<i>Childcare, Special Educational Needs and Children’s Strategy</i><br />
<br />
We are grateful for this response. However, it seems clear to us that all the DfE has done is made sure LAs have something on their websites and that it is simply hoping that compliance with the law may 'develop over time'. An approach which parents will be all too familiar with and which is unacceptable.<br />
<br />
Then, today, we have noted a flurry of tweets from the DfE making wholly unevidenced claims about the reforms such as:<br />
<br />
"'Parents are delighted, equipment is cheaper and their personal budgets are really successful' - LA Pathfinder #SEND"<br />
<br />
We think a bit more Departmental time spent on protecting children's rights and a bit less on pumping out obvious spin is needed. There will be no long-lasting change to this dated 'SEN model' while the legally rights of children and young people can be so easily pushed to one side and given a lower priority than the needs of the authorities charged with their implementation.<br />
<br />
<br />
<div>
<br /></div>
Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7539001391742187750.post-25440498060939178542014-10-04T04:10:00.002-07:002014-10-08T03:17:01.882-07:00The SEND reforms: a case of the Emperor's new clothes?<div style="text-align: justify;">
Over the last month or so, we have seen so many conferences, so many speeches, and so many lunches. There has been much high-fiving and back-slapping about our brave new SEN landscape. So many consultants have been advising, marketing and promoting. The SEN industry is certainly alive and well.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
Yet, in the land of the Emperor's New Clothes (the Children and Families Act) all is not contentment and joy. Those who point out the nakedness of the monarch are castigated for not 'playing fair' or maybe for 'not getting stuck in' or even worse for 'not making the best of things'. It's as if somehow, by not playing along with the whole charade, they are being ungrateful or they are letting some unknown (and unjoined) 'SEN team' down.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
The Educational Rights Alliance does not speak for all parents. We do not represent the 'SEND community'. Indeed, we believe no such singular 'community' exists. We make no claims about being on any 'SEND team'. We have, however, committed ourselves to developing grassroots action where we can and to raising issues concerning transparency, accountability and equality (and it really is startling how threatening large, extremely well-funded organisations find simple questions). We certainly have no wish to join the noblemen who (to continue the Emperor's New Clothes analogy) <i>"pretended to lift and hold the King's mantle high because they didn't dare admit they had nothing to hold".</i><br />
<i><br /></i>
Below are just a few of the ways in which we think it is very clear that the 'King' is in fact 'in the altogether'.<br />
<i><br /></i></div>
<div style="text-align: justify;">
<b>'Independent Supporters'</b></div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
For example, we have had an unecessarily protracted battle to obtain basic information about 'Independent Supporters' - once-christened 'Parent Champions' by the Government (but remember no actual parents were included in the making of this initiative). Read our post <a href="http://educationalrightsalliance.blogspot.co.uk/2014/09/independent-supporters-can-anyone.html"><span style="color: #990000;">here </span></a>for example. </div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
It is now certain, according to a recent FAQ published by the Council for Disabled Children (CDC), that these 'Champions' are nothing of the sort. In response to a question we had raised about what Independent Supporters would do if they noted unlawful practice by LAs, the CDC says:</div>
<div style="text-align: justify;">
<i><br /></i></div>
<div style="text-align: justify;">
<i>"The role of an Independent Supporter is to help parents and young people gather the information required to formulate a draft EHC plan. Advice on local authority practices that goes beyond this time limited task of an Independent Supporter would be best referred over to the Information Advice and Support Service, who are best equipped and trained to resolve any concerns of this nature.</i>"</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
So, there you have it. 'Independent Supporters' would not tell parents to go and seek independent legal advice or even tell them that the LA cannot do what they claim they can, they are simply advised to keep silent and suggest a parent sees IASS (formerly the Parent Partnership Service (PPS)). This is an 'arms-length' service funded by LAs which is not run by legally qualified staff. It has a highly variable record for consistency and willingness to take issue with LA practices. How is this acting in the best interests of families with disabled children? With a 'Champion' like that, who needs enemies? We believe the whole intervention may work primarily for the benefit of LAs: an extra 'pair of hands' to clear the bureacratic nightmare that is this new legislation. </div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
Similarly, as part of the 'Independent Supporters' (IS) saga, given the CDC's and Government's acknowledgement of potentially significant variation between the delivery of the services locally, we wrote to every single publicly funded IS provider on 9 September with this <a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4cG5ZTGVUN1RQY00/edit"><span style="color: #990000;">letter</span></a>. The list of providers is found <a href="http://www.councilfordisabledchildren.org.uk/media/562481/updated-list-of-organisations-under-contract.pdf"><span style="color: #990000;">here</span></a>. We believe that the information requested is of importance to parents and that good governance dictates that someone should have a clear idea of the disparity to services nationally.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
Sadly, although there are at least <b>FORTY-SIX </b>individual oranisations listed by the CDC as providing publicly-funded IS services, after a month, we have had acknowledgements from only <b>FIVE </b>and no substantive responses to the questions raised. The organisations who have at least responded are:</div>
<div style="text-align: justify;">
</div>
<ul>
<li>Grapevine Coventry</li>
<li>Mencap</li>
<li>The Edge Consulting (who have offered to discuss this with us)</li>
<li>Amaze Brighton</li>
<li>VCAT</li>
</ul>
<span style="text-align: justify;">This is hugely disappointing. If these bodies were public bodies, they would be bound by the Freedom of Information Act and they would have to respond. We believe that this information should be readily available as the public is paying for these services. The information should also be capable of comparison by being available centrally. Otherwise, how can we prevent yet more 'postcode gaps' appearing in the variable geometry of our SEN system? </span><br />
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
<b>Local Offer</b></div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
The Local Offer was another intiative which drew significant praise, not least from the CDC itself (see their letter <a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4ZUNHY2NBY2x4UlU/edit"><span style="color: #990000;">here</span></a>).</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
The Local Offer is created by the Act and its rather messy accompanying Regulations. The legal obligations it creates and places on local authorities are very clear. Yet, post 1 September, it was obvious that many LAs simply had not created a Local Offer let alone consulted on one. See our letter to Mr Timpson <a href="http://educationalrightsalliance.blogspot.co.uk/2014/09/the-local-offer-brave-new-world.html"><span style="color: #990000;">here</span></a>.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
There appears to be much sympathy for the unreadiness of LAs which has not been fairly balanced by outrage at the denial of rights to children and young people. Those who plead for LAs to have time and 'support' to produce basic 'initial offers' (whatever they are - see our post <a href="http://educationalrightsalliance.blogspot.co.uk/2014/10/parental-engagement-with-dfe-on-law.html"><span style="color: #990000;">here</span></a>) were silent when we were demanding a moratorium on the legislative procees to ensure it was implemented effectively and to children and young people's benefit. This Act was very clearly railroaded through Parliament, yet the lack of criticial analysis of the consequences of this from those with the weight and power to do so has been shameful.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
<b>Section 19</b></div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
Another cause for rejoicing, at varying levels, has been the introduction of s 19 of the Children and Families Act, specifically s 19(d). This says that in exercising its functions, a local authority <b>must have regard</b> to the following matters in particular:</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
<i>"the need to support the child and his or her parent, or the young person, in order to facilitate the development of the child or young person and to help him or her achieve the best possible educational and other outcomes."</i></div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
Let us be very clear. This is not a duty of substance but one of procedure. This section does <b>not </b>mean a child is legally entitled to the best possible educational outcomes but that, procedurally, when making decisions the LA must 'have regard' to this goal. What LA is going to say that it hasn't, or fail to record that it hasn't, considered what the 'best possible educational' outcome would be?<br />
<br />
The 'regard' duty has been compared to the duty on public bodies under the Equality Act 2010 (the Public Sector Equality Duty (PSED)) to pay 'due regard' to certain goals (e.g.eliminating discrimination) in all their actions and functions. The fact that this is a procedural duty and not a substantive one (i.e. it does not require a particular outcome) is confirmed in the lead <a href="http://www.bailii.org/ew/cases/EWHC/Admin/2008/3158.html"><span style="color: #990000;">case </span></a>on the Act which gave rise to the so-called '<span style="color: #990000;"><a href="http://www.moray.gov.uk/downloads/file89347.pdf"><span style="color: #990000;">Brown Principles</span></a>'</span>. The court clearly stated here (at para 81):</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
<i>"it is important to appreciate........that the imposition of a duty to have "due regard" to the various identified "needs" does not impose a duty to achieve results. It is a duty to have "due regard" to the "need" to achieve the identified goals. This is a vital distinction".</i></div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
The PSED has been very important in challenging the practice of public bodies who would otherwise not even think about the duties under the Equality Act as it compels them to record their consideration of equality related issues when undertaking their decision-making. Yet, in the SEN process, LAs are already required to consider the individual needs of the child and the appropriate provision to meet those needs. The SEN process is also already dominated by written procedures: assessments obtained, views sought, evidence considered. Even if the whole process largely seems like a charade, from a legal perspective, the procedure already exists for LAs to argue that they are taking account of what the 'best educational outcomes' are for this individual child when making a decision. Under s 19, you can't challenge that in court just because you feel it is untrue. You can only mount a challange when you can show, <i>procedurally</i>, that it hasn't happened. Even then, if you win, the court will simply send the case back to the LA for them to rubber-stamp their initial decision using the right language.<br />
<br />
<span style="font-family: inherit;">So we must be very honest with parents. </span><span style="font-family: inherit;">On an individual case level, only in cases where glaringly unsuitable decisions are made, with no evidence that anyone thought of the outcomes for the child, will this provide any opportunity for legal challenge and even then challenge is likely to be by way of appeal before the Tribunal rather than judicial review before the courts. </span>This is because the availability of appeal to the SEN Tribunal means that judicial review is often not considered appropriate (if it is thought of at all by solicitors) in cases concerning the <i>quality </i>of provision. Judicial review is a remedy of last resort (all other options must have been tried). If you can appeal to the Tribunal about the inadequacy of provision you have not exhausted all other options. <span style="font-family: inherit;"> If a judicial review is available (perhaps because the Tribunal route is ineffective), it is more than likely that a judicial review could have been taken on existing legal grounds irrespective of the existence of s 19(d).</span><br />
<span style="font-family: inherit;"><br /></span>
Post the Children and Families Act, the duty on LAs is still to ensure that the child has the provision 'appropriate' to their needs. This is at least a substantive one. So what does a procedural duty to have 'regard' to the 'best possible educational outcomes' add to this? LAs will simply say that they have taken this into account in providing what they believe to be the most appropriate provision. Only in glaring cases of irrationality (the sort of case which would allow challenge on basic public law principles anyway) would this be challenged by judicial review. In reality, such issues are most likely to end up before the Tribunal again who may well feel this procedural duty adds very little to the substantive issues they are being asked to decide. It can only be hoped that it at least makes LAs more transparent in their decision-making when they make and record their decisions.</div>
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<br /></div>
<div style="text-align: justify;">
Of course, if we are wrong on the law on this, we would be happy to be put right with clear examples of what it is felt that s.19 adds to the law as it stands. We think there is certainly a need for further discussion on this. But we also think that caution should be exercised before making claims about the nature and impact of this particular reform.</div>
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<br /></div>
<div style="text-align: justify;">
<b>Conclusion</b></div>
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<br /></div>
<div style="text-align: justify;">
So taking up from where we started, what has the rejoicing been about? Yes, it is early days but we owe it to our children and young people to remain rooted in reality when we consider what is happening. </div>
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<br /></div>
<div style="text-align: justify;">
We inhabit a country where swingeing cuts are being made to public services, where teachers are being blamed for everything that goes wrong, where an oversight body (Ofsted) does not even mention SEND when producing a report on behaviour (see our post <a href="http://educationalrightsalliance.blogspot.co.uk/2014/10/dear-ofsted-dont-let-sen-fly-below-radar.html"><span style="color: #990000;">here</span></a>) and where equality is never mentioned as a goal of SEN reform.</div>
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<br /></div>
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The reform process has not seriously attempted to reach out and engage with parents, carers, children and young people in any systematic and egalitarian way. It is no slight on Parent Carer Forums (PCFs) to say not all parents are part of them, want to be part of them or are even aware of their existence. Genuine engagement has to go beyond this and down to grassroots level. It has to engage those who are battling with multiple disadvantages, those whose views are generally not sought out or considered. There is a need to look at the problem from the bottom up. This means fewer highly-paid consultants, quangos, and charity consortia and more grassroots advocacy and community activism.</div>
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<br /></div>
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Until this happens, with our limited resources, we shall continue to shout loudly:<br />
<br />
<i> "But he isn't wearing anything at all".</i></div>
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<br /></div>
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<br /></div>
Unknownnoreply@blogger.com1tag:blogger.com,1999:blog-7539001391742187750.post-85322212570334233472014-10-02T04:03:00.001-07:002014-10-02T08:41:10.278-07:00Parental engagement with the DfE on law-breaking and the Local Offer<br />
<div style="text-align: justify;">
On 3 September, we wrote to Mr Timpson about what looked like catastrophic non-compliance with the law relating to the Local Offer.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
You can read our post and letter <a href="http://educationalrightsalliance.blogspot.co.uk/2014/09/the-local-offer-brave-new-world.html"><span style="color: #990000;">here</span></a>. </div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
You may remember that the Minister had previously claimed that 95% of LAs were ready for the introduction of the Children and Families Act and that he had made the following promise: "for authorities who are further behind the curve, I’ve made it my business personally to follow up on their progress".</div>
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<br /></div>
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Our letter asked the Minister to confirm what action his department intended to take to ensure full compliance with the law and whether he could confirm that the Department for Education (DfE) was are prepared to receive information directly from parents regarding problems with the implementation of the Local Offer in their area.</div>
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<br /></div>
<div style="text-align: justify;">
On 24 September, we received a response. We should say at the outset we immediately asked by email and twitter whether the DfE had any objection to the publication of this response but that we have received no reply. We have decided to publish it so that parents can share this important information.</div>
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<br /></div>
<div style="text-align: justify;">
Deputy Director Mr Kingdom wrote:</div>
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<br /></div>
<div style="text-align: justify;">
<i>"Dear Ms Sayers, </i></div>
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<i><br /></i></div>
<div style="text-align: justify;">
<i>Thank you for your letter of 3 September addressed to Edward Timpson. I have been asked to respond as I am the Deputy Director in the 0-25 Special Educational Needs and Disability Unit.</i></div>
<div style="text-align: justify;">
<i><br /></i></div>
<div style="text-align: justify;">
<i>I was pleased to see the Educational Rights Alliance taking part in the Special Needs Jungle twitter chat last week. As you’ll have seen, some of that discussion covered similar ground to your letter. I am hoping that Special Needs Jungle will publish a follow-up blog from me expanding further on some of those issues.</i></div>
<div style="text-align: justify;">
<i><br /></i></div>
<div style="text-align: justify;">
<i>With regard to the specific points in your letter on the Local Offer it is, of course, a key component of the SEND reforms. Under the statutory requirements in the Children and Families Act, local authorities are required, from 1 September 2014, to consult children and young people with special educational needs or disabilities and the parents of disabled children and those with SEN in developing the Local Offer and to publish it on a website. Local authorities have been required to publish different information about support for children and young people who are disabled or have SEN for some time. That is why we have encouraged local authorities to publish an initial Local Offer in September and work with families to develop and update it.</i></div>
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<i><br /></i></div>
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<i>We are monitoring the implementation of all the special educational needs and disability reforms, including the Local Offer, and providing a package of support to local authorities. Our latest information shows that 99% of local authorities have now published a Local Offer and we are actively pursuing the remainder. Over the coming months, we will look carefully at the continued progress of local authorities in developing their Local Offers and provide further support where appropriate.</i></div>
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<i><br /></i></div>
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<i>If parents have concerns about the Local Offer drawn up by their own local authority, their first point of call should be to discuss their concerns with the local authority. However, if that does not resolve the issue, then we are, of course, prepared to receive information from them.</i></div>
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<i><br /></i></div>
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<i>Your correspondence has been allocated reference number 2014/0059226. If you need to respond to us, please visit: www.education.gov.uk/contactus, and quote your reference number.</i></div>
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<i><br /></i></div>
<div style="text-align: justify;">
<i>Yours sincerely,</i></div>
<div style="text-align: justify;">
<i><br /></i></div>
<div style="text-align: justify;">
<i>Stephen Kingdom</i></div>
<div style="text-align: justify;">
<i>Deputy Director</i></div>
<div style="text-align: justify;">
<i>Childcare, Special Educational Needs and Children’s Strategy"</i></div>
<div style="text-align: justify;">
<i><br /></i></div>
<div style="text-align: justify;">
<i><br /></i></div>
<div style="text-align: justify;">
There are several points to note arising from this. </div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
Firstly, the DfE uses the term "initial Local Offer" as if it has some meaning and significance separate from the Local Offer required by the Children and Families Act - a 'Local Offer Lite' perhaps?</div>
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<br /></div>
<div style="text-align: justify;">
Secondly, the claim is that 99% of LAs have now published a Local Offer. The evidence to support this claim is not referenced and there is no information confirming that what has been published actually complies with the law. Is the DfE concerned that a legally compliant Local Offer is published or just that LAs get 'something' (anything) published?</div>
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<br /></div>
<div style="text-align: justify;">
Thirdly, it is good to know that LAs are getting a package of 'support' but this doesn't explain why the Government has railroaded these reforms through when there is clear evidence LAs were not ready or why supporting LAs seems always to take priority over enforcing children's rights. </div>
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<br /></div>
<div style="text-align: justify;">
Finally, the DfE has confirmed that, if you cannot get any joy out of discussing the Local Offer with your LA, you can contact the DfE. </div>
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<br /></div>
<div style="text-align: justify;">
With these concerns in mind, we responded immediately via the 'contact us' box at the DfE (with our duly allocated reference number) as follows:</div>
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<i>Dear Mr Kingdom,</i></div>
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<i><br /></i></div>
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<i>Thank you very much for your response.</i></div>
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<i><br /></i></div>
<div style="text-align: justify;">
<i>We are not sure the law recognises the term 'initial Local Offer' so perhaps you could explain what the DfE believes it to mean and whether it is to be distinguished from the Local Offer required by law. Following on from that, in relation to your figure of 99% compliance, is that compliance with publishing what you describe as 'initial Local Offer' or are you asserting that 99% of LAs have now completed the statutorily required consultation and have a produced a Local Offer which is compliant both with the Act and its Regulations? In either case, could you confirm how you have ascertained this?</i></div>
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<i><br /></i></div>
<div style="text-align: justify;">
<i>We would be grateful if you would also confirm that you are happy for us to publish your response. We are, of course, happy to redact your name if you would prefer.</i></div>
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<i><br /></i></div>
<div style="text-align: justify;">
<i>We will send this email to your generic email address as suggested but we have replied to this address also as a generic email address seemed a potentially unreliable way of communicating on an issue of such acute importance to parents.</i></div>
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<i><br /></i></div>
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<i>Regards,</i></div>
<div style="text-align: justify;">
<i><br /></i></div>
<div style="text-align: justify;">
</div>
<div style="text-align: justify;">
<i>Debbie Sayers</i></div>
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<i><br /></i></div>
<div style="text-align: justify;">
We shall let you know if we receive a response but we wonder whether a Government which was serious about ensuring compliance with the law to protect children's rights would boot the issue into the long grass in this way without any genuine attempt at engagement.</div>
<br />Unknownnoreply@blogger.com1tag:blogger.com,1999:blog-7539001391742187750.post-86912824118726360892014-10-02T03:30:00.001-07:002014-10-02T03:30:08.378-07:00Dear Ofsted, don't let SEN fly 'below the radar'On 25 September, Her Majesty’s Chief Inspector (HMCI), Sir Michael Wilshaw, raised concerns about 'low-level disruptive behaviour' in schools in a report entitled 'Below the radar: low-level disruption in the country’s classrooms'. You can read that report <a href="http://www.ofsted.gov.uk/resources/below-radar-low-level-disruption-country%E2%80%99s-classrooms"><span style="color: #990000;">here</span></a>.<br />
<div>
<br /></div>
We were extremely concerned at the tone of the report and its failure to mention the need to support and include disabled pupils and those identified as having special educational needs. So, we drafted the following letter:<br />
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<div style="text-align: justify;">
<i>We write to express our serious concern about Ofsted's recently published report, 'Below the radar: low-level disruption in the country’s classrooms' .</i></div>
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<i><br /></i></div>
<div style="text-align: justify;">
<i>The report makes no mention of disabled pupils or those identified as having special educational needs, yet much of the 'low-level disruptive behaviour' listed reads like a checklist for some of the behaviours exhibited by such pupils, especially those who lack effective support. For example, Ofsted's report lists; "talking and chatting", "disturbing other children", "calling out", "not getting on with work", "fidgeting or fiddling with equipment", "not having the correct equipment", "purposely making noise to gain attention", "answering back or questioning instructions" and "swinging on chairs". The failure to note the link between these seemingly 'non-normal' behaviours and SEND is a startling omission which could undermine efforts at inclusive practice and encourage schools, parents and children, to view pupils with different needs as being inconsistent with a productive learning environment.</i></div>
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<i><br /></i></div>
<div style="text-align: justify;">
<i>This would be a hugely regressive step which could encourage unlawful and discriminatory practices. It is notable that Ofsted's report makes no reference to the Equality Act 2010, although the law requires that reasonable adjustments be made to ensure that disabled pupils are not placed at a detrimental disadvantage because of their disabilities. There is clear evidence that a failure to adjust the educational environment may significantly affect pupils with SEND such as autism. Behaviour which is linked to a child's disabilities should never result in a situation where a child is punished and treated less favourably because of that disability. Further, the Equality Act also requires schools to pay due regard to the need to eliminate disability discrimination in all their policies and practices: this includes behaviour policies. Ofsted entirely overlooks the clear, statutory requirement to ensure that blanket policies do not directly/indirectly discriminate against disabled pupils.</i></div>
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<i><br /></i></div>
<div style="text-align: justify;">
<i>Ensuring that all pupils are effectively included and not discriminated against is of vital importance to the development of an inclusive society. Ofsted has itself previously noted that "pupils currently identified as having special educational needs are disproportionately from disadvantaged backgrounds, are much more likely to be absent or excluded from school, and achieve less well than their peers, both in terms of their attainment at any given age and in terms of their progress over time". [1] It also found in the same report that "despite extensive statutory guidance", the consistency of the identification of special educational needs varied widely and that "children and young people with similar needs were not being treated equitably and appropriately".</i></div>
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<i><br /></i></div>
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<i>Ofsted clearly intends this report to be scrutinised and followed carefully by schools so the failure to acknowledge the rights of disabled pupils in such a context may impact adversely on the inclusion and understanding of pupils with SEND, particularly in schools which lack the training and understanding to ensure disabled children are supported.</i></div>
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<i><br /></i></div>
<div style="text-align: justify;">
<i>We need a society which values difference. We, therefore, urge you to consider issuing clear guidance to schools on the link between SEND and behaviour and the importance of ensuring that disabled pupils' rights to education are met in accordance with the law.</i></div>
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<div style="text-align: justify;">
[1] Ofsted, ' The special educational needs and disability
review: A statement is not enough', September 2010</div>
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<div style="text-align: justify;">
We put the letter on avaaz.org and tweeted. Over 150 signatures have been collected in less than a week from parents, teachers, lawyers, academics, activists and other concerned individuals.</div>
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<br /></div>
<div style="text-align: justify;">
You can read the final letter with the attached signatures <a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4SDVDbWNYU28xMWs/edit?usp=sharing"><span style="color: #990000;">here</span></a>. It has now been sent to Sir Michael Wilshaw and we will let you know what response we receive.</div>
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Thanks to everyone who stood together to raise this issue.</div>
<br />Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7539001391742187750.post-66485156986296452352014-09-10T10:10:00.000-07:002014-09-10T13:12:48.306-07:00Independent Supporters: can anyone answer some very basic questions?We have had great difficulty in obtaining basic information about the finer details of the Independent Supporters' (IS) initiative. See our last post <a href="http://educationalrightsalliance.blogspot.co.uk/2014/09/sense-responds-on-independent.html"><span style="color: #990000;">here</span></a>.<br />
<br />
It seems all roads lead back to the Government's funded Strategic Reform Partner, the Council for Disabled Children (CDC). However, obtaining information from the CDC has not always been easy. One of the big problems with charities taking on work for the state is that they are not covered by the Freedom of Information Act 2000 and we are reliant on their sense of public accountability and transparency to obtain information. For such organisations, publishing the information they want to share and answering other people's questions are, of course, very different things.<br />
<br />
Currently, we await a response from the CDC to the questions set out in a letter to the charity <a href="http://www.sense.org.uk/"><span style="color: #990000;">SENSE</span></a>. SENSE are the charity who won the contract to organise the legal training for IS. You may remember that, in respect of 11 of our 19 questions, SENSE referred us back to the CDC. You can read SENSE's response <a href="https://docs.google.com/file/d/0B9GzK_Pgp6B4TDRldDFGdWJYR0U/edit"><span style="color: #990000;">here</span></a>. We understand SENSE has discussed the letter with the CDC so, hopefully, the CDC will be able to reply promptly given the importance of this information to parents.<br />
<br />
In the meantime, we note that the CDC has published some details of the timetable to train Independent Supporters. You can read this <a href="http://www.councilfordisabledchildren.org.uk/what-we-do/independent-support/independent-support-training"><span style="color: #990000;">here</span></a>. It appears that IS will receive both legal training and training on their role and remit (including what to do when issues arise which are outside their remit). We also note that training on the role of IS may be made available by the CDC to local authorities but not, it seems, to parents.<br />
<br />
We think information about the role and remit of the IS should be within the public domain and that there should be consistency nationally on the operation of this service. We think the 'local protocols' and 'Memoranda of Understanding' referred to by the CDC <a href="http://www.councilfordisabledchildren.org.uk/media/562919/qa-training-final.pdf"><span style="color: #990000;">here</span></a> should be published. We should know who is signing these agreements and what they say.<br />
<br />
We have now written to every organisation who won a contract to deliver the IS service (save for Birmingham Parent as the link on the CDC's website is to Birmingham City Council - surely some mistake?). The list of organisations involved is set out<span style="color: #990000;"> <a href="http://www.councilfordisabledchildren.org.uk/media/562481/updated-list-of-organisations-under-contract.pdf"><span style="color: #990000;">here</span></a>. </span>Our letter can be read <a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4cG5ZTGVUN1RQY00/edit?usp=sharing"><span style="color: #990000;">here </span></a>and we will post all responses.<br />
<br />
Why are we so concerned about this intiative? The lack of parental involvement is one issue but the lack of certainty about the true nature of these 'Parent Champions' is also very unfair to parents. Our concerns about IS increase when the CDC make comments like this (read <a href="http://www.councilfordisabledchildren.org.uk/media/638771/es-is-programme-board-meeting-minutes-june2014.pdf"><span style="color: #990000;">here</span></a>):<br />
<br />
<i>"There was a concern that IS may lead to an increase in tribunals. CL (Christine Lenehan, Director of the CDC) reassured the board 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."</i><br />
<br />
The fact that this could actually be a measure to provide additional staff for LAs during the 'transition' seems to be supported by comments found <span style="color: #990000;"><a href="http://www.councilfordisabledchildren.org.uk/media/638777/final-es-is-board-meeting-notes-july-17th-2014.pdf"><span style="color: #990000;">here</span></a> </span>which again appear to be from Ms Lenehan:<br />
<br />
<i>"It would be unrealistic to expect Local Authorities (LAs) to <b>continue to meet the costs for all Independent Supporters</b>, once central Government funding expires in 2016."</i><br />
<br />
And again:<br />
<br />
<i>"TP (Toby Price of the London Borough of Sutton) mentioned the importance of marketing the IS service to LAs to ensure that they co-operate and work collaboratively with Independent Supporters. MB (Martin Bull of Independent Support) informed the board that <b>bids for phase 1 of IS required a reference from an LA</b> (or if multiple bids at least 1 LA). CL (Christine Lenehan) mentioned that it would be a good idea to put together a piece of work to help Independent Supporters broker good relationships with LAs and that this work should be endorsed by the Association of Directors of Children’s Services (ADCS)". </i><br />
<br />
We think that there needs to be clarity about the role and remit of Independent Supporters. We hope the organisations we have written to will agree.<br />
<br />
<br />
<br />Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7539001391742187750.post-67754519206743195532014-09-08T02:05:00.003-07:002015-02-24T14:14:24.018-08:00Taking grass roots action: how do we plan for inclusion in practice? The ERA to meet Wiltshire Council<span style="font-family: inherit;">In January, we wrote to Wiltshire Council about their intention to establish an ASC resource base at a school in Salisbury. </span><br />
<span style="font-family: inherit;"><br /></span>
<span style="font-family: inherit;">We wanted to know more about how Councils consult and plan for inclusion in practice. It is doubtless true that many local authorities see resource bases as a cost effective method of securing 'inclusion' in the mainstream so we were very keen to see what evidence the Council had to support its decision and how it was involving parents and children with autism in its planning. Obviously, if inclusion is to have any meaning beyond the mere physical presence of disabled pupils in mainstream schools, it requires careful and widespread consultation and engagement. We think this is certainly required by the Public Sector Equality Duty set out at s.149 of the Equality Act.</span><br />
<span style="font-family: inherit;"><br /></span>
<span style="font-family: inherit;">You can read our letter <span style="color: #990000;"><a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4Nl85VjRqX2laX2s/view?usp=sharing"><span style="color: #990000;">here</span></a>.</span></span><br />
<span style="font-family: inherit;"><br /></span>
<span style="font-family: inherit;">The response was very disappointing. <span style="background-color: white; line-height: 20.7900009155273px; text-align: justify;">The Council said the proposal was</span><span style="background-color: white; line-height: 20.7900009155273px; text-align: justify;"> </span><span style="line-height: 20.7900009155273px; text-align: justify;"><i>“a central part of the drive to develop a more inclusive education for pupils with SEN”</i><span style="background-color: white;"><i> </i>but it provided no</span></span><span style="background-color: white; line-height: 20.7900009155273px; text-align: justify;"> detailed information to support its plans. We were concerned as the genuine inclusion of pupils with ASC is a highly complex matter requiring advice, research and in-depth discussion with parents and children. See the Council's response <a href="http://educationalrightsalliance.blogspot.co.uk/2014/01/new-asc-resource-base-planned-for.html"><span style="color: #990000;">here</span></a>.</span></span><br />
<span style="font-family: inherit;"><br /></span>
<span style="background-color: white; line-height: 20.7900009155273px;"><span style="font-family: inherit;">After pursuing several requests for further information under the Freedom of Information Act, we were very disappointed to note that the Council's final response seems to confirm:</span></span><br />
<span style="font-family: inherit;"><br style="background-color: white; line-height: 20.7900009155273px;" /><span style="background-color: white; line-height: 20.7900009155273px;">(i) Wiltshire Council has undertaken no consultation with any group or person with autism about the planning for this particular base.</span><br style="background-color: white; line-height: 20.7900009155273px;" /><br style="background-color: white; line-height: 20.7900009155273px;" /><span style="background-color: white; line-height: 20.7900009155273px;">(ii) Wiltshire Council has no records of its decision-making. This means it has no records supporting the choice of school for this base and it has obtained no written advice from any professional with expertise in autism to assist with its planning to support children's inclusion.</span><br style="background-color: white; line-height: 20.7900009155273px;" /><br style="background-color: white; line-height: 20.7900009155273px;" /><span style="background-color: white; line-height: 20.7900009155273px;">(iii) Wiltshire Council can provide no detail about the nature of the proposed base e.g. it can provide no detail of the numbers of chilldren, the complexitiy of their disabilities, the planned training of staff in the mainstream, the therapies on offer etc.</span><br style="background-color: white; line-height: 20.7900009155273px;" /><br style="background-color: white; line-height: 20.7900009155273px;" /><span style="background-color: white; line-height: 20.7900009155273px;">We think children deserve better than this haphazard planning. As we have noted, inclusion means far more than simply being physically present at a school and it is unacceptable that those with expertise in autism, including parents and children, have not been consulted, or that if they have, no records have been made of their advice.</span></span><br />
<span style="background-color: white; line-height: 20.7900009155273px;"><span style="font-family: inherit;"><br /></span></span>
<span style="font-family: inherit;"><span style="background-color: white; line-height: 20.7900009155273px;">So, we wrote to all elected members to raise these issues as it is important that democratic representatives are able to excercise democractic accountability.</span><span style="background-color: white; line-height: 20.7900009155273px;"> </span><span style="background-color: white; line-height: 20.7900009155273px;">You can read our letter <a href="https://docs.google.com/file/d/0B9GzK_Pgp6B4VlF1SjJzY1JBbzA/edit"><span style="color: #990000;">here</span></a>.</span></span><br />
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<span style="font-family: inherit;"><span style="background-color: white; line-height: 20.7900009155273px;">We are extremely pleased to confirm that Councillor Richard Gamble, Wiltshire Council's </span></span><span style="line-height: 20.7900009155273px;">Portfolio Holder for Education, Skills and Youth, immediately offered to meet us to discuss these matters further.</span><br />
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<span style="line-height: 20.7900009155273px;">Our meeting with Mr Gamble will take place tomorrow and we will report on its outcome. We intend to raise all the points above and to ask how the Council can better include parents and children in their planning. Such inclusion should not, of course, be limited to a quick reference to the local Parent Carer Forum but it should be genuine and attempt to access the widest range of voices.</span><br />
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<span style="line-height: 20.7900009155273px;">The ERA aims to act openly in all its activities so we will report back on the meeting as soon as we can.</span><br />
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Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7539001391742187750.post-57324800063590962902014-09-04T10:43:00.001-07:002014-09-04T15:45:00.605-07:00'On the issue of evidence ...we will have to agree to differ'. On that, at least, we can agree!<br />
<span style="font-family: inherit;">This is probably the final instalment in the long running saga of our attempt to engage the Government's Strategic Reform Partner, the charity consortium the Council for Disabled Children (CDC), in open discussion about the evidence supporting the Children and Families Act.</span><br />
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<span style="font-family: inherit;"><span style="background-color: white; line-height: 20.7900009155273px;">You may remember that their Director, Christine Lenehan, had welcomed the CFA calling it an <i>"important step to getting better outcomes for children and young people".</i></span><br style="background-color: white; line-height: 20.7900009155273px;" /><br style="background-color: white; line-height: 20.7900009155273px;" /><span style="background-color: white; line-height: 20.7900009155273px;">We wrote to Ms Lenehan about this in March asking her if she had any evidence to support this statement. We received a reply on 28 July. You can read more about this </span><a href="http://educationalrightsalliance.blogspot.co.uk/2014/07/the-ncb-and-cdc-respond-to-our-letter.html" style="background-color: white; line-height: 20.7900009155273px; text-decoration: none;"><span style="color: #990000;">here</span></a><span style="background-color: white; line-height: 20.7900009155273px;"><span style="color: #990000;"> </span>and </span><a href="http://educationalrightsalliance.blogspot.co.uk/2014/08/what-is-evidence-children-and-families.html" style="background-color: white; line-height: 20.7900009155273px; text-decoration: none;"><span style="color: #990000;">here</span></a><span style="background-color: white; line-height: 20.7900009155273px;">.</span></span><br />
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<span style="font-family: inherit;"><span style="background-color: white; line-height: 20.7900009155273px;">We were grateful for Ms Lenehan's response but we wrote back as we felt she hadn't answered our question. You can read our letter </span><a href="https://docs.google.com/file/d/0B9GzK_Pgp6B4YlpZYzR6djFxT1U/edit" style="background-color: white; line-height: 20.7900009155273px; text-decoration: none;"><span style="color: #990000;">here</span></a><span style="background-color: white; line-height: 20.7900009155273px;">.</span></span><br />
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<span style="line-height: 20.7900009155273px;">Ms Lenehan promptly replied to our further letter setting out the changes the CDC had 'championed' (i.e. joined-up working, 0-25 approach and the Local Offer). Her response can be read</span><span style="font-family: inherit;"><span style="background-color: white; line-height: 20.7900009155273px;"> </span><a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4ZUNHY2NBY2x4UlU/edit?usp=sharing" style="background-color: white; line-height: 20.7900009155273px; text-decoration: none;"><span style="color: #990000;">here</span></a><span style="background-color: white; line-height: 20.7900009155273px;">. Ms Lenehan concluded:</span></span><br />
<span style="background-color: white; line-height: 20.7900009155273px;"><span style="font-family: inherit;"><br /></span></span>
<i style="background-color: white; line-height: 20.7900009155273px;"><span style="font-family: inherit;">"We believe therefore that the new reforms mark a real opportunity for change and through our networks and partnerships we will be challenging government to ensure they deliver."</span></i><br />
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<span style="background-color: white; line-height: 20.7900009155273px;"><span style="font-family: inherit;">It was helpful of Ms Lenehan to share her <b><u>opinions </u></b>but the question of <b><u>evidence </u></b>had, we felt, still been ignored.</span></span><br />
<i style="background-color: white; line-height: 20.7900009155273px;"><span style="font-family: inherit;"><br /></span></i>
<span style="font-family: inherit;"><span style="background-color: white; line-height: 20.7900009155273px;">So, we wrote to Ms Lenehan again noting the continued failure to supply examples of any evidence to support her contentions that the reforms are an "important step to getting better outcomes".</span><span style="background-color: white; line-height: 20.7900009155273px;">You can read our letter </span><u style="background-color: white; line-height: 20.7900009155273px;"><a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4TlNsekEwSkg0c0E/edit?usp=sharing" style="text-decoration: none;"><span style="color: #990000;">here</span></a></u><span style="background-color: white; line-height: 20.7900009155273px;">. </span></span><br />
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<span style="font-family: inherit;"><span style="background-color: white; line-height: 20.7900009155273px;">In the letter we noted that we saw no </span><i style="background-color: white; line-height: 20.7900009155273px;">evidence </i><span style="background-color: white; line-height: 20.7900009155273px;">supporting that contention that the legal changes introduced by the CFA will make any discernible difference to most of the day to day struggles parents face (e.g. evidence from pilots, research etc). </span></span><span style="background-color: white; font-family: inherit; line-height: 17.6333332061768px; text-align: justify;">We also noted the consistent use of</span><span style="background-color: white; font-family: inherit; line-height: 17.6333332061768px; text-align: justify;"> rhetoric rather than evidence: e.g. 'parents' champion', 'parents feel more supported than ever', 'co-production' etc etc.</span><br />
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<span style="font-family: inherit;"><span style="line-height: 17.6333332061768px;"><br /></span><span style="line-height: 17.6333332061768px;">Ms Lenehan has responded with this <a href="https://docs.google.com/file/d/0B9GzK_Pgp6B4SVJZRHZSZk9mMGs/edit"><span style="color: #990000;">letter</span></a>.</span></span></div>
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<span style="line-height: 17.6333332061768px;"><span style="font-family: inherit;">It helpfully informs us that disagreements in the disabled children's sector are not uncommon but it confirms that:</span></span></div>
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<span style="font-family: inherit; line-height: 17.6333332061768px;"><i>'On the issue of evidence ...we will have to agree to differ'</i></span></div>
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<span style="font-family: inherit; line-height: 17.6333332061768px;">We agree. We will have to disagree because we have asked for evidence and none has been forthcoming. This is disappointing. We can</span><span style="line-height: 17.6333332061768px;"> only conclude that the comment was an opinion or a hope rather than a statement supported by concrete evidence. </span></div>
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<span style="line-height: 17.6333332061768px;">Of course, if we are wrong in our conclusion, we are happy to be be put right by public reference to the evidence we have been asking for over the last 6 months.</span></div>
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<script>!function(d,s,id){var js,fjs=d.getElementsByTagName(s)[0],p=/^http:/.test(d.location)?'http':'https';if(!d.getElementById(id)){js=d.createElement(s);js.id=id;js.src=p+'://platform.twitter.com/widgets.js';fjs.parentNode.insertBefore(js,fjs);}}(document, 'script', 'twitter-wjs');</script>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7539001391742187750.post-55674299713540283272014-09-04T09:16:00.002-07:002015-02-24T14:18:22.657-08:00SENSE responds on Independent Supporters' legal training:"The Educational Rights Alliance need to address this question to CDC"Ever since the surprise announcement in January that the Government would be providing funding for so-called 'Parent Champions' in the SEN system, we have been asking questions about these 'Independent Supporters' (IS), their role, their mandate and the contract governing their selection.<br />
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This has not been an easy task. It seems it has proved challenging for the organisations implementing this proposal to set out the detail of how it will operate in practice. You can read our previous posts and our attempts to obtain information about these 'Champions' <a href="http://educationalrightsalliance.blogspot.co.uk/2014/03/the-role-of-independent-supporters-is.html"><span style="color: #990000;">here </span></a>and <a href="http://educationalrightsalliance.blogspot.co.uk/2014/06/contract-for-independent-supporters-is.html"><span style="color: #990000;">here</span></a>.<br />
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<b><u><span style="font-size: large;">Concerns</span></u></b></div>
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We have pursued this issue because we feel that the lack of transparency, consultation and clarity of purpose accompanying this proposal typifies some of the key problems with the Children and Families Act reform process: the exclusion of parents' views, announcements made without evidence or planning, an unwillingness to engage beyond selected groups or individuals and lots of rhetoric and fine words which don't translate easily into practice. As a result, we have several key concerns about the implementation of the 'Independent Support' project:<br />
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<b>1. Lack of transparency</b></h3>
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£30m was alloted to this time-limited initiative (it lasts until 2016) without any open consultation. It is clear that there were discussions but only with a hand-picked group of organisations (see <a href="http://educationalrightsalliance.blogspot.co.uk/2014/03/the-role-of-independent-supporters-is.html"><span style="color: #990000;">here</span></a>), some of whom have since bid for, and won, IS contracts.<br />
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This lack of transparency could be said to undermine claims that the Government has been working exclusively in the best interests of children and young people. The exclusion of parents' views from the development of this initiative is also clear from the National Network of Parent Carer Forums' (NNPCF) Position Statement in July. The NPPCF claimed that it had barely been consulted and had not been "involved in strategically developing the programme".<br />
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<b>2. Lack of independence</b></h3>
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The independence of 'Independent Support' is a clear concern. How independent of local authority (LA) control and influence will they be?<br />
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When we wrote to the Department for Education (the DfE) we were told:<br />
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<i>“The role of Independent Supporters is not to challenge local authority decisions”</i></div>
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You can read that post and correspondence <a href="http://educationalrightsalliance.blogspot.co.uk/2014/03/the-role-of-independent-supporters-is.html"><span style="color: #990000;">here</span></a>.<br />
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SN Jungle posted some interesting information on their blog in July quoting from the minutes of an Early Support and Independent Support Programme Board Meeting. In it, they said the Council for Disabled Children's Director (CDC), Christine Lenehan:<br />
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<i>"reassured the board 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.”</i></div>
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You can read this post <a href="http://www.specialneedsjungle.com/parent-carers-cold-co-production-seems-limits/"><span style="color: #990000;">here</span></a>.<br />
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Additionally, some parents have reported that there is a close connection between the proposed 'Independent Support' service in their area and the existing Parent Partnership Service (now renamed the Information, Advice and Support Services Network). Parents have historically reported mixed experiences with Parent Partnership Services. The close ties between PPS and their Local Authority has led to questions about the impartiality of some services and the blurring of lines between local LA policies and the law.<br />
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Put bluntly, 'Independent Supporters' who can't provide accurate, impartial and independent advice to parents and who aren't able to help parents challenge local authorities (LAs) are doing them a grave disservice. Indeed, they are potentially increasing the significant barriers parents already face to obtaining accurate legal information to enforce their children's rights. This is because if 'independent supporters' fail to challenge and advise impartially and in accordance with the law, parents (and their children) will be credited with a benefit they have simply not received. Parents may also rely on advice from 'Independent Support' when they might otherwise have sought independent and impartial legal advice from lawyers or organisations like IPSEA.<br />
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<b>3. 'Support' not rights</b></h3>
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We are concerned at the intention behind the intitiative. The rhetoric is patronising not empowering e.g. from the CDC's press release <a href="http://www.ncb.org.uk/media/1102886/independent_support_q_and_a.pdf"><span style="color: #990000;">here</span></a>:<br />
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<i>"Independent Supporters will help to build resilience in families"</i></div>
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And;</div>
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<i>"At its heart, Independent Support is intended to build family resilience and not encourage dependency."</i></div>
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We seriously object to the language of 'dependency' being applied to the parents of children and young people with SEN and disabilities. We have been unable to get any kind of explanation for its use by the CDC.<br />
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Also, we believe that the term 'independent support' reflects a culture where parents are belittled and patronised by a system operated by "those who know best". It suggests that what parents really need is 'handholding' and 'signposting'. In reality, what parents and young people urgently require is access to impartial, free and effective legal advice so that they can understand their rights and enforce them. It appears that this is simply not what 'Independent Supporters' are here to provide.<br />
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<b>4. The organisations delivering Independent Support</b></h3>
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In July, the CDC issued a list of organisations who had won contracts to deliver 'independent support'. The list can be accessed <a href="http://www.councilfordisabledchildren.org.uk/media/562481/updated-list-of-organisations-under-contract.pdf"><span style="color: #990000;">here</span></a>.<br />
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We approached all these organisations on twitter (if they had a twitter presence) asking them what experience they had of SEN law and SEN advising and what they understood the mandate of an 'independent supporter' to be. We got very few replies.<br />
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It is notable that some organisations, like the education advice charity IPSEA, are absent from a list which contains the names of many groups parents may struggle to recognise.<br />
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<b>5. Legal training</b></h3>
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In July, CDC also announced that it had awarded the contract for designing and delivering the legal training of 'independent supporters' to the charity SENSE, Details can be found <a href="http://www.sense.org.uk/content/sense-awarded-contract-independent-support-programme"><span style="color: #990000;">here</span></a>.<br />
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SENSE are supported in this project by Irwin Mitchell and the barrister Steve Broach.<br />
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Effective legal training is obviously vitally important as so many local authorities implement policies rather than the law. Unsurprisingly, we had some further questions to ask.<br />
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On 14 July, we wrote to Irwin Mitchell solicitors with some questions. You can read our letter <a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4NHJYRTFYd003OE0/edit?usp=sharing"><span style="color: #990000;">here </span></a>.<br />
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On 29 July, we received a response from Irwin Mitchell which you can read <a href="https://docs.google.com/file/d/0B9GzK_Pgp6B4WHR5c0o2MWgxLUU/edit"><span style="color: #990000;">here</span></a>. <span id="goog_329762097"></span><span id="goog_329762098"></span>It recognised the significance of effective legal training in enabling parents to access the new system and understand their rights. It also notes the importance of the questions we have raised. However, it confirmed that Steve Broach, Irwin Mitchell and SENSE had agreed that SENSE were best placed to answer the letter because they are leading the project.<a href="https://www.blogger.com/"></a><br />
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In August, we had contact from SENSE after a few chase-up tweets and they confirmed they were liasing with the CDC about answers to our questions so they could provide us with a "full response".<br />
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Yesterday, on 3 September, we received this <a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4TDRldDFGdWJYR0U/edit?usp=sharing"><span style="color: #990000;">letter </span></a>from SENSE which they have permitted us to share.<br />
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The following points are important:<br />
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1. The response to 11 of the 19 questions is simply "The Educational Rights Alliance need to address this question to CDC". This is despite the earlier promises of a 'full response'. We have since been told that the promise of a full response was "misleading". We have, of course, now forwarded our letter to Ms Lenehan of the CDC but it is very disappointing for a parents' group to have to chase for information in this way.<br />
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2. It is concerning that the organisation contracted to deliver legal training cannot answer questions about the experience, role or mandate of the individuals they are designing legal training for.<br />
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3. The legal training consists of (and this has been clarified): "one day of face to face training (including speaking notes), one day of on-line training and a raft of fact sheets and precedent letters" developed by SENSE, Irwin Mitchell and Steve Broach. It has been confirmed that Irwin Mitchell has already delivered training not to 'Independent Supporters' but to 'trainers' who will then deliver the training to 'Independent Supporters'. Thus, the legal training delivered to 'Independent Supporters' will not necessarily be delivered by lawyers. In fact, we have been told "the trainers are not from Sense and partners – they have been recruited by CDC and you will need to liaise with CDC about their qualifications."<br />
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<b>We think that parents could have designed and delivered an independent and impartial legal advice system for far less than £30 million but then we were never consulted or asked if we needed 'independent supporters'.</b><br />
<b>You can decide for yourself whether this is good enough.</b><br />
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Postscript: the ERA intends to write to all those organisations with IS contracts to inquire about the detail of the service they will offer to parents. Watch this space.</div>
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<br />Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7539001391742187750.post-69630606512385693862014-09-03T12:07:00.000-07:002014-09-04T15:03:43.984-07:00Help us to work with the Royal College of Speech and Language Therapists<br />
You may remember that we posted about our concerns about some speech and language therapy practices back in July. We had made contact with the Royal College of Speech and Language Therapists (RCSLT) about these concerns and you can about them in our post <a href="http://the%20chief%20executive%20of%20the%20rcslt%20declines%20to%20discuss%20our%20concerns/"><span style="color: #990000;">here</span></a>.<br />
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We are really pleased to report that Kamini Gadhok, the RCLT's Chief Executive, has now invited us to feed into the work they are doing to produce new guidance for speech and language therapists in the SEN system. We are also delighted to hear that a highly experienced education law QC will be providing advice to the RCSLT on this matter.<br />
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We very much look forward to providing feedback and we hope that parents, children and young people will continue to contact us with their thoughts and experiences so that we may pass them on.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7539001391742187750.post-3196013313041525982014-09-03T02:31:00.005-07:002014-09-04T15:04:29.756-07:00The Local Offer - a brave new world?This week, the commencement of the Children and Families Act heralded a new system for the asssessment and delivery of SEN provision for children and young people.<br />
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There has been much discussion about whether the Act will, in practice, lead to significant improvements to the daily lives and struggles of families with disabled children and young people. Some are optimistic that the promises and rhetoric about a 'culture change' will translate into real change. Others (frequently those with disabled children) believe that the Act has done little to address some of the core problems with the existing system (amongst them endemic unlawful practices) and that the new language around the Act will do little to change the reality of struggle in a climate of 'austerity'.<br />
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It seems that if you look at the detail of the Act, much of the reform process has been a fight to standstill: to ensure children and young people don't lose their rights, their statements and that parents aren't forced to jump through hoops (e.g. the initial proposal for compulsory mediation) to get basic SEN provision.<br />
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However, the Act certainly introduces some new procedures. Amongst them, one in particular has been described in glowing terms by charities: the Local Offer.<br />
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IPSEA provides some excellent factual information and advice on its fantastic new website and it describes the Local Offer this way<span style="color: #e06666;">:</span><br />
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"The LO should not be just a directory of services or series of links. It must say clearly what the LA expects to be available in terms of:<br />
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<li>what schools/colleges and other settings will provide from the funding they receive for SEN</li>
<li>what schools/ colleges and other settings in its area will provide from the funding they receive to support those with a disability</li>
<li>educational, health and care provision</li>
<li>training provision</li>
<li>transport arrangements between home and school/college/early years settings</li>
<li>support for preparing for adulthood and independent living</li>
</ul>
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An LA must consult children, parents and young people in developing this LO and in periodically reviewing it. They must take make sure there is a way for public comments to be made and published about the LO and they must then take them into account."<br />
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More information can be found on IPSEA's <a href="http://www.ipsea.org.uk/what-you-need-to-know/la-duties-to-my-child-with-sendisabilities"><span style="color: #990000;">website </span></a>and in a factsheet produced by lawyers Irwin Mitchell <a href="http://www.irwinmitchell.com/personal/protecting-your-rights/social-healthcare-law/the-children-and-families-act-2014/factsheets-and-template-letters"><span style="color: #990000;">here</span></a>.<br />
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Clearly, whether the Local Offer actually makes any difference to parents and their children will depend on both the willingness of local authorities to embark on consultation processes which produce genuinely accurate information about the services available and whether the Local Offer itself assists parents in accessing those services. It certainly cannot create services where none exist nor can it prevent services being cut. We are also concerned that health services such as speech and language therapy can sometimes be very hard to access because of their restrictive criteria about who therapists will see. We don't see how a Local Offer will help with this: in a nutshell, knowing a service exists does not mean a child can access it or that it will be any good. Although parents can take judicial review action to address some problems in this area, a judicial review of the Local Offer could not guarantee that any child actually gets the services they need.<br />
<br />
The Local Offer came into force this week. On 1 September, all local authorities were supposed to have published their Local Offer. More details about the legal requirements about publishing the Local Offer can be found on the barrister, Steve Broach's blog <a href="http://rightsinreality.wordpress.com/2014/09/01/the-strange-case-of-the-missing-local-offers/"><span style="color: #990000;">here</span></a>.<br />
<br />
Fiona Nicholson at <a href="http://edyourself.org/articles/localoffer.php"><span style="color: #990000;">EdYourself</span><span style="color: #e06666;"> </span></a>and <span style="color: #990000;"><a href="http://bringingustogether.org.uk/but-projects/true-consultation/local-offer-in-your-area/"><span style="color: #990000;">Bringing us Together</span></a> </span>have both produced information about compliance with the Local Offer. You can click on the links to access it. Bringing Us Together suggest that only about a third of local authorities had produced anything by 1st September.<br />
<br />
We think this is not good enough. However, we also think that the Government has railroaded through these changes with little time for the slow-moving processes of local authority and NHS bureacracies to adapt. So, we think that the Government should be asked to account for this poor rate of compliance.<br />
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We have, today, written to Mr Timpson to make him aware of the situation and to ask if the Department for Education will accept information directly from parents on this issue. Mr Timpson did, after all, make this promise back in July:<br />
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<i>"for authorities who are further behind the curve, I’ve made it my business personally to follow up on their progress".</i><br />
<span style="font-family: "Calibri","sans-serif"; font-size: 11.0pt; line-height: 115%; mso-ansi-language: EN-GB; mso-ascii-theme-font: minor-latin; mso-bidi-font-family: "Times New Roman"; mso-bidi-language: AR-SA; mso-bidi-theme-font: minor-bidi; mso-fareast-font-family: Calibri; mso-fareast-language: EN-US; mso-fareast-theme-font: minor-latin; mso-hansi-theme-font: minor-latin;"></span><br />
Hopefully, Mr Timpson will indeed do this.<br />
<br />
Our letter can be read <span style="color: #990000;"><a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4aDRSTG8tbUpMTEE/edit?usp=sharingThe%20LA%20must%20publish%20a%20Local%20Offer%20(LO)%20containing%20information%20of%20about%20all%20the%20services%20and%20support%20it%20expects%20to%20be%20available%20for%20children%20and%20young%20people%20with%20SEN%20and/or%20a%20disability%20for%20whom%20they%20are%20responsible.%20This%20must%20include%20any%20schools,%20colleges%20or%20services%20that%20the%20LA%20uses%20for%20children%20or%20young%20people%20outside%20the%20LA%E2%80%99s%20area.">here</a> </span>and we will post the response when it is received.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7539001391742187750.post-33290026500100047632014-08-20T04:54:00.000-07:002014-09-04T15:05:38.580-07:00The CDC responds: "the new reforms mark a real opportunity for change" but where's the evidence?We have been posting about our attempts to engage the Government's Strategic Reform Partner, the Council for Disabled Children, in open discussion about the evidence supporting the Children and Families Act (CFA).<br />
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You may remember that their Director, Christine Lenehan, had welcomed the CFA calling it an "important step to getting better outcomes for children and young people".<br />
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We wrote to Ms Lenehan about this in March asking her if she had any evidence to support this statement. We received a reply on 28 July. You can read more about this <span style="color: #990000;"><a href="http://educationalrightsalliance.blogspot.co.uk/2014/07/the-ncb-and-cdc-respond-to-our-letter.html"><span style="color: #990000;">here</span></a> </span>and <a href="http://educationalrightsalliance.blogspot.co.uk/2014/08/what-is-evidence-children-and-families.html"><span style="color: #990000;">here</span></a>.<br />
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We wrote back to Ms Lenehan as it seemed to us that she has not yet answered our question which related solely to the specific comments made welcoming these reforms. You can read our letter <a href="https://docs.google.com/file/d/0B9GzK_Pgp6B4YlpZYzR6djFxT1U/edit"><span style="color: #990000;">here</span></a>.<br />
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Ms Lenehan has promptly replied to this letter. Her response can be read <a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4ZUNHY2NBY2x4UlU/edit?usp=sharing"><span style="color: #990000;">here</span></a>. Ms Lenehan helpfully points out the reforms that the CDC has "championed" namely:<br />
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1.The 0-25 approach.<br />
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2. A joined up approach with parents, children and young people at the heart of the process, e.g. the Section 19 principles and the new legal duties on health.<br />
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3.The introduction of the local offer.<br />
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Ms Lenehan also notes the context of the reforms and one of the failures of the previous system, i.e. poor multi-agency working. She concludes:<br />
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<i>"We believe therefore that the new reforms mark a real opportunity for change and through our networks and partnerships we will be challenging government to ensure they deliver."</i><br />
<div>
<br /></div>
We believe this is a very long way from the 'root and branch' reform of the system promised at the start of the process and we note the continued failure to supply examples of any evidence to support the reforms.<br />
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We have written back to Ms Lenehan and you can read our letter <u><a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4TlNsekEwSkg0c0E/edit?usp=sharing"><span style="color: #990000;">here</span></a></u>. The main points of our letter are:<br />
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1. We see no <i>evidence </i>that the changes introduced by the CFA will make any discernible difference to most of the day to day struggles parents face. SEN issues still remain sidelined and the language of 'needs' and 'support' rather than equality and rights still runs through the legal framework. There has been no attempt to change the discourse or explore in any depth the reasons why the previous system was failing. This is a missed opportunity to create fundamental change.<br />
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2. Many of the most common problems faced by parents, including a lack of available provision, unlawful blanket LA policies, failure to specify and quantify etc remain untackled with parents left to police the system.<br />
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<span style="font-family: inherit; line-height: 17.633333206176758px; text-align: justify;">3. There has been no genuine attempt to gather evidence from pilots and use it to inform reform.</span><br />
<span style="font-family: inherit;"><span style="line-height: 17.633333206176758px; text-align: justify;"><br /></span></span>
<br />
<div style="text-align: justify;">
<span style="line-height: 17.633333206176758px;">4. </span><span style="line-height: 17.633333206176758px;">Parents have been faced with rhetoric rather than evidence. For example, the Government recently claimed that a report from its evaluators proved that parents felt <i>"more supported than ever"</i> and that <i>"the measures are already making a real difference to lives of children, young people and families"</i>, despite the fact that the report authors appear to draw no such conclusions, noting instead that the<i> "process appeared highly variable from case to case"</i> with the result that :</span><br />
<span style="line-height: 17.633333206176758px;"><br /></span>
<span style="line-height: 17.633333206176758px;"><i>"It was difficult to draw firm conclusions from the qualitative research findings due to the very wide variety of experiences reported by participants, and the complex web of factors influencing these experiences".</i></span><br />
<span style="line-height: 17.633333206176758px;"><br /></span>
<span style="line-height: 17.633333206176758px;">We thank Ms Lenehan for engaging with us as we think transparency and open discussion are absolutely essential. For this reason, we see no purpose in attending a private meeting with the CDC and have declined Ms Lenehan's invitation. We have, however, suggested that the CDC hold an open, public meeting about these changes in an attempt to present any evidence supporting the reforms and to engage all those affected by these reforms whose voices (for various reasons) may have thus far been excluded from the development of them. </span><br />
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Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7539001391742187750.post-88332542839938606312014-08-19T06:18:00.002-07:002014-09-04T15:06:03.325-07:00The Chief Executive of the RCSLT declines to discuss our concernsIn July, we posted about a letter we had written to the Royal College of Speech and Language Therapists' Chief Executive, Kamini Gadhok. You can read our previous post <a href="http://educationalrightsalliance.blogspot.co.uk/2014/07/speech-and-language-therapy-need-for.html"><span style="color: #990000;">here</span></a>.<br />
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We raised serious concerns about some speech and langauge therapy practices which appear to arise consistently all over the country. We noted that the RCSLT was planning to develop new guidelines in relation to SEN work and we asked for the opportunity to share our views. As far as we are aware, existing SENDIST guidelines do not cover important areas like the common law duty of confidentiality and in many cases assume that a SLT will be acting for a local authority and not the parent.<br />
<br />
We have now received a response and Ms Gadhok has confirmed we can publish it on our blog. The letter can be read <a href="https://drive.google.com/file/d/0B9GzK_Pgp6B4Nzd6VzNHSnZRcTA/edit?usp=sharing"><span style="color: #990000;">here</span></a>.<br />
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Ms Gadhok's response is profoundly disappointing and fails to engage with any of the questions we have raised. Further, Ms Gadhok completely ignores our offer to discuss these matters further and says instead:<br />
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<i>"The RCSLT will take account of the issues you have raised in the updating and development of RCSLT </i><i>specific guidance. However we are aware that, whilst we can provide guidance for the speech and language </i><i>therapy profession, some of the issues you have raised such as data protection need to have a shared </i><i>understanding across all professions and sectors."</i><br />
<i><br /></i>
Bizarrely, Ms Gadhok then says:<br />
<br />
<i>"For this reason, we hope that you will also contact other relevant organisations as you have already done </i><i>with the Council for Disabled Children and others."</i><br />
<div>
<div>
<br /></div>
</div>
<div>
We think this response is poor. We do not understand what this matter has to do with the Council for Disabled Children but perhaps the RCSLT or the CDC could explain further.</div>
<div>
<br /></div>
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We have written the following email to Ms Gadhok's PA and asked her to re-consider:</div>
<div>
<br /></div>
<div>
<div>
<i>Dear X,</i></div>
<div>
<i><br /></i></div>
<div>
<i>Many thanks for passing on this letter. </i></div>
<div>
<i><br /></i></div>
<div>
<i>We find this response deeply disappointing. Ms Gadhok has effectively ignored all of the points we have raised, including our request for a meeting to discuss these matters. Her letter seems to have conflated the very specific issues raised in relation to the conduct of speech and language therapists with the RCSLT's general role in the CFA reform process. We find this quite baffling. We did not write to Ms Gadhok about the RCSLT's role in the CFA process and we do not see how these issues relate to the CDC.</i></div>
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<i><br /></i></div>
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<i>Ms Gadhok also suggests that we have raised "matters of interest to [us]". However, the points raised should clearly be of concern to the professional body to whom they are addressed. They record poor practices and are supported by the experience of parents and parent groups. To refuse to engage on them at all is neither inclusive nor progressive and it is antithetical to efective [sic] patient engagement. We believe it also, potentially, contradicts one of the RCSLT's core "strategic objectives" (as stated in your last Annual Report) "to improve access and outcomes for service users". </i></div>
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<i><br /></i></div>
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<i>We note the comment that the RCSLT will be updating its guidance and we would like to know what the process for doing this will be. Will the RCSLT, for example, be taking legal advice on the guidance it provides? Will it be engaging parents? If so, we would like to be part of this process.</i></div>
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<i><br /></i></div>
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<i>We trust this email will be passed on to Ms Gadhok and we would ask her to reconsider her position on engaging with us. In the meantime, could you confirm that you are happy for us to publish this letter on our blog?"</i></div>
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Ms Gadhok has agreed to our publication of this letter but we have heard nothing more. We intend to pursue this matter further as we think engagement with parents is important even if the issues raised are 'challenging' to those involved and that it is not good enough to push comments like this aside.</div>
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We shall keep you posted.</div>
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Unknownnoreply@blogger.com0