Summer 2022 Issue 63 £2 A VOICE FOR THE INCLUSION MOVEMENT IN THE UK
2 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 Search past issues online Contents3TheImportance of Being BySupportiveZanibMalik 6 Re-Empowerment, Education , Equality - Young people's SEND Review: Melody Powell 8 A Conversation with Parents of Disabled Children Susan Smith 10 What to expect: ALLFIE's SEND Review submission Navin Kikabhai, ALLFIE Chair 12 Inclusive practice: Dr Victoria Bamsey & Dr Suanne Gibson University of Plymouth 15 Capacity Building report Inclusion Champions 16 Crippen: SEND Review Cartoon by Dave Lupton 18 Legal ReasonableQuestionadjustments Welcome to Inclusion Now summer! In this edition: ⊲ The Importance of Being Supportive Zanib Malik on Additional Learning Support (Page 3) ⊲ Re-Empowerment, Education , Equality Melody Powell on Young people's SEND Review (Page 6) ⊲ Parent Voice A conversation with Susan Smith (Page 8) ⊲ ALLFIE's SEND Review: What to expect Navin Kikabhai feeds back emerging themes from the Government consultation (Page 10) ⊲ Inclusive practice: COVID-19 new models Dr Victoria Bamsey & Dr Suanne Gibson, University of Plymouth (Page 12) ⊲ Capacity Building DPOs Inclusion Champions project reports back. Illustrations by Stephen Lee Hodgkins (Page 15) ⊲ Crippen cartoon: SEND Review By Dave Lupton (page 16) ⊲ Legal Question : Reasonable adjustments Simone's final legal question - Inclusion Now appreciates their invaluable contribution to the magazine! Simpson Millar respond (Page 18) Editorial Cover image: ©Stephen Lee Hodgkins/ALLFIE 2022
The Importance of Being Supportive
I didn’t know how small the room was going to be. Didn’t know how full it would be. Hadn’t really registered how many students I had on my list for Additional Learning Support. I’m so used to going into a class and supporting anyone who asks. Students not down for LSA support asking for help is common. Many learners requiring ALS go through school only to reach further education without support necessary for easing them through an already difficult time. Difficult because, although education until 18 is now mandatory, it is not actually funded enough to handle the general capacity of learners, let alone everyone now entering further education, thus leaving a lot of people without opportunities to secure work. Now imagine going into it having not received all the help you’re entitled to as neurodiverse learners, with possible Special Educational Needs that have gone unnoticed - or in many cases, labelled as ‘difficult’ and ‘disruptive’ instead. It’s a lot. For both students and staff going into it without enough resources, not enough staff to deliver quality education or with enough time to provide essential oneto-one tutor time. The SEND Green Paper stated that the rate of 11.6% SEN provision learners was decreasing in 2016. Practically, it’s impossible for rates to drop and then uptake in recent years, particularly in Further Education. Unless the needs were ignored.
By Zanib Malik
Teacher's voice
“Should be good!”, I thought, rolling my way down the corridor.
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"Annie for English GCSE again! Felt like my first year providing Additional Learning Support (ALS) in college. She was great with learners, took the time to understand what engaged them, and treated them as equals.
Richard, Ashley and Katie, from Annie’s class, left education within months. It could have been different for them, if they had been provided with support and consideration for their needs prior to reaching college and as a result, not having to re-sit English and Maths (which are now essential to career progression). I realise the process of the education system again and again is letting down young people with a lot of competing needs.
Teacher's voice
Callum struggled reading and writing this year. Using a laptop in class, we went through how to use Read and Write together. He needed text-to-speech software available on various platforms to support phonics and spelling, my other students in this class also required constant support with overseeing their work. Utilising Read and Write was my way of managing a demand on my support.
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In a different group, Jermaine struggled with memory but refused support. The only way to meet this need was by providing a Dictaphone and ensuring camera phone use to take pictures of his work processes.
Once settled, she finds it easier to open up about what she’s thinking and feeling, giving me an idea of what to look at when assessing how we can make her journey easier. Emotional support incorporates everything because applying these actions, no matter how big or small, make all the difference to that learner’s day.
ALS and SEN provision has, like everything else, adapted to remote working, so showing learners how to utilise the tools they’re given is vital. If their work isn’t accessible on one platform, we access it elsewhere. Google Applications works across phones, tablets and computers.
It’s sensing when things aren’t right, noticing little things someone does when they’re content and what happens when they aren’t, what is the cause, how’s it impacting their cognition and ability to process information.
Sometimes writing things down supports memory and processing of information.
I’ll note-take where possible so they can focus on the tutor, though some prefer to take their own notes. Encourage this. It’s a good habit for them to take away (whether it’s on a digital device or on paper).
Something we don’t discuss enough when applying SEN provision is the impact of emotional support. We must be able to identify emotional needs and support them accordingly, especially when no one else picks up on them. I’ve been in classes where the learner can work independently much of the time, but if there is no emotional support to alleviate the stress and anxiety that comes with workloads and meeting deadlines, they succumb to the pressure.
It’s reassuring, checking in, praising them and providing positivity. If we’re moving around, I’ll help with carrying things, and see them in and out of college. If the work is practical, get involved so that if someone struggles, you can understand how to help them find the solutions. I’m very Pro “write it down!” or “make notes of what you’re thinking or what has been said.”, carrying a pen and paper/having something to type on is essential in ALS. It allows learners to track what’s happening and refer back when they’re stuck.
You can proofread a learner’s work in real time without needing to be next to them or stopping them from typing. They share their work with me and I can see who’s adding to it, as well as leave feedback. It’s essential when multitasking. I could be working from home using Google Meet, prompting Tyler to stay focused, whilst simultaneously observing what Zara and Luka are doing with their work in Google Docs/Slides.
During times of upset, taking Sarah out of the room and practising deep breathing exercises works wonders. It calms her, giving her something to focus her mind on.
Drawing attention to a box on the table as the plot for her short story, and how she had visualised being in that room, looking at the box. What did she do? Did she speak to anyone? Why was the box on the table, was she going to open it? I asked her to put herself in that scenario without being direct. It was my way of asking her to let her imagination run wild - and she did, her story was gruesome and amazing! It’s another way to provide emotional support. It boosts confidence, giving learners control over what happens next…Katie didn’t re-sit English, but I gave her a glimpse of her capabilities. Hopefully, she’ll reach for it to give herself a boost during challenging times. Remembering she smashed that task not only because she got the support she needed, but also because it was that support which addressed her need and allowed Katie to take control, raise interest and to enjoy learning. ASL support for students can absolutely change the experiences in college for a Disabled young person. Please note that all names and pronouns in this article have been changed to protect identities.
Even if he did accept support in college, he may not seek it out later. I explained that establishing a habit of documenting like this could be discreet enough, it was normal for professionals and social media to work like this, utilising audio/visual recording apps on whatever device was at hand. It wasn’t enough from the tutor’s perspective (or mine, for that matter). But Jermaine shied away from in-person support. So I used initiative and adapted something he already used every day, in the hope that it meets his needs and supports his goals. As a SEND Specialist, I monitored progress for EHCP learners, feeding back their input and aspirations to Practitioners and Coordinators so that during reviews, their input was actively supported. It influenced ALS in education and some preparation for life beyond FE, giving learners insight into home, workplace and travel support. Leaving education without knowing how to help yourself get support is daunting.It’shardnot to root for learners. Especially the ones who don’t get their support. They need you the most. When Katie from Annie’s class said she couldn’t write a short story because she didn’t know what to say, I encouraged her by highlighting her achievements, telling her how well she was doing.
“The process of the education system again and again is letting down young people ”
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Teacher's Voice
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Melody Powell led ALLFIE's SEND Review consultation for Young Disabled people, and reports back on key changes to address inequality in education for Disabled children and Young people, as well as students with different intersectional identitites.
Young person's voice
Empowerment, Education and Equality: SEND Review implications for Young people
The Government SEND Review Green Paper, published in March 2022, motivated many Young people to start reflecting on their experiences with the education system. Over the last few months, ALLFIE engaged with a diverse range of Young people across England to discuss what works, what does not work and what needs to change when it comes to the education of Disabled children and Young People. When talking about everyone's experiences, it became clear that there are huge issues within the education system. The concerns of Young People were represented poorly in the review. So, it was not surprising that many of the Young People we spoke with felt that the new suggested SEND practice was causing more problems than it was fixing. We were all hoping to see something about tranistion to higher education, supporting access to extracurricular activities and events so Disabled Young People can socialise like everyone else. However, there appeared to be a lack of understanding that Disabled students are individuals with intersectional identities and lifestyles, not just people who go to school/college.
Young Person's Voice “ Many of the Young People we spoke with felt that the new wasproblemswasSENDsuggestedpracticecausingmorethanitfixing”
By Melody Powell (She/They)
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Representation within the curriculum was another critical point we hoped to see a demand for. Relationship and Sex education does not even cater to Disabled Students, yet there was no mention of this being discriminatory within the review. How will we ever have an inclusive and diverse society if Young People are only represented if they are cis-gendered heterosexual white non-Disabled people? If singular identities fail to be represented, there does not appear to be any chance of us seeing our intersectional lives and identities being embraced. It was mentioned in the Green paper that more effective training needs to be given to school staff, but will Young Disabled people and Disabled Peoples Organisations be involved in delivering this training? If they are not involved, how can we be sure staff are taught skills that improve the experience of Disabled Students in education. We would all love to see more of the Social Model of Disability and less of the Medical Model being used in Education and SEND practice, as currently, we feel reduced to nothing but problems in need of Fortunately,fixing.there are schools that have good SEND practice, yet the review did not mention any of those examples. How are we to develop a strong and sustainable SEND framework if we do not highlight the positives and adopt the strategies that work?
Young People were hoping this SEND review would address the variety in what support you get at school/college, depending on where you live, and offer a strategy to avoid this postcode lottery. However, instead, it was just suggested that the support provided would be broken down into a tiered system, possibly causing further discrepancies in the support offered depending on where you fall on the scale. In addition, this medicalised categorising will negatively impact how Disabled Young People are perceived by peers, a problem that students want to improve, not exacerbate. With everything in the media over the last few years about the importance of positive mental health, we all thought it was a given that Disabled students' Mental Health would be a large part of this review. But again, as this is not a core education issue, it does not seem to have been deemed important enough to discuss in detail.
It is not a race to see who the best school for Disabled students is; it is about creating an inclusive society where Young Disabled People are empowered, educated and equal.
"Hideous process fighting for your own child"
A Conversation with Parents of Disabled Children.
Parent voice
SEND processes and bureaucracy are particularly challenging for parents, with reports not being provided in advance of meetings, recommendations lacking specificity, emails and phone calls going unanswered, lack of attendance from key professionals, and poor or even illegal practice from local authorities. One parent described a sense that professionals follow generally follow protocol, but when it comes to SEN it ‘doesn’t matter’ what the law states. They described an opaque and hostile process that many parents find difficult to challenge, leaving them feeling powerless.
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One of the clear aspects that is evident from this inquiry is the emotional demands placed on parents when attempting to secure an inclusive education for their child. There is an ‘emotional rollercoaster’ that has a wider impact on the whole family and also the parents’ mental health and their ability to maintain meaningful employment themselves. One parent described how they move ‘from these extreme highs when, you know, your child achieves something to these extreme lows when you have to sit down and detail, you know, all the things that they're not good at and the things they can't do and the things that they do wrong and the problems they have’.
Over the last year, I have been in conversation with seven other parents of Disabled children, in which we have discussed parenting a Disabled child, experiences of educational inclusion and exclusion and their hopes for their child’s education. The aim of the research was to recognise tensions, contradictions, messiness, and complexity when discussing inclusive education, rather than necessarily being able to find a neat solution.
By Sharon Smith
As my daughter, who has Down syndrome, approached secondary school, I was keen to take time to explore my views on inclusion but also to try to find out what influenced my hopes and expectations for her education. As a result, I returned to study and undertook an Education Studies degree at the University of Winchester, following the Special and Inclusive education pathway. Fast forward eight years, my daughter has finished her first year at college and I am still exploring ideas relating to education and inclusion, but now it is through a doctoral research inquiry.
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• Flexibility within the curriculum, teaching approaches and the pace of lessons.
Parent voice Parents also described teachers who claim to have no time to differentiate work, who ask children to repeat the same work that they are already struggling with, rather than find new ways to teach the content, who are rigid in the order the curriculum is followed, rather than building on topics their child enjoys and who rely on textbook descriptions about a diagnosis, rather than getting to know the child stood in front of them.
• Professionals with a ‘can-do’ attitude.
• Whole school community relationships: headteachers, teachers, teaching assistants, children and parents of other children in the school all need to work together to make inclusion happen. Everyone has a role to play.
• Professionals who understand and meet their statutory duties.
"The people around him, really care about him, really want to make it work, really work very hard" The parents involved in the research inquiry also provided examples of when positive inclusive practice had taken place and what made a difference – frequently it was individuals who were wanting to ‘make it work’ and therefore were willing to go ‘above and beyond’ and who would take their child under their wing. One parent described her son’s inclusion in a school nativity play, which was facilitated by a teacher who incorporated her son’s interest in babies and things that dangle, and she cast him as Joseph, holding a baby and a dangly star. The mother described how the teacher put her faith in her son and found a way for him to be able to participate fully in the school play.
As a result many of the parents involved in this inquiry felt it necessary to become familiar with legislation so that they can ‘throw law around’. One of the parents described how it was ‘like doing a degree’ given the level of intensity and depth of research that is required to understand the complex system they are having to engage within. However, this was not the type of relationship that they wanted to have with either the school or the local authority.
Through our conversations, the parents involved in this inquiry identified a range of factors that are needed to encourage more inclusive relationships, namely:
• A recognition of the child’s strengths and interests.
• Being a valued member of the school community, finding ways to ensure Disabled children are educated with their peers, that support is put in place to support friendships to flourish and that children are included in all school activities including trips, extra-curricular clubs, sporting events and school performances in a meaningful way.
"Inclusive education can be different things to different pupils and different teachers. It needs to be individualised"
Whilst recognising that structural issues such as education policy, national curriculum, accountability measures and funding remain problematic for the inclusion of Disabled children within education, these experiences demonstrate that often it is the human relationships within the setting that can shape the experiences that Disabled children and their parents have. It is possible to be creative and find ways to include children in a meaningful way despite the systemic barriers to inclusion that might exist. We all have a responsibility to work together to make this happen.
• Timely and detailed communication: so that families can feel informed about what their child is doing in school, their progress and how they are being included, and so that families can discuss their concerns or contribute their knowledge about their child. Time needs to be spent discussing how best to communicate with families, rather than assuming a one-size-fits-all approach.
Relationships with school leaders and teachers were of vital importance. Indeed, often when inclusion started to break down it was because of a change in school leadership or a key member of staff leaving, or at a transition stage, for example the move from Key Stage One to Key Stage Two, where education becomes more demanding, and expectations are raised. Inclusion is incredibly fragile and is currently reliant on the willingness of the individuals involved.
3. The current system does not provide value for money.
In brief it advances a pro-segregationist education system, a service-driven framework, suggesting that Alternative Provision be part of an already fragmented and segregated state system of education. Many Disabled people, including Young people, parents, and education professionals participated in ALLFIE’s SEND Review consultation events. There are a number of themes the review covers.
Here is a snapshot of what you can expect from ALLFIE’s response to this review.
According to the SEND Review, there are 3 key challenges:
For many years we have known that outcomes for Disabled Young people and children have been poor, even though their aspirations compared to their non-disabled peer group are the same. It has been the case that navigating the SEND is negative, and that segregating Disabled Young people and children has always been a waste of money, not only in economic terms but also in social and cultural terms.
SEND Review consultation
10 Campaign news
The SEND Review suggests a digitised EHCP process, and proposes to introduce an inclusion dashboard, which is expected to monitor how the system is performing across education, health and care.
SEND Review: Wrong support, wrong place, wrong time, and wrong direction!
Over numerous years, we have also known that parental choice has been a convenient strategy for the UK Government to avoid its obligations to meet the progressive realisation of Inclusive Education. This consultation is it at odds with the Children and Family Act 2014 (Section 34, specifically the presumption of mainstream education), the Equality Act 2010, and the UNCRPD (2006), in particular Article 24 on Inclusive Education. It also omits to acknowledge intersectional experiences, and children's rights.
Navin Kikabhai, ALLFIE Chairperson, summarises SEND Review findings
You will without doubt be aware that ALLFIE has been holding consultation events with different audiences about the recent SEND Review. This is in response to the current government’s consultation document ‘SEND Review, right support, right place, right time’.
1. The outcomes for SEND learners are poor 2. Navigating the system is not positive
11 Campaign news
The SEND Review is also looking for metrics to measure local and national performance, obsessed as governments are with a standards agenda. No mention is made about measures for social justice. There are other concerning proposals as well. There are many things wrong with this SEND Review. Given recent government turmoil, its inability to function and the obvious infighting, between the wannabe next Prime Minister, it seems that the SEND Review has ended up as being the wrong support, in the wrong place, and at the wrong time! Expanding an already fragmented education system is not the direction in which to pursue our obligations under the UNCRPD (2006). Many disabled young people are systematically excluded, the role of academies have only perpetuated and made familiar the segregation of disabled young people and children. Education Ministers will also come and go, their commitment should be to ensure education is inclusive, accessible and enabling spaces free from inequality and discrimination.
It is the case that the EHCP process is a service, categorical and needs-based driven process. What is needed is a children-focused process, based on Disabled young people and children being involved in the decision-making process, framed around a children’s-rights framework. There are also proposals for developing post-16 provision. What is found is that further education providers continue to segregate disabled learners in discrete provision offering so-called inclusive learning courses. Proposals for a SENCO training qualification at Level 3 (A-level) is suggested, when previous this was set at Level 7 (postgraduate). Effective SENCo training requires far more insight that what is being proposed. Currently, SENCOs have to contend with a hostile educational environment some effectively working with colleagues to ensure positive learning experiences. Many are performing multiple roles. At its worst much of the existing training perpetuates the medical model and category-based understanding of disabled young people and children’s experiences. Reducing the level of understanding will only perpetuate frustrations on all sides. With regard to Alternative Provision, there are young people who have been left abandoned, without any service accountability. Children, young people with and without EHCP are often in one-to-one sessions. Individuals adults do not require any formal teaching qualifications, young people are not required to follow the National Curriculum. There is, as there is with Pupil Referral Units, an overrepresentation of Black and minoritized young people in these settings. Of course, there is money to be made – Alternative Provision is expensive, so much for ‘value for money’!
Government SEND Review: “Advances a pro-segregationist education system, a service-driven framework, suggesting that Alternative Provision be part of an already fragmented and segregated state system of education”
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Dr Victoria Bamsey and Dr Suanne Gibson, lecturers at the University of Plymouth, explore the development, rollout and impact of a new model of Inclusive Education (IE) practice they co-created in response to the Covid-19 pandemic, and consider what the new tool can add to the international debate
Introduction
The Covid-19 pandemic has had a significant impact on daily lives for families across the world with many children, particularly those with special educational needs and disabilities (SEND), falling further behind their non-disabled peers in their learning. National lockdowns and the interruption of traditional education relationships and practices along with the pressures on families to home educate has meant that many children have not been able to access education either in the classroom or at home.
Inclusive
Inclusive education during a pandemic: A collaboration between two countries
By Dr Victoria Bamsey and Dr Suanne Gibson, University of Plymouth practice
Enabling learning at home (ELaH)
The pandemic has further exacerbated this trend with national lockdowns in many countries forcing school closures and shifting the role of educator from teacher to parent, and to take on wider social issues. Evidence on a global scale, highlights the negative impact on children’s learning in terms of their friends and Despitethriving.a
means all children (disabled and non-disabled) receiving their education together as a part of equitable and fair provision. Whilst we know that in certain situations inclusive education may present as individualised, we believe in the need to continue pushing forward for full, fair, effective and free inclusive education for all our learners. This project and the inclusive education tools that developed, emerged from that shared philosophical and political position.
Whilst the option to home educate worked for some, it presented a significant challenge for many and raises a question on the practice of Inclusive Education during the pandemic. The crisis in location of, and resource for, inclusive education provision was further compounded with increasing numbers of young people and families developing mental health challenges and needs over this period, high levels of which Inclusiveremain.Education
Inclusive practice
By May 2021 the impact of the pandemic on families with Disabled children in England and Malaysia was significant. In Malaysia children under the age of twelve had been unable to leave their homes, and for several months, parents became responsible for their child’s education at home without the specialist support they had been used to. The support they were able to access varied depending on the educational setting a child attended, their locality and culture. Even where schools
Inclusive Education
For many years inclusive education has been widely debated by policy makers, practitioners, academics and campaigners, dependent on context and time. As a discourse, inclusive eduction emerged from the international disability rights and other related equality movements in the 1980s and 90s such as the UN Convention on the Rights of the Child Sources such as the Centre for Studies on Inclusive Education place the emphasis and practice of inclusive education with that of human rights and equality. Where there are barriers preventing the integration of Disabled children within schools, the ideals and policy of inclusion emphasise the need for change.
Inclusive education is now key to developments in equal access and social justice for minoritized groups in education and society and in relation to WhilstSEND.the role of families in inclusive education is core to inclusive provision, such as within English policy, the practice and impact of providing effective and meaningful responses to parental voice and to the development of fair and full provision is debateable and inconsistent. Meanwhile in Malaysia the launch of a ‘Zero Reject’ policy in 2019 has made inclusive education a relatively new phenomenon and for the first time mainstream schools are expected to create an inclusive learning environment for everyone. Of interest is the focus on education within schools neglecting to consider the education that takes place in homes, communities and during school closures. Many families feel that they have been failed by the education system and this is leading to increasing numbers of families choosing to educate at home.
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family’s desire to support the educational needs of their children at home; capital, working commitments and routines present regular barriers for parents. For many online education during school closures was hindered by infrastructures, with barriers including inaccessibility and unavailability issues and digital exclusion. These matters have all contributed to international concerns regarding the changing place and impact of inconsistent inclusive education for Disabled learners and their families. The impact of the pandemic and the move to home education brings into question what inclusive education looks like in practice outside of the school gates with families asking: how can we best meet our children’s learning needs? How do we ensure their effective development and success? What tools can be provided for us at this time?
Whilst this was a pilot project, the home learning pack provided a rich source of activity for children supporting their learning at home with the use of familiar resources. Parents and children felt more confident and empowered in their learning, able to recognise what they could do rather than what they could not. Home learning became playful, enjoyable and above all accessible providing a bridge between learning at home and learning in school.
Inclusive practice provided online lessons or sent home worksheets not all families were able to access learning in this way. In practice the educational disparity between the rich and the poor, Non-disabled and Disabled children widened and in England this was by as much as 36%. The right for Disabled children to have equal access to education is set out in Article 24 of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), yet the pandemic brought barriers to education for Disabled children and young people that had not been foreseen and were not addressed in many Inorganisations.response to these increasing concerns, researchers in England and Malaysia collaborated to develop a pilot home learning pack for primary school aged children in partnership with educational settings and families. The aim was to make home education accessible for all in a way that complemented any school learning transferred home, and to support the transition back to school after lock-down.
Shifting the landscape of inclusive education
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this baseline evaluation a home learning pack was developed that could be accessed online or via a folder of pdf ‘cards’. The areas of need provided a structure whilst recognising that learning aimed at one area of need would inevitably support a child’s learning in other areas. Everyday materials and activities became an opportunity for learning from socks to kitchen utensils, shopping and cooking. Each activity was carefully designed to consider cultural differences between England and Malaysia (the cat as a favoured pet in Malaysia, avoiding yellow as this was a colour for royalty). In total 18 activities were designed and families were encouraged to choose activities that followed the child’s interests and developmental stage. After the home learning packs had been trailed a further evaluation highlighted a particular interest in activities supporting social and emotional wellbeing as well as physical and sensory needs.
While all of the activities were designed to be fun and engaging those that provided the most enjoyment were the sock puppet activity, tracing game, family tree, playdough and ‘what comes next’; the activities that gave the parents the most confidence in their role as home educator were ‘what is important to me’ and ‘printing with food’.
The project started with a consultation to gain insight into the potential barriers and enablers for home learning, with three educational settings in England and Malaysia, 14 practitioners, 11 parents and 6 children. Of note was the similarity between English and Malaysian responses: a need for easily accessible materials that could be completed at home and that would support children’s development across four broad areas of need: 1. Communication and language 2. Social and emotional well being 3. Physical and sensory needs 4. DrawingCognition.on
This collaboration between colleagues and families in England and Malaysia adds to the growing academic field of inclusive education in exploring educational choice, user empowerment and what this means for families, practitioners and policy. The pandemic has raised an important issue for inclusive education that extends beyond the classroom to include the community and the family home. Families that are not able to access school still have a right to an equitable education, and to uphold their right, educationalists need to reach out beyond the school gate. This home learning project has highlighted the importance of empowering parents and children in their learning at home, the need to value the knowledge acquired outside of school in spaces and places not traditionally thought of as educational. It is only by doing this that we can begin to make all education inclusive for all children.
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©Steven Lee Hodgkins/ALLFIE 2022
This Inclusion Champions project report is an important resource for building capacity in Disabled Peoples' Organisations (DPOs), as well as the wider inclusion movement. It addresses campaigning for Inclusive Education as a human right and social justice issue, in line with ALLFIE's SEND Review consultation and submission, as outlined by our Chairperson (on page 10).
Inclusive practice Capacity Building DPOs
Inclusion Champions Report
SENDing us up? Dave Lupton Review
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by
SEND
17 SEND Review
This Legal Question was posed by ALLFIE’s Simone Aspis. It was answered by Lisa Morris, Trainee Solicitor, Education, supervised by Lucy Atherton at Simpson Millar Solicitors.
18 Legal Question “I am a Disabled student and have Autism Spectrum Disorder (ASD). I’m currently studying a Bachelors’ Degree in Business Studies. For the Business Development module, myself and fellow students must form teams to develop a feasibility study for a chosen business idea. I find working in groups very distressful and unbearable, so have asked my university for a disability related reasonable adjustment – to be allowed to submit my feasibility study as a sole trader as this is the type of business I want to run. What is my legal position?" The duty to make reasonable adjustments requires education providers, such as the University at which you are undertaking the course, to take positive steps to ensure that Disabled students can fully participate in the education and enjoy the other benefits, facilities and services provided for the students.
This would include an assessment to examine whether you have obtained the relevant skills from your course, such as an examination or a case study. The University will not be required to make any reasonable adjustments to the application of a competence standard. Whether the competence standard would apply in this scenario depends on the skills which the study is designed to assess. The requirement that the study is completed in a group would not be a competence standard unless the competence being tested includes the ability to work in a team. You would also need to consider whether the specifications of the study exclude sole-trader business, as it could be a competence standard if the purpose is to assess understanding of other types of businesses.
If the skills being assessed amount to a competence standard and you must complete the study as part of a group, the University will still be subject to the duty to make reasonable adjustments to the process by which the competence is assessed. Therefore, it would need to consider whether or not a reasonable adjustment could be made to some aspect of the study to accommodate the distress experienced by working in a group, without removing the requirement to work as a team. For example, this may include allowing contributions to take place remotely rather than in-person, if this would reduce distress caused.
Section 20 (3) Equalities Act 2010 sets out a requirement, “where a provision, criterion or practice of the University puts a Disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not Disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage”. In this situation, the argument would be that the provision to work in a team to partake in the feasibility study would place a student with a diagnosis of autism, who feels distress at working in groups as a result of this, at a substantial disadvantage in comparison to students who do not have this impairment. This would appear to be a clear disadvantage caused to the Disabled student. Where the duty to make reasonable adjustments arises, the University cannot justify a failure to make a reasonable adjustment. However, the law does place specific restrictions on the duty in relation to further and higher education institutions, such as the University, and maintained schools providing further education. One such restriction arises where the matter involves a competence standard, which is an academic, medical, or other standard applied for the purpose of determining whether or not a person has a particular level of competence or ability.
This magazine is published by:
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.
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.
Inclusive Solutions
World of Inclusion
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.
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.
Tel: 0115 9556045 or 01473 437590 Email: inclusive.solutions@me.com Website: inclusive-solutions.com
Basement, 78 Mildmay Grove South, London N1 4PJ Tel: 020 7359 2855 or 07715 420727 Email: rlrieser@gmail.com Website: worldofinclusion.com
The Alliance for Inclusive Education (ALLFIE)
In collaboration with:
ALL MEANS ALL 336 Brixton Road, London SW9 7AA Tel: 020 7737 6030 Email: info@allfie.org.uk Website: www.allfie.org.uk
