2014 Exclusion to Empowerment The Role of Inspection and Regulation in ensuring Inclusion and...

2014

Exclusion to Empowerment

The Role of Inspection and Regulation in ensuring

Inclusion and empowerment

Sonia Gandhi

The children

Types of children covered by legislation in England:

Some groups are defined as requiring special provision to meet their needs:•Educational•Physical difficulties and disabilities•Emotional and behavioural

Another group are defined as ‘Looked-after children’:•They cannot live their parents and are ‘looked after’ by their local authority•May include many that also have special educational needs

In England ‘disability’ is defined using the ‘social model’:

We can define disability as:-Disability occurs when a person is excluded, because of their impairment, from something that other people in society take for granted. That might be the chance to attend an event, access some service or get involved in an activity. It might be to live independently, to earn a living, to be kept informed, or just to make choices for themselves.

The Equality Act defines disability as when a person has a ‘physical or mental impairment which has a substantial and long term adverse effect on that person’s ability to carry out normal day to day activities.’

The social model: The social model of disability identifies systemic barriers, negative attitudes and exclusion by society (purposely or inadvertently) that mean society is the main contributory factor in disabling people. While physical, sensory, intellectual, or psychological variations, may cause individual functional limitation or impairments, these do not have to lead to disability unless society fails to take account of and include people regardless of their individual differences.

Disability is also governed by laws against discrimination and promoting equality which affect schools:

• The Equality Act 2010 provides a single, consolidated source of discrimination law. It simplifies the law and it extends protection from discrimination in some areas.

• As far as schools are concerned, for the most part, the effect of the new law is the same as it has been in the past – meaning that schools cannot unlawfully discriminate against pupils because of their sex, race, disability, religion or belief or sexual orientation.

• The exceptions to the discrimination provisions for schools are all replicated in the new act – such as the content of the curriculum, collective worship and admissions to single sex schools and schools of a religious character.

• Schools that were already complying with previous equality legislation should not find major differences in what they need to do.

However with disability it is legal to ‘positively discriminate’:

The law says you MUST NOT DISCRIMINATE:•schools cannot unlawfully discriminate against pupils because of their sex, race, disability, religion or belief or sexual orientation•EXAMPLES – you cannot treat a pupil differently because they are black or gay

The law says you CAN DISCRIMINATE:•schools are allowed to treat disabled pupils more favourably than non-disabled pupils, and in some cases are required to do so, by making reasonable adjustments to put them on a more level footing with pupils without disabilities

The types of provision available in England for disabled pupils and those who have special educational needs

Mainstream schools – most pupils with special educational needs attend mainstream schools alongside other pupils.

Special units attached to mainstream schools – provide more specialist help but also opportunity for integration.

Special schools – some special schools are for very specific needs, others are for pupils with a wide range of needs. Some are independent special schools.

Hospital schools – provide general education for children undergoing medical treatment, including psychiatric care

Pupil referral units – generally these are for pupils who for behavioural reasons need ‘time out’ from mainstream schools. Pupils increasingly may go to a further education college or some form of alternative provision.

Residential special schools provide residential accommodation as well as education. They are mainly provided by independent organisations but pupils’ places are usually funded by their local authority.

General further education colleges – for students aged over 16, as with maintained schools most students who have learning difficulties and/or disabilities attend the same college those who do not have these additional needs.

Independent specialist colleges – for those with learning difficulties and/or disabilities who want to carry on studying after 19.

Ofsted inspections of schools

What we focus on through school inspection and how we carry inspection out

The school inspection framework

Four levels of performance

1.Outstanding

2.Good

3.Requires Improvement

4.Inadequate

Four levels of performance

1.Outstanding

2.Good

3.Requires Improvement

4.Inadequate

Four key judgements

Achievement

Quality of Teaching

Behaviour and safety

Leadership and management

Four key judgements

Achievement

Quality of Teaching

Behaviour and safety

Leadership and management

Overall effectiveness Overall effectiveness

The national aim is that every school will be at least a good school The national aim is that every school will be at least a good school

Latest inspection outcomes

Achievement of pupils at the school

The learning and progress across year groups of different groups of pupils in school

Pupils’ progress over the last three years

Pupils’ attainments compared with national standards

Performance of key groups, especially DSEN, those entitled to the Pupil Premium, most able, EAL pupils….

By observing lessons, work scrutiny, checking school records of pupils’ progress, checking rigour of assessment, talking to pupils

Proportions making and exceeding expected progress

How well different groups of pupils perform as well as one another - disabled pupils and those with special educational needs are a priority group

For those groups of pupils whose cognitive ability is such that their attainment is unlikely ever to rise above ‘low’, the judgement on achievement should be based on an evaluation of the pupils’ learning and progress relative to their starting points at particular ages, and any assessment measures held by the school. Evaluations should not take account of their attainment compared with national benchmarks

Identification at school age

• From September 2012 schools and local authorities have a duty to supply auxiliary aids and services as reasonable adjustments where these are not being supplied through Special Educational Needs (SEN) statements or from other sources

Schools must implement accessibility plans which are aimed at: • increasing the extent to which disabled pupils can participate in the curriculum;• improving the physical environment of schools to enable disabled pupils to take better advantage of education, benefits, facilities and services provided; and• improving the availability of accessible information to disabled pupils.

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Who is responsible?

PARENTS retain legal responsibility unless a child is ‘taken into care’ or placed for adoption – which is rare.

LOCAL AUTHORITIES PRIMARY HEALTH CARE TRUSTS

These have funding to support specialist heath care and aids and access to ‘statements of support’. Once these statements are agreed then provisions are made to ensure any barriers are removed and children placed appropriately, for example:

Mainstream school Special day schoolAccess to ‘respite care’


just over one in five pupils - 1.7 million school-age children are identified as having special educational needs.

2.8% with Statements of Special Educational Need 6.5% at ‘School Action +’ 11.8% at ‘School Action’

the % of pupils in secondary schools identified as SEN without a statement increased from 13% in 2003 to 19.7% in 2010

94,275 pupils are in special schools 1.2% (including independent special schools).

Identification at school age

Approximately 100,000 pupils are educated in special schools

Local Authorities spend £2billion on local authority special schools

Most special schools are good or outstanding

Too few young people with SEND (learning difficulties and/or disabilities) complete programmes of learning which develop greater independence; lead to further study, supported or open employment; or provide skills for independent living.

Nationally we invest huge sums in special educational needs, but the impact is too little

Median spend on pupils in special schools is four times mainstream and more for NMSS


Special schools – often provide for a wide variety of very specific needs

What makes effective education and care: special schools

Respite Care – ‘short breaks provision’

• There are about 260 children’s homes which wholly or partly provide RESPITE CARE for severely disabled young people and their parents• They are classified as “children’s homes” because they

are open all year round

How Ofsted inspects and regulates


The key terms:

REGULATION: a legal requirement or rule can be termed a ‘regulation’. Activities such as caring for children have been brought under legal regulation gradually since the 1830s.

REGISTRATION: this is where people who want to provide a SERVICE have to meet various conditions in order to be registered. An organisation – called the REGISTRAR – acts as the ‘gatekeeper’ and people can usually be taken to court if they operate a service without being registered.INSPECTION: this usually means physical visits to premises to check on a service being provided, or possibly being provided illegally. It is essential to have legal powers of RIGHT OF ENTRY.

COMPLIANCE: some inspections merely check that providers of service are COMPLYING with the law, for example with regard to health and safety rules. Such inspections tend to have a pass/fail outcome and have limited impact on other decision-makers.

EVALUATION: other inspections can make a graded judgement of how good providers are. Evaluation means that an inspector must make a decision between whether a service is – for example – ‘adequate’ or ‘good’.


The Madhouses Act 1774

Royal College of Physicians became a regulator and inspectorate

Annual licences

Annual inspection

Promote choice through display of report to doctors


Madhouses Act: “Whereas many

great and dangerous abuses arose from the present state of houses kept for the reception of lunatics, for want of regulations with respect to the persons keeping such houses, the admission of patients into them and the visitation by proper persons of the said houses and patients: and whereas the law, as it now stands, is insufficient for preventing or discovering such abuses.”

These early inspections showed many of the reasons WHY we should inspect:

Inspected compliance with new laws on working ages, hours and conditions

Inspected provision of factory schools for children

Did not produce published reports on individual factories

Did not cover ALL types of factory where children worked

Did NOT focus on the outcomes for the children

The first inspections, 1833

Introduced to ensure accountability over public funds

Professional inspectors

Published report to Parliament

Commented on value

Inspection of schools, from 1840

Inspection of children’s care, 1850 – too little to ensure protection

Board of Health Inspector: After maturely considering all the circumstances connected with the painful occurrence, I am induced to express my firm conviction that the essential cause of all the mischief has been the inordinate overcrowding of this establishment.

180 children died of cholera at a home used for ‘boarding out’ orphan and pauper children


Reasons for inspection:

Inspection in England has been introduced because of:

To prevent injury or death of those unable to protect themselves

To ensure that public money is being used effectively

To promote CHOICE for those who commission or choose services

• People must apply to provide the service and be registered

• Regulations are set to specify minimum standards

• Inspection• De-registration and

prosecution are possible

• Public authorities and any private company receiving pubic funds should be subject to checks and held to account

• Usually involves inspection to see money is being used well

• Funding could be withdrawn

• Inspection reports make available information about who provides good or bad services

• Purchasers of services can choose where to go

• Local authorities can buy services on behalf of looked after children


Scandal in social services led to greater regulation in the 1990s

Editorial in the Guardian, 29 November 1991


Until 1992, Her Majesty’s Inspectors (HMI) were part of the Education Department and schools were inspected by them very occasionally – once in 25 years

The Education (Schools) Act 1992 created a separate non-ministerial department – Ofsted (the Office for Standards in Education)

The Chief Inspector arranged regular inspections and the Secretary of State could request them

From Sept 1993 most inspections were done by contractors, with HMI largely in a quality assurance role

There was controversy over ‘lay inspectors’

At the same time political desire to create choice in schools led to Ofsted being formed

Prime Minister in 1992: John Major

The scope of Ofsted’s remit since 2007 covers both education and care of special needs children

Ofsted

Inspection and Regulation of Early

Years

Inspection of all maintained and

some independent schools

Inspection and Regulation of

Children’s social care

Inspection of learning and

training for young people and some

adults

What is the Office for Standards in Education, Children's Services and Skills (Ofsted)?

Ofsted is a non-ministerial government department

Headed by Her Majesty’s Chief Inspector (HMCI), Sir Michael Wilshaw – recent Academy Headteacher

Independent of the Department for Education (DfE)

Ofsted reports ‘without fear or favour’

HMCI reports directly to a Parliamentary Select Committee, made up of Members of Parliament from different political parties, and must ‘lay before Parliament’ an Annual Report

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Office for Standards in Education, Children's Services and Skills (Ofsted)

Parliament

Education Select Committee

Government

Head of State: the Queen

Department for Education

Department for Business, Industry & SkillsNon-executive Board

Her Majesty’s Chief Inspector

Funding

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Organisation of inspection

Ofsted:•Eight regional directors•Teams of Senior and other HMI produce guidance and do some inspection•Risk assessment, scheduling•Plan inspections, lead some of them, quality control of the others•Lead surveys and specialist inspections•Some seconded serving headteachersInspection Service Providers:•Three contracts divided by region•Provide administration for inspection process•Recruit, train and deploy ADDITIONAL INSPECTORS – full and part-time•Held to account through contract management processes

Inspection of maintained special schools

• MAINTAINED special schools, hospital schools and pupil referral units are inspected every three years

• They are inspected using the same inspection guidance and framework as all other maintained schools, but by specialist inspectors

• The data on pupils’ progress is less extensive, so this is a greater focus for inspection work

• Reports are graded (from ‘outstanding’ to ‘inadequate’) and published

• Schools graded ‘inadequate’ are subject to intervention by the local authority ad further monitoring by Ofsted

Inspection of education in independent special schools

• Independent schools are owned by private businesses or charities, so are inspected under different laws to maintained schools

• They must all be registered with the Department for Education (DfE)

• All independent schools must meet the requirements of the Independent School Regulations of 2010/12.

• Regulations cover areas such as the curriculum and the buildings

• New schools are usually inspected BEFORE they open, and then again soon afterwards

• It is illegal to operate a ‘school’ without registration• If a school does not meet the standards, the DfE can ask for

additional inspections or can take action to close it down

Inspection of residential care in independent special schools

• Ofsted inspects care in traditional ‘boarding schools’ every three years, but in residential special schools every year• Where we are only inspecting the boarding, the school will be told on

the day the inspector is arriving• Inspections always include spending at least one evening in the

school, and at least one full day but usually two• Inspectors always talk to children and inspect the accommodation

‘Residential accommodation’ is often intended to help young people prepare for life on their own

If school fails to meet national minimum standards is likely to be reported as inadequate

DfE may serve school with statutory notice to improve and ask school to submit an action plan

Inspectors may be sent in to monitor the school’s progressIf progress insufficient, DfE may issue order to prevent school taking residential pupils

School may be DELETED from the register

Inspection of residential care in independent special schools

Grade: inadequate

Grade: good

Regulation of children’s residential care

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Any provision for residential care of children must be registered and inspected:

Independent schools:•Must be registered with Department for Education and meet regulations•Must be inspected by Ofsted before they open, soon after opening and regularly thereafter; some may be inspected by other organisations•Can be re-inspected at any time if there is a need•Inspectors have right of entry to premises

Children’s homes:•Must be registered with Ofsted and met regulations with a designated ‘registered person’•Must have regard to national minimum standards•Inspected minimum every year•Can be re-inspected at any time

Maintained special schools:•Inspected by Ofsted at least every three years•Subject to ‘intervention powers’ if not performing appropriately•Not ‘registered’ as such normally

Regulation of children’s residential care

Every children’s home must have a REGISTERED MANAGER:•Must be personally registered with Ofsted•Must meet relevant regulations•Must be registered for the specific type of service the home provides

In addition, some person can be DISQUALIFIED from working in a children’s home.

Examples of ICT and inclusion

With a little thought and support….

If we had disregarded Prof Stephen Hawkins due to his progressive disability? Without ICT the world would be without this great man

Research has shown that music therapy can break down isolation and ensure inclusion of disabled young children

Gateway provision to support life skills that aid employment and ‘normal’ life and activities

2014 Exclusion to Empowerment The Role of Inspection and Regulation in ensuring Inclusion and...

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