Inclusion Now 51 by ALLFIE

Autumn 2018 Issue 51

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A voice for the Inclusion Movement in the UK

Contents 2

Editorial

Young Person’s Voice Interview with Amen Tesfay

Article 24 Workshop News from ALLFIE’s AGM

Legal Guide The right to mainstream

Global Disability Summit Report and participants’ voices

Beyond IQ Testing Colin Newton looks at alternative assessments

Children & Families Act Putting principle into practice - Zena Martin

Teacher’s Voice How one college lost its inclusive ethos over time

Notices ALLFIE’s research into Accessibility Plans, plus a book review

Disability History Month This year’s theme: Music

Editorial This has been a really interesting issue to put together. At the Global Disability Summit (p6) we met up with participants around the world and heard about the state of inclusion in their home countries, and there was also a fair bit of unrest amongst DPOs at the UK failing to put its own house in order whilst hosting the summit. We usually try to include the voices of parents and young people themselves, but In this edition we’ve also got a “teacher’s voice” – the story of an FE college’s inclusiveness over time (p14). We hope to continue this segment so let us know if you have something to say as an education professional! And as ever we’d love to hear from young Disabled people and parents. It’s great to hear in this issue the voice of a young man who has persevered with his parents’ support through an increasingly underresourced system and is now going to university (p3, opposite). I always find ALLFIE’s AGM really heartening, and this year was no exception, with supporters and members coming from all over the country. It was really useful to hear their views on how we should use Article 24 in our campaigning work (p4). We also have a couple of fascinating articles on inclusive practice – assessing “intelligence” (p10) and putting the Children and Families Act into practice (p12). Also I do hope you will visit our website to read our new legal guide (p5).

Legal Question The “tendency to physical abuse”

Jess Cahill

ALLFIE Communications Officer

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Young person’s voice "find your voice" - amen tesfay ighteen year old Amen Tesfay was one of a E number of speakers at the recent Labour Party Conference who declared he was neuro diverse while making a great speech. Richard Rieser of Inclusion Now caught up with him at the conference.

“I live in Enfield, North London, near the A10. A nice place; a good place to raise your children, but not a good place to be a young adult in. When I went to primary school, St Andrews CofE, I got loads of support when Labour was in government. Speech therapy, teaching assistants and 1:1 support in some lessons. They set up a plan for me to be more independent. I was on School Action with an IEP. I had no problems transferring to Enfield Grammar (a comprehensive), as my brother was already there. Enfield Grammar became an academy a month before I came, in year 7 with the promise that there will be more money and more freedom. In year 7 I did get plenty of help that I needed from the experienced SEN staff, but as Tory cuts came in there was a revolving door of SEN staff. The SENCO and SEN staff kept leaving and there were fewer of them. In Year 8 it got less. After that in Yr 9 to 11 I could have done with more. I don’t blame the school, it was the government funding. You had teachers writing to parents asking to fundraise.

the exam hall. It was because they like to get all the SEN students in one room so the SEN staff can be there. They do brilliantly. I got an A, 2 Bs and Cs in everything else. “Now I am just about to start a degree in Politics and International Relations at Queen Mary University of London. I got at A levels in the Sixth form an A in History and Bs in Politics and Media. I want to be an adviser to a MP as a job. I joined Labour two years ago after Corbyn won the second leadership ballot. I am talking to the council Labour group about maybe being a potential candidate next time round.

“Work hard and prove others wrong. I was made fun of because I have terrible hand writing. Now I have out-performed all those who made fun of me and I am going to the university and course I wanted. “However it is strange Find your voice, challenge cuts, speak to your local they got £1m for representative and if they do not do what you want an Astro Turf as a kick them out. sports school from “Parents, keep on supporting your children. My the government and Mum went out of her way practically declaring war Football Association. on my schools to get the support I needed and keep I find it weird that loving your child and support them. there was money for that but not for books “I have friends with SEND more than me and they and paper. It is an old are going to FE colleges and universities. Once building dating from they get their support, they can achieve... It is 1558 but other than the about incorporating into society. If they are sent to Astro Turf there was not a special school they will be segregated for a long much sign of improving time. They cannot learn independence if they are sent to a special school.” the building.

“For both my GCSEs and A levels I had 25% more You can watch Amen’s speech to the Labour time and I did the exams in a separate room from Conference at https://youtu.be/xTAacwr4s1I.

Policy Article 24 workshop o YOU know what Article 24 is? Maybe D you have heard of it but think it sounds a bit technical? In full it is Article 24 of the

UN Convention on the Rights of People with Disabilities (UNCRPD) and it deals with education. It guarantees the right of Disabled learners to be in mainstream education with the right support. ALLFIE’s AGM in September this year included a workshop on Article 24. We were interested to find out what people actually know about it. Do they know what it means? And, importantly, how do they think we should be using it to put pressure on the government? Here’s what they said.

segregated settings and that other countries had not. They expressed some scepticism though - just What do you know about Article 24? because countries have signed the convention One participant reported being in New York when doesn’t mean they put all of it into practice. The the UNCRPD was being drawn up. She recalled Netherlands was cited as a poor example of Article that many Disabled people’s organisations were 24 implementation, and at the other end of the present, but very few were advocating for inclusive scale Italy and Spain have around 0.2% of Disabled education. Originally inclusive children in segregated settings. education was just going to be included “We have to However people felt that although in the convention as a choice, not a recognise the power Article 24 was not enforceable, it right, but as negotiations continued of the parent.” did mean countries could be held to more and more organisations came account. round to the understanding that it Participants also felt that making Article 24 a reality should be a right. required a lot of change - principally a change in Our workshop participants mostly knew that the understanding and knowledge, and that people in UK has put a reservation on Article 24 which the system should be starting to ask “What barriers states that Disabled children can be sent to do we as an education system put in the way of Disabled people?” Although people may have the best of intentions, if they don’t have the knowledge of good practice they will not be able to make inclusive education a reality. How can we put pressure on the government to implement Article 24? Many participants talked about how important parents are in shaping the climate of public opinion and debate: “We have to recognise the power of the parent”. Therefore getting parents on side is critical to creating change in the system. One participant had found that where parents are strong advocates of special schools they do at least support the right

Policy for a Disabled child to be in mainstream if that is their choice. Everyone was in agreement that where parents want their child to go to a special school this comes from having received a lack of support in mainstream: “It’s not a desire for segregation, their needs have not been met.” Parents may have a perception that their children are safer in special schools, despite the history of abuse in segregated settings, and some may have low expectations of their children’s futures: “My child’s going to live a different life anyway”. Again the issue of a change in attitudes came up: “We don’t see segregation of Disabled people as other education policies, such as the policy of unfair, why is that?” constant exams and assessments, which drives Participants felt that in attempting to influence bad practice in the classroom, as it reduces the debate we should continue to talk about our learning methods and different ways learners can experiences, to present case studies and talk about participate. how our educational experiences affect our life For me, the message coming out of this workshop chances. For change to happen, Disabled students was one I’ve encountered in talking to people about also need to be represented in the system, and inclusive education before - that to make it happen, the aspirations of Disabled people to enter the everyone needs everyone else to understand it and teaching profession should be met. to be on board - not just government and politicians At Westminster level, as well as continuing to but teachers, heads, parents and young disabled question the government about implementation of people themselves, and that applies as much at a Article 24 and continuing to write to the Education political level as it does in schools. Committee, participants felt we should challenge

Jess Cahill

Legal guide: the right to mainstream LLFIE will be adding more resources to its new website that you may find useful. A new addition is a legal guide by barrister Steve Broach which looks at how families may be able to use the law in making the case for their child to be in mainstream.

The Children and Families Act 2014 sets out a presumption that children should be in mainstream education, unless either the parent/young person does not wish for it, or this would be incompatible with “the provision of efficient education for others”. In this guide Stephen looks at what this actually means and what arguments you may be able to use in dealing with the local authority. He also looks at some relevant human rights legislation and case law, and discusses the various avenues open to you, from going to tribunal, through judicial review, to using the Equality Act 2010 in establishing a discrimination claim. You can read the full guide at www.allfie.org.uk/legal-guide/

International inclusion global disability summit On the 23rd and 24th July 2018, the first ever of truly inclusive schools, teaching and learning. Global Disability Summit took place in London. It will support countries to collect data, integrate This event was co-hosted by the UK Government, disability into education plans, and build capacity the Kenyan Government and the International to roll out reforms and train teachers.” Many other Disability Alliance (IDA). IDA had been preparing important commitments were made but there was this summit for two years to develop a higher profile frustration and disappointment that the recent for disabled people’s rights post the adoption of UN scrutiny of the UK government and its findings the Sustainable Development Goals (2015). This of ‘grave and systematic violations’ were glossed was the first global disability summit to be held over. At the summit, World of Inclusion distributed and certainly did raise the profile, pushing many a leaflet to all participants on how to take inclusive organisations to make tangible commitments. The education forward around the world. (https://bit. event attracted more than 1,000 delegates from ly/2QvYFzu) governments, businesses and non governmental The lead up to the event was not without controversy. organisations. Of these, Many DDPOs were 65-70 DDPOs (Deaf unhappy about exclusion and Disabled people’s of DDPOs in the UK. In organisations) were addition it was believed selected to attend. that the event was a PR exercise to mask the UK’s The first day kicked off failings towards disabled with the Civil Society people. The Charter for Forum (23rd July) Change was another providing a platform for source of discontent as disabled people prior it annoyed many DDPOs, to the actual summit. highlighting double This part of the event standards about our was headed up by IDA own apparent domestic as the representative of disabled people internationally. On this day ALLFIE’s ‘progress’ (https://bit.ly/2uP3uL3). Campaigns and Policy Co-ordinator, Simone Aspis attracted huge attention from the audience and social media for calling out the government for their “hypocrisy” and failings towards disabled people in the UK.

As a rival event, DPAC (Disabled People Against the Cuts) hosted the International Deaf and Disabled People’s Solidarity Summit a day before the summit itself. This was about our solidarity and shared experiences as disabled people globally. The summit itself, on the 24th July (www.gov. Speakers from Canada, Columbia, Malaysia and Uganda made participants powerfully aware of uk/government/topical-events/global-disabilitysummit-2018), was about bringing together the international dimension of our struggle for delegates from governments, donors and other rights. Particularly compelling was the speech influential parties. Penny Mordaunt MP, Secretary and film by two Columbian activists who shared of State at DfID (International Development) their experiences of a crucial and pivotal journey committed “to the launch of the Inclusive Education of protest and occupation in which seven disabled Initiative - a new UK-led multi-donor partnership to people died in the fight for a ‘disability pension’ (‘The support developing countries to realise the promise Fight’ https://bit.ly/2pKO7Bb). The conference

International inclusion also heard from 17 speakers from DPOs in the UK. ALLFIE’s acting Director, Michelle Daley, spoke about global collective solidarity to achieve inclusive education for all disabled learners. John McDonnell MP, Shadow Chancellor, as a disabled person, made a commitment that a future Labour government would introduce full disability rights and benefits, with full financial backing. It is a great pity many of these contributions were not heard at the summit. ALLFIE trustee Anthony Ford-Shubrook also made a speech at the summit. https://bit.ly/2O9uNMN There is a long way to go before we can say inclusive education has been achieved for all disabled learners. This conference missed an important opportunity for people to share experiences, help influence and provide learning opportunities as a way to address discriminatory practices within education. It is not clear what delegates took away with them from the summit that would have helped to improve situations in their home countries.

Feliza Ali Ramos and Alex Marcelo Vazquez Bracamonte of Bolivia at the Solidarity Summit with ALLFIE’s interim CEO Michelle Daley

insisted participants could use a microphone to ask questions directly.

Richard Rieser took the opportunity to organise a well attended meeting to discuss restarting the Commonwealth Disabled People’s Forum that stopped being active in 2012. There was unanimous agreement to get this going again to Some of the methods adopted by the organisers provide an international voice for the 400 million seemed designed to prevent disabled people’s disabled people in the Commonwealth. participation. As Private Eye (10th August) reported the summit did not live up to its promise, quoting The summit, for all the criticism, has taken the difficulty with accessible parking bays, shuttle understanding of a wider audience forward, transfers, access to extra toilets, having a finger eg an interview with Vladimir Cuk, CEO of IDA, buffet with no plates, no roving microphone and in the Daily Telegraph on 24th July said: “The having to submit questions online in the open UNCRPD is focussed on moving the view of people sessions, which excluded many of the attendees. A with disabilities as ‘objects’ of charity, medical notable exception was a session on Inclusion and treatment and social protection toward viewing Infrastructure, chaired by Richard Rieser, where he them as ‘subjects’ with rights, who are capable of making decisions, as well as being active members of society. Mr Cuk acknowledges some countries are further than others in implementing the UN Convention but wherever budgets face cuts the axe often falls on services for disabled people first.” Interestingly, and encouragingly, everyone had a shared view about inclusive education and the importance of making it work. More information about the summit is at www. internationaldisabilityalliance.org/summit

Young delegates to the summit from all over the world

Michelle Daley and Richard Rieser 7

International inclusion the Global Disability Summit, Michelle Daley, ALLFIE’s interim Director, asked delegates Atfrom around the world about the state of inclusive education in their countries. Jessie Chiyamwaka - Malawi. Chief Disability Rehabilitation Officer “[Government] developed an inclusive education strategy. Mainstreaming in every department. We need to do a lot of capacity building with every teacher so that inclusiveness starts at the ground level.” Jorge Enrique Muñoz Morales - Columbia. Latin American Network of NGO DPOs and families “In Columbia our government have been developing some measures to promote inclusive education which is adapted to the convention and to guarantee communication for children with disabilities. For example a deaf child can get a sign language interpreter in classes. Inclusive education just started last year but the main goal is to accomplish what has been set in our law within the next five years.”

five schools enrolling deaf children and blind children. There are challenges - due to lack of resources we have not implemented the policy in its entirety. Some children with intellectual disabilities do not attend mainstream classes because there are no resources to support them within the classroom. They have moved from special to resourced schools.” Ryan Gersava - Philippines. International Young Persons with Disabilities Programme “The Philippines are training more teachers for special education so children with disabilities can go to mainstream school without fear of discrimination. The infrastructure is not yet ready because inclusive education is not a priority.”

Alexandra Kutas - Ukraine. International Young Hon Hajjati Safia Nalule Juuko - Uganda. National Persons with Disabilities Programme Member of Parliament, representing persons with “The First Lady of my country, wife of the president, disabilities is doing some good stuff to “Five years ago we started a policy on inclusive promote the importance of education but it is not finalised. We have a Special inclusive education but we need Needs Education Department with the Ministry of a systematic approach and real Education but it is highly under funded. Inclusive changes for inclusive education to really work.” education can be achieved if there is financial commitment but it requires money. We have laws Jaden Lake - Canada. International Young and institutional mechanisms Persons with Disability Programme but we need enough teachers, Father Mike Lake (Canadian Member of Parliament): resources, technology for this to “When Jaden attended a regular classroom we be achieved.” didn’t realise the amazing positive impact it had on the other kids. Every one of Alexia Ncube - Namibia. Deputy Minister them would say that their lives responsible for Disability Affairs are better off for having Jaden in “A policy was adopted in 2013 that has a lot them. When you include people of progressive things within it, that talks about like Jaden in schools everybody’s including children within mainstream schools. definition changes to include Some milestones have been achieved for example [others].”

International inclusion Dr. Dennis Sinyolo - Global. Education International Senior Coordinator “Inclusive education is very important and all governments should legislate for it. It’s not just about policy, it’s about implementation. Teachers tells us they want to include disabled children but they don’t have skills and resources. Inclusive education should be provided through in-service training and continuous professional development. School infrastructure needs to be accessible and friendly for all learners. Bottom line: government to commit to make it happen.”

will have a ripple effect. It would have less wastage and improve inclusive education teachers.”

Rose Achayo - Uganda. Chair, National Union of Women with Disabilities “Northern Uganda talks about inclusive education but not in the context of the disability movement. So it is special needs education that is what Uganda defines as inclusive education. We have a lot of units for example for people with visual impairments, schools for blind children, schools for the deaf, schools for handicapped and schools for deaf & blind. The mainstream education that Uganda is talking about is where a disabled Hon Sen (Dr) Isaac Maigua Mwaura, CBS - Kenya. learner can access it without MP any adjustments made. The “90 special schools in Kenya, 3,000 special units in disabled student has to access mainstream schools but those units have a problem the school based on what they because they lump all disabled children in these can manage. If they cannot manage they are not welcomed. units without proper provision. This is not inclusive education.” So the units become a dumping ground for disabled children. Budget remains consistent with Laura Kanushu - Uganda. Executive Director of no increase, making inclusive legal action for persons with disabilities education difficult to achieve.” “In Western Uganda I don’t even think inclusive education exists. In Uganda the ministry needs Sarah Kamau - Kenya. Association of Professional to learn more about what inclusive education Women with Disabilities means because it is still not “What is not working is many children with disabilities a common thing on the norm. are not getting early childhood assessments so We need to sensitise the that they can get the right kind of support. This is government to convince them it’s a human rights issue. Also really lacking. There has been the government needs to learn sign language introduced. There from other countries.” has been introduction of access and Braille in some schools but it needs to go wider, even into Simone Aspis - UK. Policy and Campaigns university. We need to do more Coordinator for the Alliance for and need more resources.” Inclusive Education “We are also calling for the Thomas Ongola - African Union. Disability Expert, removal of the reservation on Social Affairs Department Article 24 and full implementation “For inclusive education to work better we need of Disabled people’s human rapid short training for teachers on technical right to inclusive education.” aspects and to have a sandwich programme. It

Inclusive practice beyond intelligence testing Following an earlier piece (see Inclusion Now 46) on the failings of intelligence testing, educational psychologist Colin Newton looks at alternative means of assessment.

oes “intelligence” really exist? Probably not D as any kind of single entity or potential. What else can we conclude about intelligence?

the messiness of the unknown whilst always assuming that more is present and possible.

1. Intelligence can not safely be reduced to a single measure

What should instead?

2. Language and culture impact upon an individual’s performance on any kind of psychometric test

- Ask those who love a person or who spend most time with them to describe their strengths, gifts and needs.This is where true wisdom about a person exists. Structured questions may help and shared reflection and theory building after collecting stories may enrich a picture and better inform decisions and strategies.

3. Movement differences and difficulties including issues with spoken language make such testing invalid and unreliable

assessors

4. Intelligence measures are only dealing with experiences the tested person has had and do - Beware of dangerous assumptions when not truly access underlying processes assessing. Always assume competence when in 5. Intelligence assessment is based on highly doubt or when movements are difficult for a person. questionable assumptions about thought and - Paint or sketch portraits in words and images language. of the whole person and their context. Instead of Intelligence would appear to be a fluid, context trying to be the pseudo scientific objective tester dependent variable that is not quantifiable but is a we should adopt tools more familiar to the artist social construction. Multiple intelligences (Gardner, creating a portrait (O’Brien 2002). 1983) are perhaps one more useful way to consider The latter investigation demands different and thinking and problem solving processes. more nuanced tools – those that enable the Perhaps we should simply refer to specific thinking, search for what is healthy. Listening to children linguistic, memory and problem solving processes or co-constructing a narrative with them? This without ever trying to bundle them up as one entity. means reshaping the relationship between the We certainly should be wary of giving more value psychologist and the learner to arrive at an end and credence to certain skills over others such as product which influences future dialogues between verbal over non verbal for instance. the young person and those closest to him or her. Such a stance will call for more tentative, To deepen the conversations we might have about sophisticated ways of sketching out how someone that young person and their inclusion/place in operates in the world. Such sketching will need the world. Details are given of the particular – the to be done in collaboration with those who know complexity and detail of another’s experiences and love the person themselves and with their full are documented in the hope that readers will see participation. The tools used for such sketching themselves in it even if it is exotic. may need to be more humble than the oppressive We only truly understand if we feel some connection pseudo scientific assessment tools of the past, but or identification with the person in the picture or in turn are likely to be more useful and respectful. story– stand in the shoes of the child with autism Let us live with uncertainty and accept respectfully – nobody sees themselves in the generalisations of

Inclusive practice the ‘Triad’. Context is a source of understanding – not a source of data distortion. Behaviour may give us a clue – but it is the meanings people attach to the behaviours that ought really to concern us.

for a broader range of human potential in children and adults. These intelligences are:

based assessment to inform planning. How is a child progressing in relation to what they are being taught as opposed to presumed underlying intellectual processes. One of the aims of criterion referencing is to focus on individual, differentiated assessment. By moving away from norm-referencing, to a system which describes what students know, understand and can do, assessments can be used to provide feedback and to inform future teaching and learning needs.

• Naturalist intelligence (“nature smart”)

“...Engaging and worthy problems or questions of importance, in which students must use knowledge to fashion performances effectively and creatively. The tasks are either replicas of or analogous to the kinds of problems faced by adult citizens and consumers or professionals in the field.” (Wiggins, 2006)

Which participants will have the best knowledge about a child or young person? How long will we need to be part of a young person’s life to get a real handle on who they are what they bring?

• Linguistic intelligence (“word smart”):

• Logical-mathematical intelligence (“number/ The standard is authenticity rather than ‘truth’ so reasoning smart”) there is never a single story – many could be told. The narrowest stories about individuals are drawn • Spatial intelligence (“picture smart”) from the psychometric encounter – “Kevin has a • Bodily-Kinesthetic intelligence (“body smart”) mental age of 2 years”. • Musical intelligence (“music smart”) “Listening for a story vs. listening to a story” (Wilson, • Interpersonal intelligence (“people smart”) D. 2009) - Make use of criterion referenced or curriculum • Intrapersonal intelligence (“self smart”) - Engage in participant observation which has a long and respected history in the world of anthropology. Participant observation is the involvement of the anthropologist in the activities of the people in that society, so that instead of just observing the people, the anthropologist is able to get a more hands on experience of how these people live their lives. The main advantages of participant observation are that it allows the anthropologist to obtain a deeper - Use authentic assessment processes that respect and more experienced insight on the activities context and learning. This is a form of assessment that the individuals of a society perform and the in which students are asked to perform real-world ways in which they think and that it also allows the tasks that demonstrate meaningful application of anthropologists to gain a good overview of how and essential knowledge and skills. why a society functions.

- Always respect the social model of disability! The social model of disability proposes that barriers and prejudice and exclusion by society (purposely or inadvertently) are the ultimate factors defining who is disabled and who is not in a particular society.

- Use the wider frame suggested by the work being done on ‘Multiple Intelligences’, and always notice and respect if not starting by noting diverse The references for this article are at https://bit. Learning Styles. ly/2NxJ7hG The theory of multiple intelligences was developed in 1983 by Dr. Howard Gardner, professor of Colin Newton education at Harvard University. It suggests that the traditional notion of intelligence, based on Inclusive Solutions IQ testing, is far too limited. Instead, Dr. Gardner www.inclusive-solutions.com proposes eight different intelligences to account

Inclusive practice The Principles of the Children and Families Act: Embedded Practice or Neglected Words? n 2014, The Children and Families Act brought Icurrent in legislation and principles that underpin the SEND Code of Practice. Yet reports from

the high school SENCO, which he did by bringing all his exercise books to the meeting to share.

He talked about how much he was looking forward to high school and the new subjects he would encounter. This was unexpected to some in the room as they had assumed he would be nervous or apprehensive – not so! He had only one concern – would he be able to join the lunchtime clubs he had picked out as he was worried about being bullied in Making it Practical! the playground when teaching assistants might not The principles of the Children and Families Act need be present? to have practical meaning in schools. The principles are not just for local authorities to deliver on at Together, we celebrated his progress and wider the EHCP stage either. Thousands of children and outcomes through Year 6. We then agreed a plan of young people on SEN Support in schools are also the lunchtime clubs he had chosen. However, this entitled to support that meets with these principles child had recognised his own vulnerability, having at school level too. Yet these principles can be had previous experience of being bullied. With his easily lost among the service-centred approaches approval, a plan was drawn up to provide a network and the need to ensure the paperwork is complete of peer support for him, involving people he already knew and older pupils who would act as mentors. and the records up-to-date. All agreed that whilst it was good to have a plan It takes time to find out the views and wishes of of lunchtime clubs in place, we didn’t want him to different stakeholders, particularly children. Yet attend them just because he felt excluded from the some of the most valuable information can come playground. if we have staff who are confident in exploring their views and genuinely listening and responding to Had this child not brought his own concerns to the their wishes. The answers to children’s difficulties table, I’m not sure our discussion would have been and concerns are often there within them and so focused on one specific issue. Yet he directed around them in the people who love them. We just our thoughts to what was most important to him. need to give them a platform and the tools to be By autumn half term, his mother was reporting that he had made a great transition able to identify and communicate this. to high school, was thoroughly One of the best reviews I attended embraced all enjoying Technology Club, Chess these principles in one short hour. It was highly Club and Computer Club, made person-centred. The Year 6 pupil was involved in great friends and was getting planning his Year 6/7 transition review. He updated on well with the peer support his Support Plan to give to the high school SENCO. network. This is the principles of Having made some good progress in the previous the Code of Practice successfully six months, he was keen to showcase his work to applied in such a simple way!

Local Area SEND inspections and third sector organisations suggest that these principles are not implemented consistently nationally. Let us remind ourselves of the nature of these principles (see table on opposite page).

Zena Martin, Educational Consultant, Inclusive Learning North https://inclusivelearningnorth.co.uk/ 12

Inclusive practice The Children and Families Act (2014) Principles and Implications for Schools (adapted from DfE, 2016).

The principles of Implications for local Practical application the SEND Code of authorities and schools Practice Local authorities must have regard to the wishes, views and feelings of children, their parents and of young people themselves.

Listen to and respond to the concerns of parents, children and young people.

The participation of parents, children and young people in decision-making about SEN.

Parents, children and young people involved in decisions from the start, i.e. in the initial decision about whether a child or young person has SEN.

Person centred, pupil-friendly meetings, where the pupil is present. Age-appropriate and creative ways of engaging pupils, parents and carers in these discussions, even for very young children – for example, using pupil voice emoticons to indicate what is important to the pupil. The views and wishes of parents, children and young people reflected in planned outcomes and provision. A SEND policy stating that pupils and parents/carers participate in this decision-making from the first days of Special Educational Provision. Provision that can be traced back to decisions made by pupils and parents/carers.

Outcomes, actions and support plans that have been clearly compiled with pupils, parents and carers in partnership. Providing children, Must publish an SEN An SEN Information Report, written with the involvement young people information report for of parents and carers, and accessible in its presentation. and parents with school. SEN Information Report and helpful links to the Local information and Should provide children, Offer and Information Advice and Support Service, advice to support young people and clearly shown on the school website, that is easy to participation. parents with information navigate with accessibility tools. about the local Children, young people and parents have access to Information, Advice and services that help them achieve the best possible Support Service. educational and other outcomes, preparing them effectively for adulthood. Outcomes and A focus on outcomes Provision maps and support plans indicate the impact improving progress and impact. of the provision on progress and outcomes, not just the for children and Gather evidence of the provision being made. young people with impact of the school’s There is an emphasis on outcomes as well as progress, SEN. provision on pupil e.g. ‘by using clear visuals, timetabling, and allowing progress.

him to watch first, Charlie is now able to join in with PE Publish information without becoming distressed’. about how they evaluate SEN Information Report on the website updated annually, the effectiveness of to show transparently how the school has evaluated its provision made for provision for pupils with SEND, how effective it is, and pupils with SEN. what next developments it has identified.

Teacherâ&#x20AC;&#x2122;s voice currents of change We at Inclusion Now stumbled across a recent research article via Twitter that looks at the challenges education professionals at one FE college faced over time in trying to implement inclusive practice. You can read the full research at https://bit.ly/2NCIHBK. We asked its author, David Meir, to tell us more about himself and about his research.

stumbled into education more by accident than design. My background was in sport, and through not knowing what else to do with my career I landed a part time role as a lecturer in sport in an FE college in the North West of England. It was my role to develop and deliver a Level 1 BTEC Sport programme through the widening participation agenda.

Due to my inexperience I had a limited understanding of inclusion and what it meant in practice. I was however very fortunate to find myself employed at a college who put inclusive practice at the centre of their approach to learning. This was a continuous process that had been implemented since 1991 with the ultimate aim of creating a fully inclusive college. The programme became a reflection of the inclusive ethos of the college and was developed over time to be inclusive in both enrolment and delivery. It provided an opportunity for all students to be educated in a mainstream environment regardless of their disability and / or learning difficulty. Students were always given an opportunity to succeed and were never turned down regardless of their needs or challenges.

numerous learners and created a culture of equity throughout the college. The process of inclusion is now under threat as the college is in a financially and ethically diminished form; it is in a state of crisis through the fiscal policy of austerity. Overall there has been a third cut from the Further Education and Skills budget since 2010 with the drop in the overall budget falling from 3 billion to 2 billion between 2009 and 2015. The greater the cuts to the sector, the greater the threat to developing and sustaining inclusive practices.

I believe the experience of the programme and the college is an important story to tell. The research I undertook over two stages focused on a 13 year period between 2004 and 2017 in order to gain a shared understanding of peopleâ&#x20AC;&#x2122;s views and experiences of developing the Level 1 sport programme in an inclusive way. Numerous people who were involved in the development and delivery of the programme shared their experiences including lecturers, curriculum managers, ALS workers and ALS coordinators. For the first stage of the research a narrative was produced by intertwining participantsâ&#x20AC;&#x2122; responses with my own critical reflections in order to create Inclusion at the college was simply defined as seeing a collaborative story. Discussion focused on every person as a student first, providing support the development of inclusive practice through to enable them to achieve their goals through a an understanding of its historical development, non-segregated curriculum. This approach was the current issues that were being faced and driven by the department of Additional Learning the future concerns of the college as it tried to Support (ALS), and the ethos of inclusion that navigate the complicated social, economic and was developed made an impact on the lives of political landscape. What follows is an extract

Teacher’s voice from the narrative that hopefully conveys both the programme and the college’s actions in their attempts to develop inclusive practice as well as addressing the challenges faced and concerns for the future.

pressure progressively focused on outcomes rather than process, which brought clear challenges in the maintenance of an inclusive approach. The course was however committed to the process of inclusion at all times.

“Through cross-college colleagues offering the time, guidance and support the course started to take on the key elements of an inclusive programme. Certain members of staff enlightened me about the notion of inclusion, what it means and what it was for. Had I always been inclusive in my natural actions, maybe, but now I understood it in practice. Watching students with additional support needs grow in confidence, become more independent and gain the respect of their peers enabled all stakeholders to see the value of an inclusive approach. It brought people, students and staff alike, together that would otherwise not have interacted and prompted conversations, reflections and thus learning that would otherwise not have happened for all concerned.

Stage two collected qualitative data through individual and focus group interviews with lecturers and ALS staff working on the programme between 2014 and 2017. College managers were also interviewed to develop a broader understanding of the current state of inclusive practice on the programme and at the college as a whole. The aim was to determine the current issues and future challenges for delivering and developing inclusive programmes in these contexts.

“Yet this was not enough, more must be achieved; sit them in front of a computer, make them type, make them work. In six years we went from five modules to ten, from a certificate to a diploma; more, more, more! There was no time for building those relationships that were so desperately required. During this time we lost sight of our purpose, what we stood for. We were unable to see the damage being done until it was too late; these changes were irreversible. A fundamental question remains unanswered from this time: does inclusion still define the college and the programme or has it moved on, to a new reality with no place for inclusion beyond the rhetoric; beyond an ideal whose time has passed with no place in this competitive world? The strength of an idea is the belief that others have in it; we will see.” This narrative provided evidence as to how the programme was well supported, how collaborative working was hugely beneficial, how staff and students were enabled to increase their awareness of issues around disability and how inclusive practices can be applied within a specific vocational programme. The course had its flaws and due to increased performative

The key issues raised included austerity and its impact on resourcing, provision of support, the ambiguity of how inclusion is understood and the capacity for sharing knowledge and collaborative working within the college. Findings indicated that the college is in a very complex situation with regard to the deliberate and destructive policy of austerity. The lack of resources puts the process of full inclusion under threat; inclusion has been marginalised in both policy and practice. Due to this the college can no longer be considered as a site of resistance; pockets of resistance exist but at an operational level it is a place of compliance. The justification of this position is that for the college ‘compliance is the reality of survival’ yet this paradigm shift away from inclusion requires collective resistance to reinforce a belief in a democratic, emancipatory and subversive world. Inclusion and inclusive practices and the fight for social justice is understood through the understanding that FE is never neutral; it does not exist apart from the social, economic and political worlds that surround it. Ensuring the continued development of inclusion at the college requires an understanding of, and reconnection with the past, a desire to resolve the present and to develop the future, working towards a more socially just and inclusive college through challenging perceptions and practices that work against the development of full inclusion.

David Meir 15

Notices help allfie’s research on school accessibility plans ccessibility Plans are intended to help Disabled children and young people to make best use of the education, benefits, facilities and services available to them. The Equality Act 2010 and the Equality Duty 2011 highlight schools’ responsibilities to produce Accessibility Plans. The aim is to improve the physical environment and enable Disabled children and young people to participate in the curriculum.

Independent Living and Learning (DRILL) to lead a project investigating the effectiveness of school Accessibility Plans. Dr Armineh Soorenian, the project researcher, has set up a project advisory group, received ethical approval from DRILL, conducted initial research using Freedom of Information data and begun running focus groups. The project will explore the stories and opinions that people share in these group discussions to understand any gaps emerging between the aims of the law, and the real-life experiences of people in schools. In each of four regions in England, there will be three focus groups: one for Disabled young people and children, one for parents of Disabled learners, and one for educators and professionals. The groups will be in October and November 2018.

Yet ALLFIE’s initial research indicates that most local councils in England do not monitor how many schools have Accessibility Plans, as this is not a legal requirement. There is also no requirement for schools or academies to share this information with OFSTED. Therefore, there is no evidence to demonstrate how effective plans are for Disabled children and young people. It is also unclear how If you are interested in getting involved in the focus well parents are informed of the plans, or how groups, or would like more information about the project, please contact Armineh Soorenian at much they have a say in them. Armineh.Soorenian@allfie.org.uk. ALLFIE has funding from Disability Research on

Chapter review: “Social Policy First Hand” ichelle Daley reviews the chapter “Education (ignorance) addressing inclusive education: the M issues and its importance from a participatory perspective” by Tara Flood & Navin Kikabhai, from the book Social Policy First Hand by P Beresford and S Carr (Bristol University Press 2018). This chapter, part of a book on user involvement in social policy, is an introduction to inclusive education, its importance in the context of disability rights, the background of the inclusive education movement in the UK in the 1990s, and the emergence of ALLFIE. It describes the struggle of Disabled people and the support of their allies in campaigning for political change to get inclusive education on the agenda. It addresses the UK’s continued dual system of mainstream and segregated education, which is contrary to the UN Convention on the Rights of Persons with Disabilities. We learn that the disabled learners most likely to be segregated are those with significant impairments. It looks at reforms since 2010 which have sabotaged decades of positive work around inclusive education. The chapter ends with recognition of the challenges to ALLFIE and other disabled people-led organisations.

Events UK Disability History Month In 2018 our theme is Disability and Music. We hope you will support us by spreading the word, organising activities and donating to UKDHM. We want to explore the links between music and the experience of disablement in a world where the barriers people with impairments face can be overwhelming. The creative impulse, urge for self expression and the need to connect to our fellow human beings often trumps the oppression we as disabled people have faced, do face and will face in the future. Each culture and sub-culture creates identity and defines itself by its music. ‘Music is the language of the soul. To express Evelyn Glennie. Photo: Michael Höfner ourselves we have to be vibrating, radiating human Tete Montoliu, Rahsaan Roland Kirk, Art Tatum, beings!’ Alasadair Fraser. and many more. Over the month we will be developing resources on our website and a broadsheet for the public and Our twelve page broadsheet will examine a wide students in schools and colleges. These will focus range of subjects from disabled protest singers like on composers, musicians, singers and performers Johnny Crescendo and the place of his Choices and from Beethoven to Evelyn Glennie, Stevie Wonder Rights which became an anthem of the Disability to Gurrumul Yunupingu, including Connee Boswell, Rights Movement to the impact of disability for Lili Boulanger, Sudha Chandran, Ray Charles, Vic many classical composers and performers. How Chesnutt, Judy Collins, Johnnie Crescendo, Ian polio impacted on a range of performers from Curtis, Delius, Ian Dury, John Kelly, Gabriela Lena Connie Boswell to Ian Dury. How the stereotypes Frank, Landini, Claire Lewis, Joni Mitchell, Moondog, of literature find their way into opera and musicals Mozart, Paganini, Derek Paravicini, Izhak Perlman, influencing both libretto and musical expression. Hikari Oe, Ravel, Django Examining blues, jazz and pop and how disabled Reinhardt, Laurie Rubin, performers not only infiltrated the music industry Mik Scarlet, Schumann, but shaped it. Looking at how NGOs are finding George Shearing, new ways to include disabled young people through Smetana, Tom Wiggins, music. Hank Williams, Robert UK Disability History Month runs from Monday 19th Wyatt, Alisa Weilerstein, November to 22nd December. Start organising and Thomas Quasthoff, planning events, meetings, assemblies, schemes Neil Young, Blind Willie of work, concerts and exhibitions and share them Johnson, Blind Willie so we can publicise them. Contact our coordinator McTell, Blind Lemon 0208 359 2855 or rlrieser@gmail.com. Jefferson, Blind Boy Fuller, Lennie Tristano, www.ukdhm.org Rahsaan Roland Kirk. Photo: Heinrich Klaffs

Richard Rieser

Legal question

“

My son Martin has undiagnosed ADHD and tends to fight with other children when bored during lessons and break times. The school say they have to consider other children’s safety and have decided to exclude him as he will not stop fighting despite requests to do so. They have provided him with some SEN provision because he is in receipt of SEN support (with an EHCP) and have tried various disciplinary methods, including detention and internal exclusions, with no success. I understand a recent court case says schools have to make reasonable adjustments for my son with behavioural issues. Are the school allowed to exclude Martin on health and safety grounds? What are their duties around making reasonable adjustments for him in school?”

The Equality Act 2010 In addition to following specified procedural rules when deciding whether to exclude a child, it is also important that schools comply with the requirements of the Equality Act which prohibits discrimination against those with ‘protected characteristics’ including disability. Disability discrimination can take many forms. In order to be protected under the Equality Act 2010, a pupil would have to satisfy the statutory definition of disability set out in S6 Equality Act. A diagnosis is not required in order to be afforded protection under the Act.

children with challenging behaviour can never be excluded but ensures that the Act affords the same level of protection to disabled pupils with challenging behaviour as it does to other disabled pupils. This means the school is not able to discriminate against them and is under a duty to make reasonable adjustment in the same way they would for another child’s disabilities. Reasonable Adjustments

In law, there is no set list of reasonable adjustments which must be made. It is a question of fact depending on what a child requires and what would be considered reasonable for a school Case Law to provide. To determine whether the school had A recent case has clarified the law relating failed to make reasonable adjustments, a court to pupils who exhibit challenging behaviour. would consider what adjustments could have Regulation 4(1)(c) of the Equality Act 2010 theoretically been made in the circumstances. In (Disability) Regulations 2010 provides that a Martin’s case, this could include securing advice condition amounting to “a tendency to physical from the local authority on ADHD or putting 1:1 abuse of other persons” does not amount to support in place. an impairment in accordance with section 6 of Challenges the Equality Act 2010. Previous case law held Should Martin ultimately be excluded, you that children exhibiting challenging behaviour will have a right to challenge this through an in schools could be excluded from protection of Independent Appeal Panel and/or to the special the Equality Act by virtue of this regulation. The Educational Needs and Disability Tribunal on the recent case of C and C v The Governing Body of basis of disability discrimination. These cases a School [2018] UKUT 269 (AAC) held that this are often complex and sometimes legal advice regulation did not apply “to children in education can be beneficial on the specifics of such a case. who have a recognised condition that is more likely to result in a tendency to physical abuse”. Sarah Woosey This is an important decision for children with Partner with Simpson Millar specialising in education and difficulties like Martin’s. It does not mean that community care law. www.simpsonmillar.co.uk

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

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

In collaboration with: Inclusive Solutions

A team of psychologists and associates who specialise in cutting edge practical strategies and ideas for developing effective inclusion in local mainstream schools and communities. We work with anyone who wants to bring about the real systems changes that are necessary to move towards a truly inclusive society. Tel: 0115 9556045 or 01473 437590 Email: inclusive.solutions@me.com Website: inclusive-solutions.com

World of Inclusion

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

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

ALL MEANS ALL