Green Paper: Children and Young People with

SEN and Disabilities – Call for Views

September 2010

Questions

1 Are the SEN and disability statutory frameworks - including the SEN statementing process – helping children and young people get what they need? If not, what changes could help?

The statutory framework within which local authorities operate is heavily bureaucratic. The procedures required to comply with statutory processes at the LA and school level take staff time which could be better used. The current system does give children the ‘protection of a Statement’ as originally intended. It gives parents and children clear statutory rights. It also makes clear the responsibilities of schools and LAs to make provision for children with SEN and disability.

Any new system which replaces the current statutory framework must ensure that children can still have the protection available within the current system. It should also minimise bureaucracy. A new system should ensure that the focus is on outcomes for the child and must include openness and clarity of decision making together with accountability.

Many children with SEN and disability in Cumbria get the support they need through a range of systems many of which sit outside statutory processes. Early intervention has been promoted particularly for pre-school children and children with literacy difficulties. These systems work well such that, for example, Cumbria does not maintain Statements for children with specific literacy difficulties, their needs are met through non-statutory processes including Reading Intervention. This type of approach could be broadened to reduce bureaucracy.

Where the issuing and maintenance of a Statement is necessary Cumbria has clear procedures and guidance which is available electronically. This is being updated at present with consultation with all interested parties due to start later in the autumn. Cumbria has supported parents to access this guidance and the named person for each child is available to discuss this is details with parents and others involved. Any new system should ensure that thresholds are transparent and the rights and responsibilities of all involved are clear.

2. How can we identify children’s special educational needs earlier, and make sure that they get the support they need as quickly as possible?

The increased focus on pre school provision over recent years has resulted in more children with significant needs being identified at an early age in Cumbria. This has involved using a Team Around the Child/Family approach with all involved working closely together as a multi agency team. Children therefore enter school with their needs having been clearly assessed and support in place to enable them to make maximum progress in school. This approach should be promoted to ensure that all children with SEN and disability can benefit. In 2009 the national percentage figure for children with Statements was 1.85% with the comparative figure for Cumbria being 1.8%, the national figure for those under the age of 5 with a Statement was 25.3% with the figure for Cumbria being 34.9%. This demonstrates the impact of Cumbria’s policy of early identification with support being available in the Foundation Stage to enable children to overcome their difficulties wherever this is possible.

The needs of many children do not become apparent until they are in school and for some their needs do not become apparent until much later then this e.g. a young person may develop social, emotional or behavioural difficulties as a result of their life experiences. It is not always possible to identify needs at an earlier stage. Once identified, there should be swift access to expert staff able to assess these children and advise on appropriate learning programmes or able to deliver intensive support where necessary, this should included health professionals as well as staff employed by Children’s Services. Children and young people exhibiting social, emotional or behavioural difficulties often have a range of needs that require a multi agency approach if they are to successful lives. These children in particular, benefit from a multi agency approach.

Children with SEN have greater difficulty in accessing the curriculum and making progress than their peers. Consideration should be given to the appropriateness of the curriculum being delivered to them. Difficulties often stem from the curriculum rather than the child. A more flexible curriculum that can be adapted to be relevant to the child’s individual circumstances, that allows for assessment when the child is ready and is likely to succeed would result in fewer children having special educational needs.

All teachers and support staff working in schools need to be skilled in the education of children with SEN and disability. This should be high profile within initial training and form part of continuing professional development. Staff who are skilled in this work are able to appreciate the individual needs of all children, are able to manage their classrooms well and promote high attainment.

3. How can we improve the processes for special educational needs and disability – in schools, in assessments, and across all services – so that professionals can spend more of their time with children and their families?

The comments in response to question 2 referring to the need for skilled staff also relate to this question.

Schools are aware that they have responsibilities for children and young people with special education needs but these responsibilities have not been specified through national guidance. There needs to be clarity as to these responsibilities so that parents, local authorities and the schools themselves understand what they are and to avoid any confusion. National guidance on this would be extremely useful.

All systems should be as simple as possible with decision making being close to the service delivery point. Once schools identify a child who is not making adequate progress they should have swift access to support to provide early intervention. Wherever possible, needs should be met outside a statutory framework.

The current situation is becoming increasingly legalistic with more parents feeling the need to take legal advice and have legal representation at Tribunals. Whilst the percentage of appeals to Tribunal in Cumbria is lower than the national average (2.35% per 10,000 of the population in 2008-9 as compared to the national average of 3.98%) these appeals continue to take the focus of all involved away from activity that has a positive impact on the child.

4. How can we ensure that all schools and colleges have high expectations for children and young people with SEN and disabilities, and help young people to develop the skills for employment and their future potential and contribution to society?

All staff should have access to data that enables them to set high but achievable targets with children and young people. Software such as CASPA enables to schools to do this. It should be expected that all schools will use national data to assess their own performance in this area. All Cumbrian special schools are being supported to use CASPA and this will be rolled out to the 24 strategically resourced schools in the county. Progress of children will be monitored against this data. Staff in school improvement services should be familiar with this type of data and use it to assist schools to evaluate their performance.

Young people need a range of skills if they are to be able to gain employment and make a positive contribution to society. This includes social skills and problem solving skills. Greater emphasis should be placed on these skills. Cumbria promotes the use of materials called Social and Emotional Aspects of Learning, this enables young people to understand their own emotions and that of others as well as develop internal control of their behaviour. All young people should be supported to develop these skills which are vital for adult life.

5. How can we improve the choices of schools and services available to parents and improve opportunities for them to be involved in decisions that affect their family?

Parents are supported to make informed choices for their children regarding provision in Cumbria. However choice can be limited within rural communities due to the low density of population and the travelling time to provision. It is not feasible to make a wide range of provision available where the number of children requiring this is very low e.g. not all rural villages could support a local secondary school. In some parts of Cumbria parents have little choice because of the rurality of their home.

Cumbria has developed strategically resourced mainstream schools which provide education for the local community similar to that which would be available in special schools. These schools admit between 8 and 40 children with severe or profound special educational needs who would otherwise have to travel very long distances to a special school. These schools provide greater choice – parents have a continuum of provision to choose from.

Parents should play a pivotal role in all decisions about their children and should be consulted about provision in their local area. The Team Around the Child/Family approach facilitates this and should be promoted across the full age range of children.

Cumbria has a system for evaluating the quality of Statements which includes moderation panels. Parents are fully included in these panels, supporting the LA to produce Statements that are meaningful to parents.

6. How can we improve the transition from school to adult life for young people with SEN and disabilities and the support provided for their families throughout?

In 2008-9 Cumbria had 10.5% of young people above statutory school age who were not in employment, education or training compared to the national average of 12.8%. Great emphasis is placed on enabling young people to make a successful transition. However Cumbria would want the number to be even lower. Young people with the most significant disabilities want to be involved in meaningful activity and employment. Cumbria does provide these but opportunities for this need to be greater.

All young people with significant SEN and disability should be supported to maximise their independence throughout their school experience. They should be encouraged to care for themselves e.g. preparing meals and supported to learn transferable skills that will enable them to be independent e.g. using public transport. This should form part fo a core educational offer for all young people with special educational needs.

General comments

In 2003 Cumbria adopted a policy called Inclusive Cumbria which affirmed our belief that children and young people benefit from successful learning opportunities in their local communities. We believe this supports the development of a fully inclusive society. In 2003 Cumbria had five special schools for children and young people with severe and profound learning difficulties. This number has remained unchanged, 0.57% of children and young people in Cumbria were placed in special schools in 2009 as compared to 1.2% nationally.

We believe our schools are able to meet the needs of our children and young people. A number of strategically resourced schools were available for specific groups of children and young people in 2003. Since then the number has increased to twenty four which meet the needs of children and young people with autism spectrum condition, severe learning difficulties, physical/medical difficulties and hearing impairment. These schools, together with highly inclusive mainstream schools, enable Cumbrian children and young people to be educated within their local communities.

Examples of what is working well:

Example 1

Five children with significant hearing impairment within one year group were identified in the Carlisle area. Historically most of these children would have transferred to residential specials schools outside the county for secondary education. This is very expensive and removes the children from their local community. Often they lose their friendship group and find socialising with their peer group difficult when they return home. The possibility of establishing local provision was researched with parent and voluntary organisations being consulted. A decision was taken to adapt a mainstream secondary school in the centre of Carlisle to meet the needs of these children. The school had an extensive building programme planned and changes were made to this to ensure that the building was suitable for students with profound hearing impairment. In addition specialist teachers were provided to work within the school to support these students. All staff working in the school were trained by these specialist teachers in the education of hearing impaired students. Introductory training enables teachers and teaching assistants who are new to supporting children and young people with a hearing impairment to understand the effects of a hearing loss on accessing the curriculum, the demands of language learning, implications for classroom practice and the use and maintenance of hearing technology. This school changed its designation and became a strategically resourced school for children with hearing impairment in Carlisle in 2009. Four students were admitted to the school in September 2009. They quickly settled into the school and are all being educated alongside their peers. This development has enabled these children to successfully continue their education within their local community and to live with their families.

Example 2