Inclusion Now 48 by ALLFIE

Autumn 2017 Issue 48

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A voice for the Inclusion Movement in the UK

Contents 2

Editorial

Interview Christine Lenehan of CDC

Inclusion in Wales Parent Adele Rose-Morgan discusses her experiences

School visit Cressex Community School

Duke of Edinburgh scheme Sterre gets her gold award

Report from the UN Good news from the Committee on the Rights of Persons with Disabilities

Fair funding Report from Hackney

Anti-bullying week

Disability History Month Disability and Art

Legal Question Getting an EHCP

Editorial Welcome to October’s edition of Inclusion Now, packed with a range of informative and thought provoking items. This August the United Nations completed its inspection of the UK government’s record on disabled people’s human rights. For the first time the UN spotlight fell on our education system and Tara Flood visited Geneva to make sure ALLFIE’s voice was heard. On page14 you can read Tara’s account of what happened and how the UN’s final report will add force to our future campaigning. The UN’S concerns about high levels of bullying of disabled children and young people are picked up by Martha Evans on page 17. We also have an interview with Christine Lenehan, whose forthcoming report on segregated schools has additional significance following the UN’s criticisms of the UK’s dual education system. On page 16 Richard Rieser follows the money: showing the impact that cuts to funding are having on inclusion . Also from the grassroots, on page 6 is Adele’s account of her “inclusion journey”, struggling to get the right school for her 11-year-old son, Rhys. After so much struggling, it’s good to read a couple of articles where things are going well. On page 3, there’s a description of a visit to Cressex Community School: showing what can be achieved when a school’s leadership team have a strong commitment to inclusive principles. I especially enjoyed Sterre’s description of achieving her Duke of Edinburgh award: “This award is great because you work towards targets that you set yourself, so you only measure yourself against yourself”. To my mind that’s an approach our increasingly competitive and selective education system would do well to think about.

Mike Lambert, ALLFIE trustee Inclusion Now occasionally includes adverts for products, services, courses or events offered by other organisations. This does not imply that we endorse or support the products, services, courses, events or organisations concerned. Readers are advised to check details for themselves and make their own judgements. Inclusion Now provides an opportunity for the exchange of information. All the views expressed are not necessarily the views of ALLFIE, Inclusive Solutions or World of Inclusion. We reserve the right to edit articles. Contact ALLFIE for advertising rates and policy. Inclusion Now is also available in audio or text format via email - see subscription form on page 19. You can also search and view past issues online at www.allfie.org.uk/pages/inclusion-now.html

Policy and reform "a society where everyone matters" LLFIE recently met A Dame Christine Lenehan, Director of

Christine talked about her impressions: “I think the strongest thing that comes out of it is that this is not a planned and coordinated system. I think the worst thing for the children and young people is that they repeatedly fail and that they internalise that failure. When you ask the kids “why are you here then?” they say “because I got thrown out of this school and I got thrown out of that school and I couldn’t live at home and I couldn’t do this and I couldn’t do that” and they see that as belonging to them. What they don’t see is this is a system that failed you, they see themselves as being failures of a system.”

the Council for Disabled Children (CDC), which represents the national disabled children’s sector. We thought it would be an interesting time to talk to her as she has been working for the government on a review of residential special schools. Her report is due out in early winter. “The phrase we use at ALLFIE is that children are We asked Christine how the review came about. being set up to fail,” we commented. She explained her own motivation: “My first job as “Yes and I think that’s true. I think we saw a lot of a professional was working on long stay hospital that. The strongest thing that came out of that for wards in the 70s and 80s. So that me was just how powerful bullying really left an imprint on me. In is. We know that bullying is a really “One of the things that honesty I’d been trying to look at powerful dynamic but actually it shocked us was the amount residential schools for quite a long was SO powerful for these groups of children who should time, and that’s partly because if of young people. They were very have done really well in children are a long way from home positive often about the schools mainstream education and I want to know they’re there for the they were in because they were were not there because right reasons and in the right place the first places they hadn’t been reasonable adjustments had and getting the right outcomes.” bullied in.” not been made.” As well as some political She also feels the mainstream is background, she explained that the review was becoming less tolerant of disability, and that the partly triggered by her previous report this year on effect of much of the positive work on inclusion that children in mental health inpatient services. CDC did with ALLFIE, with similar organisations and There are 324 residential special schools and with people like Richard Rieser around the time colleges across the UK (“we can now tell you this, of the Disability Discrimination Act had been lost. we couldn’t before we started”). For the current “One of the things that shocked us was the amount review they visited 10% of these across the of children who should have done really well in Ofsted spectrum, from “outstanding” to “requires mainstream education and were not there because improvement”, and talked to young people wherever reasonable adjustments had not been made.” they visited. They spoke to local authorities and “One of the groups of children we saw were children looked at why some were placing a lot more children with autism, who were bright, able kids who were out of the area than others. And they put out a call going to get 5 A to Cs, or they should have done, for evidence, receiving around 130 responses but people were just not making the adjustments. from parents and other people, including from us People were expecting them to be different than at ALLFIE. At the time we met, they were digesting they were. They were young people with autism in what they had found.

Policy and reform massive schools without safe spaces. Often they would come out of that because their mental health wouldn’t cope, they’d get very anxious about it, or again they would do something, usually to do with behaviour, that would take them out of the school, and the minute they did that the future for them in terms of success would start to go down fairly quickly. Yet we know for many of those people fairly basic reasonable adjustments in schools can meet their needs.”

school exclusion, difficulties with their social care package or family breakdown, she was clear that local authorities were experiencing problems with capacity due to a bulge in the child population, and also lack of expertise which was often about poor planning in the system. “The best local authorities plan. They understand who their children are, they’ve got really good data, they understand place planning. Local authorities that are in more trouble just react: ‘Oh my god, what have we got to do When ALLFIE submitted evidence to the review we here?’ Some of that is to do with the fact a lot of were struck by how much people’s stories reflected their staff have gone [due to cuts], but some will just always be better than others.” huge forces which have shaped their lives negatively and left them feeling quite powerless, and we asked Christine what she thought those forces were.

We also discussed why some parents actively seek residential schooling for their child. Christine had found that some, particularly parents of autistic children, thought specialist “We’ve now got this huge array of provision such as the “24 hour different ways of running education waking day curriculum” would give whether it’s free schools or their child the best chance in life, but academies or local authorities. What there was also a group of parents we don’t seem to have behind that who struggled with their child’s care is a set of standards for all children.” and found residential schooling She also identified that this had more acceptable, believing that it created a challenge in the system would meet all their child’s needs, about who provides specialist rather than leaving them to battle services, such as peripatetic hearing impairment teachers, and who pays for them, where they were with separate authorities themselves. previously the responsibility of the local authority “We’re trying to untangle these things because and a shared resource for all local schools. they’re difficult. Families should get choice, they Then the diversity of schools can lead to should be able to choose lives for their children, discrimination. “It appears that some chains of they should get the very best. But is the very best schools are excluding and other chains of schools you want as a parent the very best you want as aren’t. When there’s that narrow attitude of ‘how a child? Are they things that we have really good do I meet my targets? Well I don’t take children conversations about? I’m not necessarily sure they who aren’t going to hit them,’ then actually that’s are. And if we decide we’re going to fund these children at this cost and we take it out of the local fundamentally wrong.” system, are we then putting less money in the local She also cited cuts to NHS services and social care, system for more children? I think there are some and not just education: “People have retreated really difficult dynamics behind this.” back into their silos. The NHS does only what it has to do, schools only do what they have to do. The The report had not been written when we met children we represent need really good creative so Christine couldn’t tell us exactly what her joined up commissioning. We wanted to be clear recommendations would be, but she did define for us what a good inclusive education system would that austerity bites.” look like for her: “I’m not saying it was perfect As well as individual factors which triggered a before, but I think we have moved away from a good child being sent to residential school, whether a inclusion system and I think one of the things we

Policy and reform will want to recommend back to government is an inclusion strategy. I think a good inclusion system is an education system that sees its purpose not solely about academic achievements, although I’m not saying that’s not important, but about educating children to be part of a whole society where everyone matters. I think we have got a system that’s become increasingly narrow about defining a cohort of children that succeed, and if you define a cohort of children that succeed you in effect define a cohort of children who fail. There are some really good inclusive schools. The quote always in my head is from a head teacher from a school in the North East. ‘We may be an 800 place school but we have 800 individual children with 800 individual sets of needs and a good school meets 800 individual needs.’”

them. So you’d have one disabled person in an able-bodied environment and isolate them entirely, because actually they wanted to talk to people who shared the same views, who shared the same challenges. There’s something about how you build those friendships and those worlds without saying the answer is to put all the disabled people in this environment and they can all talk to each other.”

However she also felt there was a balancing act to get right. “One of the things we got wrong when we closed hospitals and introduced inclusion is we forgot that people make friends with people like

Yewande Akintelu-Omoniyi

We also asked how CDC could enable children to understand that they have rights such as the right to mainstream education, and Christine explained that just telling people about rights is not enough – children and service providers need to understand how these work in practice, so CDC have produced toolkits for practical activities, and worked with a theatre company acting out some of those situations. “You’re the essential grit “One of the challenges we wanted We were also interested in how in the machine. One of to bring out in the review is that she felt about the challenges of the things I’ve learnt in assumption that because a representing a sector which has my career is the need to decision was made at 9 that your often very mixed views. “I think learn from disabled people child should be in this school does we are on a road to citizenship for about their experiences.” that mean they’re there till they’re young people. I don’t think we’re 18? Should we see more children anywhere near the end of that going for what is needed and coming back again?” journey yet. And I think each generation that comes The review may propose that residential education along has to challenge for the next. Organisations should function more as a system of shared like ALLFIE, because they have disabled people expertise, which a child attends temporarily with at their heart in a way we don’t, are part of that the aim of assessing them and returning them to challenge. Looking forward I think we will keep falling their community with a package of support. “One of out with ALLFIE and I think it’s a really important the other things that happens to children is when thing that we do, provided in the end what we have they move away and then become young adults is a constructive dialogue. You’re the essential grit they have real issues about friendship groups and in the machine. One of the things I’ve learnt in my circles, so should we assume that going away is for career is the need to learn from disabled people the whole of your childhood or should we ask some about their experiences. I recognise regularly the questions about that?” frustration of the disabled people’s movement that “One of the most frightening things about the first things do not seem to progress in the way they review that I did was watching children come out need to and most of the time that frustration is of their community at nine, ten, eleven, twelve and one that’s shared. I might regret this but I would never returning.” She was uncomfortably reminded encourage organisations like ALLFIE to keep being of her past work in long stay hospitals and that frustrated and to keep pushing us to move and to era’s attitude that removing disabled children change.” permanently from society was “kinder for them”. Jess Cahill &

Any comments? This article is on our blog where you can have your say: www.allfie.org.uk/blog

Parent voice inclusion - a welsh perspective

Tara Flood talks to Adele Rose-Morgan about life with her young son, Rhys Tell us about you and your family, particularly Rhys and the difference he has made to your life. Rhys is 11 and has two older siblings, Abi, 19, and Scott, 17. Before Rhys was born we were a fairly ordinary family. For the first year of his life things seemed fairly typical. Then we noticed he wasn’t reaching his milestones. Our journey from then on hasn’t been that typical. Our stress has mainly been born out of engaging with services and organisations that are there to support you. Rhys has always been a delight to all of us and continues to be. He is great company and makes us laugh. I feel that he has really helped my older children feel more secure and loved too. He completes us! often parents, without knowledge, accept what the professionals tell them. Also I have found if a child has a learning disability they do not matter My training and background was teaching adults to the system. If a child can achieve A-C grade at with learning disabilities and I was trained during GCSE and has good school attendance then they the ‘All Wales Strategy’. After having a child with matter. At special schools they aren’t given the additional needs I have been frequently shocked at same constraints – this is great in that they don’t the lack of value placed on children with disabilities! have the pressure but not great when it comes to I find the system disables children and doesn’t allow standards and charting progress. children with disabilities to reach their potential – Initially Rhys had a very late diagnosis of deaf thus a very unequal and challenging path! due to diagnostic overshadowing, where the Why do you think it has been important for Rhys to paediatrician felt Rhys’s lack of speech was due be included in mainstream education? to Global Developmental Delay. When we were told Including children with difference benefits Rhys was entitled to the top allocation of speech everyone. The children with additional needs have and language therapy of twelve hours per year we good role models, whether it be speech, behaviour were delighted, as at five he had had less than a etc. Placing all children who cannot access handful of sessions and was allocated six hours mainstream education together in a separate place per year! When we asked for the twelve hours to be will emphasise difference and ensure a segregated written into his statement it was refused due to his life with ‘their own kind’. When all children occupy overall learning ability which led us to tribunal. Rhys the same space the mainstream children learn won 24 hours of therapy with more follow up time about difference. These children will be the decision on top. This took another two years to be properly makers of the future and can change the future for in place which has been upsetting. children with disabilities! Also we get the sense that although he has What have been the challenges? severe/profound sensory neural hearing loss, the The biggest challenge has been the lack of training professionals want him in a learning disability of professionals with regards to inclusion. Inclusion setting with a watered down deaf intervention. means many different things to professionals and Mainstream schools have a lot of targets to achieve As a parent of a disabled young person, how has your thinking about disability changed?

Parent voice I would tell them to read up on the UNCRC and UNCRDP. Realise your child’s right to be included as a human being. Expect high standards from professionals and keep reminding them of your child’s rights and the social model of disability. Don’t be surprised when you get a blank look! Often they have never heard of this or need time to process it in the context of how they provide services for your child. It will not fit into the system they are expected to skip to! Inclusion is more than placing children From a parent’s perspective what does education in the same space as more typically developing children – inclusion is about valuing all children law in Wales say about inclusive education? enough to provide high quality teaching for all. At the moment we still have statements in Wales but this is soon to change. Statements only provide What are your hopes and dreams for Rhys’s future? some reassurance for a child’s education. Even Rhys’ future is uncertain due to his degenerative with a statement a child may not be able to reach deaf/blind condition. We do not know when it will potential because assessments are based on happen. I wish for him to continue to be content budgets and appropriate interventions are rationed. and happy. I wish for him to have a life of belonging Access to assessments is not timely either. These to his local community so that when the inevitable things impact on a child’s potential greatly! The happens he will have loads of connections with new individual development plan proposed in the people. He likes to be of use – this is why we strive to Additional Learning Need Educational Tribunal get him as upskilled as possible so he can achieve. (Wales) Bill will widen legislative protection but cuts I want him to feel fulfilled in whatever he does, the and the fact that schools now manage much of the same as I wish for his brother and sister. Rhys loves budgets for special education are already affecting to help and wants a job when he gets older. His children with SEN. The bodies making decisions dream at the moment is to be a policeman. talk in terms of there being mainstream pupils Lastly we were wondering if Rhys could say and then the children who need special schools, something. If he wants to? segregated in another part of town. As mainstream schools are finding their funding dwindle, as Rhys loves his life! He loves school and having lots targets for mainstream schools are getting more of friends. He loves drama class and recently got inaccessible for children with needs and more his silver award for being with the drama group for schools are turning away children who need extra two years! He swims and has his 400m certificate support citing inability to provide, local authorities for that, and other skill badges. He loves riding are filtering them into special schools which are full. his bike, especially going fast!! He loves his family The answer is to build more very expensive special and misses his brother, sister and dad whenever schools. Nobody seems to be looking to improve they go away. He is also the resource to mainstream schools or challenging a member of Mumbles the targets schools have to adhere to which make cub troop. He especially them inaccessible. Children with additional needs loves ice cream - in fact do not matter to the mainstream system - they are there is very liitle about separate #notinmybackyard #outofsightoutofmind life that Rhys doesn’t enjoy, he loves every The Welsh Government adopted the social model ounce of it, absorbs it of disability over 15 years ago but you are unlikely like a sponge and gets to see this in any of their policies, laws or systems! so much from each What advice would you give other parents starting minute – we all have a lot to learn from him! on the inclusion journey? which affects their ability to focus on children with additional needs. The children who are not ticking the boxes are sidelined to special schools. No proper training is given to teachers, who are expected to recognise symptoms and refer children. Then there is rationing of educational psychologists so that only the pupils creating the most difficulties to the system get assessed. Also rationing of speech and language therapists who are essential for loads of children with additional needs.

School visit Cressex School, a cooperative ethos t is difficult to find a school which breaks the mould and offers an alternative agenda to the competitive market culture that is currently sweeping through the education system. Such schools usually fill their websites and glossy school brochures with images of diversity and statements of inclusion yet in reality exclude and reject individuals based on the assumption that it is ‘their’ fault. It is easier to lay blame with such individuals rather than challenge their own underlying attitudes, practices and procedures.

Cressex Community School has its fair share of challenges, some of which are to develop its sixth form provision, ensuring students get comprehensive feedback, managing behaviour, and working at effectively managing their mental health support. The school is embedded in an extremely selective local authority, operating an 11+ examination system within which children are typically subject to either being ‘winners or losers’, although there are parents who opt for their children not to take part in such a divisive examination.

Cressex Community School, a mainstream secondary school in High Wycombe, challenges this exclusionary ideology, as we experienced during a recent school visit. Its motto is “high achievement for all is our shared responsibility”, and it espouses a cooperative ethos, being part of a larger Cooperative Learning Trust.

During our visit, we were welcomed into a Year 6 induction session for approximately forty students starting in September. This session involved students identified as having SEN from primary feeder schools. The morning induction group we observed were exploring science; students were working in small groups with the support of current Cressex students who themselves had identified support plans. We discovered preliminary work had been carried out with the school’s SENCO who had visited the feeder primary schools. Like many Learning Support teams, some students had English as an Additional Language (EAL), catering for over 30 languages. Behind the scenes, the SENCO had met parents, building trust and confidence. Where EAL crossed with issues of support, particularly relating to mental health difficulties, the school often struggled to get both sets of needs met in a joined up way. There was an impressive community commitment to student voice and the development of reciprocal friendship groups. We welcomed the SENCO’s honest and open appraisal of her own commitment and a genuine frustration about finding a solution to supporting students who it is often claimed require ‘one-to-one supervision in a nurturing, quiet environment’.

On arrival we were immediately struck by the accessible space and the welcoming attitudes of the students, staff and a school governor. David Hood, the Headteacher, greeted us and had planned a busy day. Historically, Cressex Community School has a chequered past of struggle and has over time developed a positive community presence built on mutual engagement. What was refreshing was that each of the senior staff we met shared a commitment to the school’s values of ‘openness, honesty, social responsibility and caring for others’. The school had an impressive committed learning support team (the SENCO later told us that they are ‘committed people who do more than just “tick the boxes’’’), with Learning Mentors, Student Support Officers, and Teaching Assistants. Approximately a fifth of the school population had Education, Health and Care Plans, over two thirds were identified as having English as an Additional Language, two fifths were on Pupil Premium, and most of its students Interestingly, and quite by accident, we spoke to a are of a Pakistani background.

School visit different ways the learning support team had made reasonable adjustments. There was a real sense from the students of enthusiasm for learning which was being transformed into pursuing their aspirations. One of the students described the support she received when “she did her work, going outside, and school clubs – especially the sport club.” (Alison) Another student stated that that the school is “a good environment, a good community, everyone socialises, there’s great respect in the school, people treat you in the way they’d expect to be group of parents who were visiting the school with treated, and the teachers are fantastic.” (Safdar) their children. These parents shared their previous struggles and frustrations with trying to secure In contrast, their earlier schooling experiences support for their children. One parent told us about were markedly different. One of the students said her daughter’s issue with a primary school which that one teacher in his primary school: lacked understanding about making reasonable “didn’t get where I was coming from, and thought adjustments (requiring large print). This experience I was doing things wrong on purpose, and trying unfortunately is still typical and one that usually to skive, not do the work which had been a bit of a escalates into the parties being at loggerheads. struggle.” (Steven) Later we had an opportunity to meet the Deputy Headteacher, who is responsible for attendance and behaviour. What was again impressive was his commitment to working with the local community. There was a concerted whole-school approach to managing behaviour, and a recognition of the need for effective support. In response to financial constraints and cuts, the school had chosen to keep the leadership team small rather than cut learning and support staff, even though there are continuing pressures to increase student numbers. Of note is the personal contact the Deputy Headteacher has with families within the local community. There was a real concern about ensuring the cooperative values included democracy, solidarity, and equality and equity. There was a recognition of continuing work around promoting disability equality and removing barriers to participation, particularly within a community where disability, ethnicity, and religion can be not only all equally and collectively relevant but are equally welcomed and celebrated. Indeed, there was a recognition of moving towards a greater diversity of disabled people. Talking to four students about the support they received, each shared specific details of the

As the visit was nearing its end, we had an opportunity to speak with Katy Simmons, who is the Chair of Governors. Katy shared her earlier experiences, describing the ‘old’ school as being: “draughty, inaccessible and the kind of school to which nobody wanted to send their children.” (Katy) Things have certainly changed: there was a clear ethos, with students acting as ‘associate governors’ contributing to this transformative change of realising the values and struggle for inclusion. What we experienced in visiting Cressex Community School was the difficulties facing schools seeking to serve their communities. Whilst government’s educational policy continues to advance its selective and competitive agenda, this school offers an important reminder of what shared community values can mean. It is not any one individual who carries this agenda, but a shared philosophy and commitment to the values of social responsibility, equality and social justice.

Navin Kikabhai We would like to sincerely thank the students, parents, SENCO, Deputy Headteacher and Headteacher for inviting us to the school, and sharing their experience with us.

Young person’s voice sterre goes for gold Sterre Ploeger takes inclusion to the next level as she completes her gold Duke of Edinburgh award. By Sterre Ploeger and Hannah Facey. Sterre: I went to Buckingham Palace to see the Prince. I got my certificate and everyone clapped for me. I was happy.

Sterre: I worked at a Garden Centre. I watered the plants. I liked feeding the chickens and meeting people.

Sterre has been working over the past two years For her volunteer section Sterre for her Gold Duke of Edinburgh award. This award had to volunteer every week for is great because you work towards targets that you twelve months. Sterre worked at set yourself, so you only measure yourself against a garden centre. At first Sterre yourself. Sterre put a lot of work in and was able to achieve her Gold Duke of Edinburgh before she wasn’t used to getting her hands dirty, or to move around whilst holding the hose or watering can. turned 26. Over the year Sterre improved these skills and was Sterre: I went swimming able to do it really independently. with Ellen. We swam in the Olympic park. It was difficult. I swam really fast. I swam six lengths. I swam until my lips went blue! For her physical section of the award Sterre had to do a sport regularly for six months, set targets and show improvement. She managed to swim whole lengths in the Olympic pool without stopping and achieved her 200m award without stopping to rest. She was timed each week and could see that she managed to swim faster. Sterre: I went on a horseriding holiday. I did my level 1! My horse was called Fudge. I groomed the horse. I met lots of people. For her Residential section Sterre had to go away from home for a week with people she didn’t know and learn a new skill. Sterre chose to go on a horseriding course in the Lake District. There she achieved her Horseriding RDA Level 1 and Horse Care Level 1. She was assessed on her riding and also naming all parts of the horse. She rode with a good seat through the Lake District and was able to go up and down steep parts of the hills without losing her balance.

Young person’s voice This was probably the most challenging section for Sterre as she had never done anything like this. She slept in a tent for a whole week, not allowed to go inside or she would fail! She cooked her own food on a gas fire and travelled 10 km with her group each day. She used a wheelchair only when really exhausted, walking much more than we had ever seen her walk. She always walked independently with the other group members rather than her PA. She had to mapread and answer questions for assessment throughout and did an assessed presentation at the end of the week. Sterre: I did drama with Act Up! I did the lines from the script using signs. I taught all the people signs and all the people used signs in the show. I made poems for the show using signs. For her Skills section Sterre had to set targets to develop her skills in some way over eighteen months. Sterre worked to improve her drama skills with her theatre company Act Up! Newham. Sterre got more involved in writing for shows – making poems using signs which involved all the actors in the choruses. She became so independent in signing long monologues on stage.

Sterre: I liked the Duke of Edinburgh because I worked hard and got a certificate. I met lots of people and made friends and was happy. I was proud because everyone clapped for me. I had a big party and lots of people came to my house. All the people talked about me and said I was very good. All the people watched a film about it.

Sterre: I went walking in the forest. It was difficult. We slept in tents and we cooked. I met lots of people and made lots of friends. It made me happy. For her Expedition section Sterre had to go on a practice expedition for two days and one night and an To see the Youtube video of Sterre’s Duke of Edinburgh Award assessed expedition for four days and three nights. go to http://bit.ly/2hlq8UO

Human rights A "Human catastrophe" UN critical of UK government approach to disabled people represented in Geneva, including the Department for Education (DfE), which was important because the committee asked lots of questions related to Article 24: Right to Inclusive Education.

or the last few years it has felt at times like F we have been bashing our heads against a very strong and hostile government brick wall determined to drown out the voice of the inclusive education movement, with government rhetoric about parental “choice” and raising academic standards .

And then, only last month, we discover that the world has been listening and better than that – has seen through the nonsense spouted by this government in the name of austerity and greater autonomy for education providers. In August a group of disabled people’s organisations (DPOs), including ALLFIE, went to Geneva to listen to the UK government being interrogated by the UN Committee on the Rights of Persons with Disabilities – six hours of questioning split over two days.

To date the government has produced no evidence to show how it is meeting its Article 24 obligations to build a fully inclusive education system. In truth the government has done everything that it can to reverse any progress towards inclusive education. The government’s own statistics show that the numbers of disabled pupils and students with Special Educational Needs in mainstream education have declined year on year since ratification. Bizarrely, when questioned about the decline in the numbers of disabled pupils in mainstream, DfE reps claimed that 98.6% of disabled pupils and students are included in mainstream education (we have since submitted a Freedom of Information request for a breakdown of this figure). The UNCRPD Committee published its Concluding Observations document a week after the scrutiny and it is damning of the government’s track record on human rights – not just on education and Disabled children but across all issues. The key issues relating to Article 24 include: • The persistence of a dual education system that segregates children with disabilities to special schools, including based on parental choice; • The increase in the number of children with disabilities in segregated education environments;

This is the first time that the UK government has been scrutinised by the UNCPRD Committee since ratifying the convention in 2009 so it is an important • The education system is not geared to respond to the requirement for high-quality inclusive benchmark for the future. Any government that education; in particular the practice of school ratifies a UN human rights treaty is then regularly authorities declining to enrol students with scrutinised by the related committee to review disabilities who are deemed ‘disruptive to other implementation of that treaty. classmates’; and During the scrutiny session the UK government claimed to be a ‘world leader in disability issues’ • Education and training of teachers in inclusion competences does not reflect the requirement which was challenged by a number of the committee for inclusive education. members. Most government departments were

Human rights In many of the DfE’s responses to Article 24 questions, parental choice was used as a defence to the government’s non-compliance with the convention, that special schools exist because ‘that’s what parents want’ – not a single mention of the cuts to local SEND support services or disincentives in the education system that discourage mainstream schools from admitting disabled pupils or the extra government money being ploughed into segregated provision. Thankfully this was picked up by the Chair of the Committee, Theresia Degener, who stated that ‘inclusive education is not a choice, it is a human right’.

in contact with children understand the concept of inclusion and are able to enhance inclusive education.”

ALLFIE has taken a lead on both these articles both in preparing for the scrutiny sessions and also the drafting of the ROFA (Reclaiming Our Futures Alliance) Shadow Report earlier this year. We also prepared a briefing for those committee members who have an interest in education issues. This was a good move because the committee members from Hungary, Lithuania and Russia used questions suggested by ALLFIE during the scrutiny sessions.

evidence they had received from Disabled People’s Organisations (DPOs) – over 2000 pages showing the scale of the government’s disregard for the convention and disabled people’s human rights in general. DPOs were hailed as the genuine ‘world leaders’ for their efforts in bringing to light the injustices and human rights violations inflicted on disabled people in the UK.

The Concluding Observations don’t pull any punches when it comes to highlighting the numerous and systematic breaches of the convention. The examination was declared by the UK rapporteur Mr Stig Langvad, to be “the most challenging exercise in the history of the committee”. Mr Langvad raised deep concerns about the UK government’s failure to implement the rights of disabled people in all areas. This was also highlighted by Ms Degener’s concluding remarks on the second day of the The Committee also highlighted real concerns about scrutiny, when she described the government’s the lack of progress on Article 7: Disabled children, current approach to disabled people as causing “a and in particular the government’s human catastrophe”. failure to address the high levels During the scrutiny session of bullying of disabled children and committee members repeatedly young people. highlighted the huge amount of

And so what now? We have an incredibly useful campaigning document in the Concluding The Concluding Observations document is full of Observations both in the strength and clarity of the incredibly helpful recommendations. We are really recommendations and also the clear requirement pleased to see that the UN Committee have taken for government to find more effective ways to work particular issue with the increasing segregation of with organisations like ALLFIE to realise the human disabled children and young people and so many of rights set out in the convention. the recommendations are linked to this issue. For Our work now is to focus on challenging the example Recommendation 53(a) states that the government to take its convention obligations government must: seriously, particularly Article 24. For ALLFIE our “Develop a comprehensive and coordinated campaign work continues but with renewed energy legislative and policy framework for inclusive and now with the force of the world alongside us! education, and a timeframe to ensure that mainstream schools foster real inclusion of children Tara Flood with disabilities in the school environment and The Concluding Observations are at http://bit.ly/2eIcNp3 teachers and all other professionals and persons

News fair funding - the hackney experience eadteachers are being forced to implement school cuts in England, the bulk of which will hit school support for disabled pupils and those with SEN, behaviour support workers, teaching assistants and individual support teachers, damaging the chances of successful inclusion. The campaign waged in the run-up to the election has led to a partial climb-down by the government, but they are still intent on redistributing money from the schools most in need. The need to redouble efforts and keep campaigning is obvious.

schools getting more money and some losing cash per pupil in real terms. Under the plans, the new formula would only be indicative for its first two years in 2018 and 2019, with local authorities getting discretion in how to distribute the money during that time. The bulk of the cash will come from an unidentified £600m of new cuts to the central Department for Education budget. A further £200m will come from the free schools’ budget by building 30 out of a planned 140 as local authority schools instead. Greening will also take £420m from the capital budget for building and repairs, It is estimated that the NUT Campaign Against mostly from the “healthy pupils” funding for sports Education Cuts added 800,000 votes to Labour facilities and wellbeing. This is not new money, in the run-up to the general election and was one which is needed to resolve the issue. Poorly funded of the main reasons Tory MPs lost safe seats like schools need to be levelled up to the funding of the Canterbury. The NUT website, schoolcuts.org.uk, best, not cut. In Hackney, due for a cut of 23%, four showing the combined effects of public meetings were addressed by the 8% cut in real terms funding “The likelihood, without parents, headteachers, teachers due to rises in pension and National a change of government, and councillors. The parent-led Insurance contributions and the is that it will become Hackney Fair Funding for All Schools apprenticeship levy, combined with harder and harder to held a hustings with six big parents’ the effects of a new funding formula, get disabled children assemblies, and banners outlining showed nearly every school was a properly included.“ the cuts hung outside many loser. 18,329 schools in England schools. There was strike action would lose out. The primary average cut was £86,951 or £338 per pupil and secondary against compulsory redundancies at Parkwood average cut was £370,298 or £436 per pupil. Primary, the Central Inclusion and Special Support This campaign was supported by the ATL (merging Team, Our Lady’s Convent, Stoke Newington and with NUT from September), the NAHT heads’ B-Six Sixth Form Centre. In all cases compulsory union, Unison, Unite, GMB and most importantly redundancies were avoided. But non-replacement many parents’ groups. After the election, Justine of vacant posts means increasing workload and Greening promised £1.3bn funding for schools in less support time for individual children. Although England to head off a Conservative revolt, raiding Hackney schools have improved dramatically due the budget for free schools and new buildings to to good staffing, Hackney still excludes more pupils than any other London Borough and needs to keep pay for the rise. She said schools would get the bailout over the its staff.

next two years, after complaints from Conservative MPs that failure to deal with concerns about struggling schools cost the government its majority at the election (Guardian 17th July 17). In a partial compromise, Greening also announced a delay in full implementation of the controversial new national funding formula, which means some

The likelihood, without a change of government, is that it will become harder and harder to get disabled children properly included. The answer is organising staff and parents to be proactive locally and to fight politically for funding of inclusion for all children. This means an increase in the percentage of GDP spent on education.

Richard Rieser 14

Events Disablist bullying the UN has spoken - but what now? t the Anti-Bullying Alliance (ABA) we were A delighted to see that the United Nations recognises the significantly high levels of

bullying that disabled children and young people and those with SEN experience at schools in the UK. Research in 2014 by the Institute of Education1 found that disabled primary school pupils and those with SEN were twice as likely to be bullied as their non-disabled peers. Those with ‘hidden’ impairments seem to be most at risk with eight out of ten children with learning disabilities experiencing bullying2 and Bancroft (2012) found that unfortunately 63% of young people with autism have been bullied at school.

ABA works on the government funded All Together programme with the primary aim of reducing disablist bullying. When we first started developing the programme, we came across a common phrase from school staff: ‘They wouldn’t bully him/her if only they didn’t…’. It ranged from things like ‘if only they made friends better’ or ‘if only they didn’t chew their sleeve’ or ‘if only they didn’t make that noise’. It was clear the emphasis in responses to bullying of disabled pupils was more about changing the victims’ behaviour than challenging the behaviour of those doing the bullying. This realisation has changed the way we work. We started to introduce a ‘social model’ approach to anti-bullying strategies. This strategy says that responses to bullying should never focus primarily on changing the behaviour of the child experiencing the bullying and that schools should ask themselves ‘what are we currently doing as a whole school that puts children at a greater risk of being bullied?’ – this approach combined with a whole-school, senior leadership-led approach to anti-bullying has started to see really positive results. The reason a person is bullied is never down to their characteristic. Someone isn’t bullied ‘because they are a disabled person’ they are bullied because 1

http://bit.ly/1jCLFAJ

http://bit.ly/2xIqn5G

of the attitude of the perpetrator and a lack of a whole-school approach to dealing with it. We are delighted to see the focus of the UN on bullying in their recent report about the UK. We hope to work closely with the government to ensure they learn directly from young disabled people and that they look at the success of our All Together programme. We cannot relinquish the pressure on government to focus on the disproportionate number of disabled young people experiencing bullying in schools. We know young people who experience bullying are more likely to be excluded, leave school without qualifications, experience mental health issues in adulthood, be homeless, be obese, experience and perpetrate domestic violence and not be in a stable relationship. No longer can we accept that bullying is a rite of passage. We must challenge schools, society and government to do more to stop bullying especially for those who experience it most, disabled young people. This is why we are using Anti-Bullying Week this year to celebrate what makes us all different and all equal. Where young people feel empowered to stand up and say no to bullying and feel they have a right to a safe environment when they go to school and not experience harassment and/or violence. For too long we have been hearing from disabled young people that they feel they should put up with it because they are disabled. We need to send a collective message that this is not the case and no one should have to experience bullying at school. Anti-Bullying Week 2017 is from Monday 13th November – Friday 17th November 2017 with the theme ‘All Different, All Equal’. Find out how to get involved at www.anti-bullyingalliance.org.uk. To sign up to become an All Together School, for free, visit www.anti-bullyingalliance.org.uk/alltogether

Martha Evans

National Coordinator, Anti-Bullying Alliance

Events UK Disability History Month this autumn is on the theme of

Disability and Art rom earliest times having an impairment F has been part of the human condition. The urge to portray, draw, paint, carve, sculpt our

illuminated manuscripts and church windows, then in oils, then the more widely distributed prints. Miracle cures of blindness and lameness feature existence is also an essential part of being strongly. human, illustrating the fundamental human In the Enlightenment desire to communicate and make art as a way (C18th) we begin of understanding ourselves and our place in the to see pictures of world. How these realities interact is the theme disabled people based of this year’s Disability History Month on their notoriety or

Bes

Several of the carvings in the British Museum Ice Age exhibition showed representations of disabled people 40,000 years ago. Many ancient Egyptian representations show gods such as the diminutive Bes, God of dreams and dancing or the high ranking Seneb, also a short person. From Mesopotamia to Egypt

votive offerings were made, showing or describing impairments which people wanted to be rid of. Ancient Greek pottery represents the tales of blind Homer eg Odysseus escaping blinded Polyphemus’

Seneb

cave clinging to a ram, or the club footed God, Hephaestus. Much of the representation of disabled people for the next 1700 years was to do with the visual interpretation of Biblical stories first in Odysseus escapes Polyphemus

‘freakishness’. These would include Duncan Campbell the Deaf fortune teller (16701730); Thomas Inglefield ( b 1749), the artist with short arms and legs or Swedish Magdalena

Rudolfs Thuinbuj (b 1612) with no arms. The etching shows her capable of performing all domestic tasks. Many more famous artists were themselves disabled for some or part of their careers. Given the negative stereotypes, they mainly concealed their impairments but they often impacted on their work. Michaelangelo Magdalena Rudolfs Thuinbuj and Leonardo Da Vinci are now both thought to have been on the autistic spectrum which may explain their prodigious output. Rembrandt had an astigmatism, clear in his more than 30 selfportraits. This gave him a visual advantage in his large tableau paintings. Goya had deafness and Michelangelo

Events depression which partly explains the shift from court painter to his ‘Black paintings’. Frida Khalo had polio as child and at 19 a serious motor accident leading to back and leg problems. Along with her socialism and love of native Mexican culture her impairment became the main palette she worked on. ToulouseLautrec had a congenital Frida Kahlo condition which led to his short stature and malformed head, a major factor in him becoming a great artist and then drinking himself to death. Edvard Munch and Van Gogh were just a few of the many artists with mental health issues that inspired and eclipsed their work. Monet and several other impressionists Toulouse-Lautrec’s “Marce;l;e Lender Dancing the Bolero had visual impairments which played a major part in their work. Georgia O’Keefe became blind, instructing helpers to complete her paintings. UKDHM is producing a timeline of all the above and more with many educational activities.

Otto Dix, “War Cripples”

up, based explicitly on social model thinking and empowering disabled people to self representation. Working with Shape Arts, UKDHM have helped produce four animations and activities which are part of the National Disability Archive and Collection (NDACA): http://ukdhm.org/disabilityarts-movement-in-uk. UKDHM are holding a day workshop on the above. Saturday 21st October 2017 for teachers, lecturers and others. To book a place (£20) contact rlrieser@ gmail.com. Broadsheet and online materials available in October for November/December.

Richard Rieser www.inclusive-solutions.com

In the late 1970’s and 1980’s the disability arts movement grew Vincent Van Gogh

Nottingham Community Circles

Legal question have been in touch with my local authority seeking an Education, Health and Iassessments Care Plan assessment for my child, but they say their eligibility criteria for EHCP do not include my childâ&#x20AC;&#x2122;s impairment and even if it did we would have to wait until April 2018 for the start of the new financial year because of limited resources and budget cuts. Can the LA exclude particular impairments/ health conditions in its assessment criteria and can they delay an assessment using lack of resources as an excuse?

he local authority must conduct an Education Health and Care Needs Assessment (EHCNA) if they consider that a child has or may have special educational needs and it may be necessary for special educational provision to be made via an EHC plan. The Children and Families Act 2014 sets out when a child has or may have special educational needs and they would likely fall within the definition if (1) they have a significantly greater difficulty in learning in comparison to the majority of other children who are of their age and or (2) they have a disability and that causes difficulties for them in using the facilities that are normally provided for their age within mainstream schools.

request. If the local authority determines that an EHCNA is needed then they must complete the assessment in a timely manner. If following the EHCNA the local authority decides not to issue an EHC plan they must inform the parent within a maximum of sixteen weeks from the date on which the EHCNA request is received. If an EHC plan is going to be issued the final version must be issued within a maximum of twenty weeks from receiving the EHCNA request. There are certain factors that could delay the EHCNA process. These are set out in law and include; appointments being missed, the child being away from the area for four weeks or more, exceptional personal circumstances affecting the child and or parents, and educational setting being closed for four weeks or more. The issue of a lack of resources is not one of them and The local authority cannot exclude particular so the local authority cannot rely on this as an impairments or conditions and must consider excuse. each case on its individual merits. To have a policy which places limits and restrictions on If you make a request for an EHCNA and the those who can be assessed for an EHC plan is local authority refuses to conduct one then you likely to be unlawful. When considering a request can engage in mediation with the local authority for an EHCNA the LA must follow what the law and or make an appeal to the SEND Tribunal. says as must the Tribunal on an appeal.

The local authority should usually respond to an EHCNA request, to say whether or not they are going to proceed with an assessment, within a maximum of six weeks from receiving the

Thomas Mitchell

Thomas Mitchell is a solicitor with Simpson Millar and specialises in Education and Community Care law. www.simpsonmillar.co.uk

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

A national campaigning organisation led by disabled people. ALLFIE works to change laws, practices and procedures which discriminate against disabled young people and prevent inclusion. ALLFIE works together with allies to build a social climate in which everyone has a valued place. 336 Brixton Road, London SW9 7AA Tel: 020 7737 6030 Email: info@allfie.org.uk Website: www.allfie.org.uk

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World of Inclusion

A consultancy that provides advice, resources and training in the UK and around the world to develop equality for disabled people especially in education. Richard Rieser is an expert disabled international equality trainer, consultant, film maker and writer and teacher. Basement, 78 Mildmay Grove South, London N1 4PJ Tel: 020 7359 2855 or 07715 420727 Email: richardrieser@worldofinclusion.com Website: worldofinclusion.com

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

ALL MEANS ALL