NNATPIP Annual Conference Policy and Research Update : Where are we with developing disability equal

1
NNATPIP Annual ConferencePolicy and Research
Update Where are we with developing disability
equality?

• Richard Rieser
• www.worldofinclusion.com

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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.

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PLASC Data England 2008 by type of school
impairment
School Action 365,130 18.4 of all secondary
pupils 485,260 primary pupils 19.2 Those
with Medical Needs- e.g. Diabetes, Asthma,
Allergy Those with Mental Health
Issues e.g. Depression Eating Disorders Self-
Harmers
4
Single Equalities Bill 2009
Part 5A Disability equality scheme
Disability Equality Duty
Part 2 employment
Part 3 services
Part 4 education
Part 1 definition of disability
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Disability Amendment Act 2005
Duty to Promote Disability Equality
When carrying out their functions public
authorities must have due regard to the need to
Promote positive attitudes towards disabled
persons
Encourage participation by disabled persons in
public life
Eliminate unlawful discrimination
Promote equality of opportunity
Eliminate disability related harassment
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
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Guiding Principles Disability Equality Duty

• Proportionality- balance other needs and factors
• Effectiveness-it works
• Involvement- local disabled people, staff and
  service users
• Transparency- process can and expenditure be
  easily tracked
• Social Model of Disability thinking to ethos and
  all policies , practices and procedures

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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)

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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

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Analysis of 50 Primary Disability Equality
Schemes against Evaluation Tool. A score of 50
would mean the school was fulfilling its
statutory obligations.
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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

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Existing Duties

• The school duties are laid out in a Code of
  Practice for Schools www.equaalityhumanrights.com/
  en/publications andresources/disability/pages/educ
  ation.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).

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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

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Duty to Promote Disability Equality
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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

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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.

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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.

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Disabled Children and Bullying

• Twice as likely as non-disabled children to be
  bullied- Childrens Commissioner Dec 2006
• 82 of children and young people with learning
  difficulty in UK are bullied-this is 280,000
  children. MENCAP-Dont 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

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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?qcachethWyY-3ryzc
  Jwww.dius.gov.uk/publications/documents/Corporate
  /Equality2520and2520Diversity/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

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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.

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123 Disabled Pupils answered Individual
Questionnaire in July 2008 10 Locations including
pupils from 5 special schools 5 primary
schools , 2 secondary academies and 14 secondary
comprehensive schools.

• 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 gt 18
• More than once a monthgt
• More than once a year gt 18
• Hardly ever gt

Variability over 10 locations
Range Every Day
0 to 50 More than
monthly 0 to 38 Less Frequently
0 to 50
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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.
Craig Robbins had learning difficulty and was
viciously attacked leading to brain damage by
three people- Wales
Kevin Davies who had epilepsy was kept in a shed
for four months until he died/ Wigan
Rikki Judkins with Learning Difficulties beated
to death by two teenagers when visiting Lancaster
Raymond Atherton a man with learning difficulties
repeatedly attacked and eventually killed by 2
teenagers after months of torture . Warrington
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The dominant view is the Medical Model.
CHILD DEVELOPMENT TEAM
SPECIALISTS
SOCIAL WORKERS
DOCTORS
SURGEONS
GPs
THE IMPAIRMENT IS THE PROBLEM
SPECIAL TRANSPORT
SPEECH THERAPISTS
EDUCATIONAL PSYCHOLOGISTS
OCCUPATIONAL THERAPISTS
SPECIAL SCHOOLS
SHELTERED WORKSHOPS
TRAINING CENTRES
BENEFITS AGENCY
DISABLED PEOPLE AS PASSIVE RECEIVERS OF SERVICES
AIMED AT CURE OR MANAGEMENT
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The Social Model of disablement focuses on the
barriers
LACK OF USEFUL EDUCATION
DISCRIMINATION IN EMPLOYMENT
INACCESSIBLE ENVIRONMENT
SEGREGATED SERVICES
THE STRUCTURES WITHIN SOCIETY ARE THE PROBLEM
DE-VALUING
POVERTY
BELIEF IN THE MEDICAL MODEL
PREJUDICE
INACCESIBLE TRANSPORT
INACCESSIBLE INFORMATION
DISABLED PEOPLE AS ACTIVE FIGHTERS FOR EQUALITY
WORKING IN PARTNERSHIP WITH ALLIES.
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Medical and Social Model Thinking applied to
education1

1 Adapted from Micheline Mason 1994, Altogether
Better, Comic Relief R. Rieser 2000
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It's the barriers that disable !
Negative Attitudes
Inaccesible Environments
Bullying
Use of Resources
Poor Peer Support
Inflexible Curriculum
Lack of Communication
Ignorance
Lack of Role Models
Fear
Low Expectations
Poor Teaching
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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.
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(No Transcript)
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Making Reasonable Adjustments for disabled pupils

• Sent out 9000 schools. Received nearly 400
  nominations
• 54 LEAs 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. [phone]
• Online www.teachernet.gov.uk/publications

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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

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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 Childrens 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.

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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 DT

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Gradients-What is the right angle for as
wheelchair?
Too steep-dangerous
Too gentle-tiring
Answer -Between 1 in 20 and 1 in 12
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KS 2 English Attainment by Impairment Group and
amount support 2007
Maintained schools only. Source DCSF 2008
Attainment Table 73
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KS 4 Attainment by Impairment Group and amount
support 2007
Maintained schools only. Source DCSF 2008
Attainment Table 74
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Getting the views of disabled pupils including
non-verbal pupils.
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As a disabled person what do you think of....
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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

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Extending Inclusion Access for disabled children
and young people to extended schools and
childrens centres a development manual CDC 2008

• Barriers 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/eOrderingDow
  nload/CDC-00186-2008.pdf

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Extending Inclusion Solutions

• Information about what provided, safety, who to
  contact and images of provision
• Tinsley Childrens Centre in Sheffield
• includes a number of disabled children
• with a range of impairments and medical
• conditions. The Centre uses a discussion
• of risk assessments around childrens
• medical conditions to both engage and
• re-assure parents about the ability of the
• Centre to provide for their child. One
• parent, who was originally very reluctant
• to leave her child and thought she would
• have to give up work, is now leaving her
• child at the Centre.

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Extending Inclusion Solutions

• Recognising that more detailed planning
• is needed to achieve inclusion, summer
• scheme provision and term-time clubs in
• Bradford have specifically targeted
• disabled children and children with
• complex health needs. Schemes work
• closely with care, education and health
• services to establish safe protocols that
• promote the childs engagement on
• activities. Parents are involved so that the
• protocols reflect their preferences. The
• summer schemes were developed in
• response to parental demand and places
• have increased

• Welcoming Attitude and Ethos
• Broomhall Nursery School and Childrens
• Centre in Sheffield promotes a positive
• welcome for all children and an ethos
• that says can do. Staff have developed
• skills in making reasonable adjustments
• for children with autistic spectrum
• disorders (ASD), attention deficit
• hyperactive disorder (ADHD), hearing and
• other impairments. Links with the
• Footsteps early intervention ASD team,
• the Portage team and the hearing
• impairment team have been crucial to
• the development of staff skills, but the
• starting point is the Centres commitment
• to welcoming all children.

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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.

42
Extending Inclusion Staffing

• Extended day provision, run by a voluntary
• organisation, has enhanced staffing to
• reflect the high number of disabled pupils
• who attend. Many children who attend
• do need individual support at times
• during the session, some need it
• throughout. The provision operates a key
• worker system, but this does not mean
• that it is the key worker who spends the
• session with a particular child. This
• approach means that all staff work with
• all children and, in the event of staff
• absence, there is no question about the
• attendance of an individual child.

• A mother told us that her son has an
• autistic spectrum disorder. He travels from
• a special school to after school provision
• at a mainstream school near his home.
• The after school provision has an
• additional member of staff to support a
• number of disabled children who attend
• the provision. On arrival, the boy is
• greeted by the member of staff, who
• stays with him until he has settled in and
• is clear about the activities available that
• evening. The member of staff then
• gradually steps back as the boy joins in his
• chosen activity.

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Extending Inclusion Training, staff development
and support

• 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.

• There are layers of skill and expertise that
• contribute to the inclusion of disabled
• children. There are
• skills that staff draw on all the time, for
• example observation, behaviour
• management, inclusive play, working with
• parents. These are skills that staff draw on
• in their work with all children, but more so
• for disabled children
• more specific skills that some staff need
• and draw on from time to time, for
• example alternative methods of
• communication, moving and handling
• individual techniques for use with
• particular children, for example the
• administration of a particular medicine, a
• particular method of communication or a
• particular feeding technique.

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Solutions Transport Finance

• The 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

• 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 Childrens Centres
• 2008-9 -5.1 billion SEN in schools
• Several authorities are holding a small
• part of their funding for extended
• services in order to provide targeted help
• for inclusion. In some authorities this
• money is used to fund special toys or
• equipment and human resources. In one
• authority 72 of this inclusion money is
• allocated to the 11 support for
• individual children. In another, the entire
• inclusion budget is allocated to
• individual support.