NNATPIP Annual ConferencePolicy and Research Update :

Where are we with developing disability equality?

Richard Rieserwww.worldofinclusion.com

Who are disabled people?• Disability Discrimination Act Definition of

disability • 1. “A person has a disability if he has a

physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.” - Part 1, Para. 1.1.

• For the purposes of definition, ignore the effects of medical or other treatments or aids and appliances.

Primary

Sec. Special

Total

SpLD 33,210 43,020 850 77,090

MLD 85,000 66,620 20,340

171,960

SLD 5,390 2,730 21,010

29,130

PMLD 1,270 350 7,440 9,060

BESD 58,150 77,659 13,240

149,040

Sp.LCom.

74,570 17,500 3,860 95,920

VI/HI/MS 11.060 9,550 2,670 25,950

PD 12,420 8,570 4,430 25,470

ASD 19,410 13,690 14,200

47,300

other 12,090 14,270 650 22,000

Total 312.7k

254k 86.9k 655.5.

PLASC Data England 2008 by type of school & impairment School Action

365,13018.4% of all secondary pupils485,260 primary pupils 19.2%

+Those with Medical Needs- e.g. Diabetes,Asthma, Allergy

+Those with Mental Health Issues e.g.DepressionEating DisordersSelf- Harmers

Part 1: definition of disability

Part 2:employment

Disability Equality Duty

Part 3: services

Part 4: education

Part 5A:Disability equality scheme

Single Equalities Bill 2009

Duty to Promote Disability Equality

Eliminate unlawful discrimination

Promote equality of opportunity

Eliminate disability related harassment

Promote positive attitudes towards disabled persons

Encourage participation by disabled persons in public life

When carrying out their functions public authorities must have due regard to the need to:

The use of positive discrimination if necessary

Every state school needs a Disability Equality Scheme to show how implementing this duty. Secondary from Dec 06 Primary Dec 07

Disability Amendment Act 2005

Guiding Principles Disability Equality Duty

1. Proportionality- balance other needs and factors

2. Effectiveness-it works3. Involvement- local disabled people, staff

and service users4. Transparency- process can and

expenditure be easily tracked 5. Social Model of Disability thinking to

ethos and all policies , practices and procedures…

Disability Equality Scheme• How the school will implement General Duty?• Engagement with disabled people in production, setting targets

and monitoring of the scheme.• How it meets with the strategic priorities of the school. ?• How the school will collect and analyse data e.g.: - achievement of disabled pupils, - exclusions, - staff recruitment and promotion?• Impact assess the policies, practices and procedures on disabled

people. • Identify key outcomes put in Action Plan• Revisited yearly• Revised every three years- Secondary Autumn2009.• Must be displayed on Local Authority website (Lamb April 2009)

What has been happening with school DESs ?

• MENCAP study 40 schools from 9 LAs only 7 provide a scheme or draft on request and only 1 met legal requirement and 1 on website.

• DEE carried out research for Secretary of States Report. Analysed 50 primary and 26 secondary schemes against legal requirements. None met all legal requirements but 3 primary and 1 secondary were reasonable. Most had been copied from templates

Analysis of 50 Primary Disability Equality Schemes against Evaluation Tool.

A score of 50 would mean the school was fulfilling its statutory obligations.

Key points from analysis of schemes• Most schemes were inadequate• Process is more important than a finished scheme• Engagement of disabled children and adults is the key• Systematic approach to impact assessment led by SMT• Most schemes in ‘silo’ rather than connecting to other

policies and procedures• Position of disabled staff too often not taken into

account• Few schools analysed data• Schools had difficulties with engaging• Procurement was not included in the main• Few linked to capital budget and Building Schools for

Future• Few used a ‘Social Model’ approach to disability

Existing Duties• The school duties are laid out in a Code of Practice

for Schools www.equaalityhumanrights.com/en/publications andresources/disability/pages/education.aspx

• Makes it unlawful to discriminate against disabled pupils and prospective pupils in admissions, in education and associated services and in exclusions;

• Duty not to treat less favourably• Reasonable Adjustment Duty• Requirement on schools to develop an access plan• SEN and Disability Tribunal, order apologies and

make orders (but not impose fines).

Eliminating Unlawful Discrimination• Report did not ask enough about the Reasonable

Adjustment Duty. Too many schools are in breach of the Duty.

• SENDIST has found against schools on:-• assumptions about disabled pupils• risk assessments• administration of medicines• school trips• behaviour related to disability• bullying and isolation from peers• access to the curriculum• admissions

3.Detriment of disabled pupil

2.Factors to be taken into account

1.General Duty to anticipate in making Reasonable Adjustments to Policies, Practices and Procedures

4. Reasonable Adjustments for individual disabled pupil.

Duty to Promote Disability Equality

Reasonable Adjustments for Behaviour Difficulties

• Differentiated Behaviour Policy• Positive Behaviour Policy• Pupil Involvement in Developing the Policy• Where pupil may be disabled extra loop in

policy• Early Intervention• Peer Support• Involvement CAMHS• Whole school and consistent approach

School Trips

• School Policy- all entitled to go attend the trip • Pre-visits by staff to check Access• If not OK consider changing venue• Check Transportation to Trip• Exclusion from trip should not be used as a

punishment• Provide the right support• Plan well ahead.

Risk Assessment

• Identifying Risks is only first step.• Under Reasonable Adjustment Duty must then

see what reasonable adjustments can be made• Cannot have blanket policies• Each disabled person must be examined in the

particular circumstances of the particular situation.

• E.g. Manual lifting and fire evacuation of ambulant impaired.

Disabled Children and Bullying• Twice as likely as non-disabled children to be bullied-

Children’s Commissioner Dec 2006• 82% of children and young people with learning

difficulty in UK are bullied-this is 280,000 children. MENCAP-Don’t Stick It Stop It 2007

• Disabled Children are 9 times more likely to be excluded than non disabled children DfES 2004

• 62% of disabled pupils had been bullied, 19% daily or weekly and 38% at least once per month.

DEE in work for DCSF in July 2008• 70% of disabled pupils claim to have experienced

bullying at school. DCSF Sec States Report Dec 2008

Elimination of Disability Related Harassment

• The SoS Report says over 70% disabled young people report bullying compared to 30% of non-disabled.

• [http://209.85.229.132/search?q=cache:thWyY-3ryzcJ:www.dius.gov.uk/publications/documents/Corporate/Equality%2520and%2520Diversity/D]

• Bullying is, and is perceived to be, a significant barrier for disabled children and young people. DCSF guidance on reducing and responding to bullying of disabled children, published in 2008, has been widely welcomed.

• [http://www.teachernet.gov.uk/_doc/12626/7655-dcfs-anti-bullying.pd]

Bullying and Disability What needs to be done!

• Create a school culture that does not accept bullying-Respect

• Monitor and record all incidents.• Develop an understanding of oppression and its impact

historically.• Develop an understanding of what disabilist bullying

leads to.• If an incident occurs stop the lesson to discuss it• Fully involve pupils-peer mediators, bully busters,

Form and Year Councils• Staff to model the behaviour they expect• Share what you are doing with local community and

parents.

•Have you ever experienced bullying •at school Yes 64.5% No 35.5%

If Yes, how often?•Every day 19.5%•More than once a week > 18%•More than once a month>•More than once a year > 18%•Hardly ever >

123 Disabled Pupils answered Individual Questionnaire in July 200810 Locations including pupils from 5 special schools 5 primary schools , 2 secondary academies and14 secondary comprehensive schools.

Variability over 10 locations RangeEvery Day 0% to 50%More than monthly 0% to 38% Less Frequently 0% to 50%

Hate Crimes against disabled people are more common than you think! 20 people killed in the last 2 years. 47% disabled people report harassment in

the streets.

Kevin Davies who had epilepsy was kept in a shed for four months until he died/Wigan

Craig Robbins had learning difficulty and was viciously attacked leading to brain damage by three people- Wales

Raymond Atherton a man with learning difficulties repeatedly attacked and eventually killed by 2 teenagers after months of torture . Warrington

Rikki Judkins with Learning Difficulties beated to death by two teenagers when visiting Lancaster

CHILD DEVELOPMENT TEAM SPECIALISTS

GPs

OCCUPATIONAL THERAPISTS

SPEECH THERAPISTS

BENEFITS AGENCY

DISABLED PEOPLE AS PASSIVE RECEIVERS OF SERVICES AIMED AT CURE OR MANAGEMENT

SHELTERED WORKSHOPS

DOCTORS

TRAINING CENTRES

SPECIAL SCHOOLS

EDUCATIONAL PSYCHOLOGISTS

SPECIAL TRANSPORT

SURGEONS

SOCIAL WORKERS

The dominant view is the Medical Model.

The Social Model of disablement focuses on the barriers

DISABLED PEOPLE AS ACTIVE FIGHTERS FOR EQUALITY WORKING IN PARTNERSHIP WITH ALLIES.

LACK OF USEFUL EDUCATION

INACCESSIBLE ENVIRONMENT

DE-VALUING

PREJUDICE

INACCESSIBLE INFORMATION

INACCESIBLE TRANSPORT

‘BELIEF’ IN THE MEDICAL MODEL

POVERTY

SEGREGATED SERVICES

DISCRIMINATION IN EMPLOYMENT

MEDICAL MODEL THINKING SOCIAL MODEL THINKING

Child is faulty Child is Valued

Diagnosis Strengths and Needs defined by self and others

Labelling Identify Barriers and develop solutions

Impairment becomes Focus of attention

Outcome based programme designed

Assessment, monitoring, programmes of therapy

imposed

Resources are made available to Ordinary services

Segregation and alternative services

Training for Parents and Professionals

Ordinary needs put on hold Relationships nurtured

Re-entry if normal enough or Permanent Exclusion

Diversity Welcomed Child is Included

Society remains unchanged Society Evolves

Medical and Social Model Thinking applied to education[1]

[1] Adapted from Micheline Mason 1994, Altogether Better, Comic Relief & R. Rieser 2000

An analysis was carried out that allocated the barriers identified by the disabled young people to one of seven themes, as shown above. 182 barriers were identified by the participants these were grouped in descending order.

Making Reasonable Adjustments for disabled pupils

• Sent out 9000 schools. Received nearly 400 nominations

• 54 LEA’s nominated schools• Chose a mix of schools• Visited 41 schools for filming-3DVDs & CD Rom• Gained many examples of reasonable

adjustments• Now available 1 free copy per school. You have

to send & for it. Implementing the Disability Discrimination Act in Schools and Early Years

• Ref 0160-2006DOC-EN Tel. 084560 222 60• Online www.teachernet.gov.uk/publications

Factors that support the development of good inclusive practice

• vision and values based on an inclusive ethos• a ‘can do’ attitude from all staff• a pro-active approach to identifying barriers and finding practical

solutions• strong collaborative relationships with pupils and parents• a meaningful voice for pupils• a positive approach to managing behaviour• strong leadership by senior management and governors• effective staff training and development• the use of expertise from outside the school• building disability into resourcing arrangements• a sensitive approach to meeting the impairment specific needs of

pupils• regular critical review and evaluation• the availability of role models and positive images of disability

Promote positive attitudes towards disabled persons

• Recommendation to QCA to bring social model and disability into the curriculum and consider having a disability week. Start yourselves now

• Recent study from the Children’s Society show while covered in PHSE/Citizenship quite widely not in all curriculum areas.

• All School staff need Disability Equality Training and pupils assemblies delivered by disabled people.

Promoting Positive Attitudes to Disabled People

• Make sure disability is covered in a positive way in all parts of the curriculum. e.g. Art, History, Geography, Science

• Gather examples from national press and media –use in displays

• Relate to TV –Pete on Big Brother-Tourettes• Alison Lapper Trafalgar Square• Help pupils critiques stereotypes English• Use a social model approach-identify barriers• Examine ethical issues from a human rights perspective • Ensure hidden curriculum is disability friendly• Challenge disabilism• Develop strong self esteem in disabled pupils• Examine ideas of Universal Design in ICT and D&T

Gradients-What is the right angle for as wheelchair?

Too steep-dangerous

Too gentle-tiring

Answer -Between 1 in 20 and 1 in 12

School Action Plus Pupils With Stat ement

Impairment %Level 2 or below

%Level 4 or above

Pupils Eligible

%Level 2 or below

%Level 4 or above

Pupils Eligible

Specific LD 23 33 8,331 58 15 1,103

MLD 34 20 14,547 82 5 3,935

SLD 56 12 439 94 1 2,099

PMLD 52 24 21 97 1 567

BESD 16 50 8,703 42 29 2,785

SL Comm D 27 31 3,597 55 19 2,335

HI 10 64 547 43 33 509

VI 8 67 312 27 53 316

MSD 19 53 32 65 26 43

PD 12 62 653 44 35 1,176

ASD 13 65 940 52 30 2,852

Other 22 39 1,662 52 24 238

Sch. Action 8 52 78,053 - - -

No SEN 1 92 431,606 - - -

KS 2 English Attainment by Impairment Group and amount support 2007*

* Maintained schools only. Source DCSF 2008 Attainment Table 73

School Action Plus Pupils With Stat ement

Impairment 5+A*-C 5+A*-C +E & M

Any Pass 5+A*-C 5+A*-C +E & M

Any Pass

Specific LD 23.3 10.4 95.9 13.9 3.9 93.7

MLD 8.0 2.0 91.3 1.9 0.4 91.6

SLD 7.1 x 88.2 0.7 x 29.7

PMLD x x x 0.0 0.0 11.4

BESD 13.7 7.4 85.4 5.1 2.5 80.8

SL Com D 22.7 10.8 96.4 14.2 5.4 95.5

HI 49.3 35.4 98.2 28.2 16.2 97.4

VI 47.7 31.5 97.2 46.7 31.9 95.5

MSD x x 88.2 x x 77.8

PD 42.7 28.6 95.4 26 15.9 88.0

ASD 41.7 27.8 96.4 22 13.1 87.7

Other 25.1 15.0 91.3 14.3 7.9 91.4

No SEN 68.7 53.9 99.1

KS 4 Attainment by Impairment Group and amount support 2007*

*Maintained schools only. Source DCSF 2008 Attainment Table 74

1.The School Building 2. Playtime3. School Dinners4. Assemblies5.School Trips6. PE and Games 7. Lessons8.Teachers9.Teaching Assistants 10.Other Children11.Lessons12. School Council13. School Clubs 14. Corridors

Getting the views of disabled pupils including non-verbal pupils.

Area of the school Excellent Good Not so Good Bad

The School Building 25% 40% 10% 25%

Playtime 33% 39% 16% 12%School

Dinners 17 % 24.% 15 % 44%Assemblies 17% 31% 15% 37%

School Trips 47% 21% 9% 23%

PE and Games 29% 43% 12% 16%Lessons 24% 36% 8 % 32%

Teachers 19% 46% 5 % 30 %

Teaching Ass. 40% 39% 7% 14%

Other Children 22% 28% 18% 32%

School Council 37% 5% 29% 29%School Clubs 25% 25% 26% 24%

Corridors 8% 15% 17% 60%

As a disabled person what do you think of....

New Developments• Achievement for All pilots £32m-bottom 25%• OFSTED from September equality and the progress

of disabled /SEN children will be a limiting Grade• Aiming High Disabled Children every LA money for

short term breaks. How used?• All Schools SEN policies and DES with Accessibility

included published on website• National Strategies to monitor and publish reports.• SEF be explicit SEN& Disability• All SIP in mainstream receive training SEN/Disability• Communication and engagement with parents

Extending Inclusion Access for disabled children and young people to extended schools and children’s

centres: a development manual CDC 2008Barriers Identified • Consulted with range of parents and disabled young people in 2005/2006• Lack of information to parents• Lack of appropriate staff training• Lack of flexibility in transport• Attitudes• Funding-partly now addressed by Aiming High for Disabled

Children• Physical barriers – competing impairment needs, clutter, parking• http://publications.teachernet.gov.uk/eOrderingDownload/CDC-

00186-2008.pdf

Extending Inclusion :Solutions• Information about what provided, safety, who to contact and images of

provisionTinsley Children’s Centre in Sheffieldincludes a number of disabled childrenwith a range of impairments and medicalconditions. The Centre uses a discussionof risk assessments around children’smedical conditions to both engage andre-assure parents about the ability of theCentre to provide for their child. Oneparent, who was originally very reluctantto leave her child and thought she wouldhave to give up work, is now leaving herchild at the Centre.

Extending Inclusion :SolutionsWelcoming Attitude and EthosBroomhall Nursery School and Children’sCentre in Sheffield promotes a positivewelcome for all children and an ethosthat says ‘can do.’ Staff have developedskills in making reasonable adjustmentsfor children with autistic spectrumdisorders (ASD), attention deficithyperactive disorder (ADHD), hearing andother impairments. Links with theFootsteps early intervention ASD team,the Portage team and the hearingimpairment team have been crucial tothe development of staff skills, but thestarting point is the Centre’s commitmentto welcoming all children.

Recognising that more detailed planning is needed to achieve inclusion, summerscheme provision and term-time clubs inBradford have specifically targeteddisabled children and children withcomplex health needs. Schemes workclosely with care, education and healthservices to establish safe protocols thatpromote the child’s engagement onactivities. Parents are involved so that theprotocols reflect their preferences. Thesummer schemes were developed inresponse to parental demand and placeshave increased

Extending Inclusion :Solutions

Torbay has developed ‘holiday buddy scheme’. This brings together children aged 5 –12 attending the local mainstream playschemes with children attending the ‘special needs playscheme,’ in preparation for all the children attending the same playschemes.

Extending Inclusion StaffingA mother told us that her son has anautistic spectrum disorder. He travels froma special school to after school provisionat a mainstream school near his home.The after school provision has anadditional member of staff to support anumber of disabled children who attendthe provision. On arrival, the boy isgreeted by the member of staff, whostays with him until he has settled in andis clear about the activities available thatevening. The member of staff thengradually steps back as the boy joins in hischosen activity.

Extended day provision, run by a voluntaryorganisation, has enhanced staffing toreflect the high number of disabled pupilswho attend. Many children who attenddo need individual support at timesduring the session, some need itthroughout. The provision operates a keyworker system, but this does not meanthat it is the key worker who spends thesession with a particular child. Thisapproach means that all staff work withall children and, in the event of staffabsence, there is no question about the

attendance of an individual child.

Extending Inclusion: Training, staff development and support

There are layers of skill and expertise thatcontribute to the inclusion of disabledchildren. There are:

■ skills that staff draw on all the time, forexample: observation, behaviourmanagement, inclusive play, working withparents. These are skills that staff draw onin their work with all children, but more sofor disabled children;

■ more specific skills that some staff needand draw on from time to time, forexample: alternative methods ofcommunication, moving and handling;

■ individual techniques for use withparticular children, for example: theadministration of a particular medicine, aparticular method of communication or aparticular feeding technique.

Brighton Voluntary Organisation ‘extratime’ runs extended day provision and trains all its staff in some core areas, including: child protection; lifting and handling; a range of aspects of inclusive play: planning, observation, team work, disability awareness; general approaches to behaviour management; communication methods; working with parents and carers; key working. More detailed training is then provided on particular aspects. Depending on the children and young people attending the provision, this might be in the administration of particular medication,the use of particular communication methods, a particular approach to preventing or managing challenging behaviour.

Solutions Transport & FinanceThe London Borough of Tower Hamlets runs an award-winning independent travel training scheme for children with special educational needs. Individual programmes are devised and, after training, many children are able to travel to school independently either by walking or by using public transport. In two years the scheme has trained over

100 children.

St Chads is commissioned to provide before- and after school care in Gateshead. These services are fully inclusive and disabled children with a range of needs use them. One service offered is a walking bus from the centre to local primary schools at the start and end of the school day.

Enfield considers that there is no one single solution to the transport challenge. It has set up a ‘Transport Solutions Group’ to identify a range of transport solutions for young disabled people A pilot project will provide young people with transport to a choice of activities, including a trip to Covent Garden, a shopping trip, going to a football match and a trip to the cinema.

• 2008-11- £265 million extended schools subsidy scheme, to ensure that children from disadvantaged families can access the full range of extended services. Within this group there are many disabled children.

• 2008-11- 4 billion Children’s Centres• 2008-9 -£5.1 billion SEN in schools• Several authorities are holding a smallpart of their funding for extendedservices in order to provide targeted helpfor inclusion. In some authorities thismoney is used to fund special toys orequipment and human resources. In oneauthority 72% of this inclusion money isallocated to the 1:1 support forindividual children. In another, the entire‘inclusion budget’ is allocated toindividual support.