Douglas Silas,
Specialist SEN Solicitor 12th July 2021
Being busy is not always being productive...
A lot of people mistake being 'busy' for being 'productive'. They naturally think to themselves that if they put the hours in, they will then see the consequential productivity rewards come at the end of a task or job. But that does not always work in the reality of today's world, where we are now often dealing with the mindset of a knowledge worker, rather than the mindset of a manual worker. Let me explain. You measure a manual worker's productivity by the amount of manual work that they get through in a given time frame. Logic then dictates that, if they can do a certain number of tasks within a given timeframe, you can then easily measure if they are being more or less productive in the time allocated to them by calculating their output. However, somewhat counter-intuitively, this is almost the opposite way of measuring a knowledge worker's productivity. A knowledge worker is usually more creative and their creativity usually comes in moments of inspiration. Just sitting at a desk for a set period of time and feeling busy because they are speaking to people, dealing with emails or phonecalls, or organising what they have to do into lists, does not mean that they always 'do' and will have been necessarily productive for that same length of time. And, funnily enough, creativity often comes at moments that a knowledge worker is actually away from their desk (although they often then need to be at their desk to ultimately turn that theoretical creativity into something more practical and tangible). I have found that I am actually more productive when I have less to do, but am then able to just focus on the task that I want or need to do, without having any distractions to interrupt me. This then means that I can just get on and 'do' it. Ironically, when I work this way, it also allows me to do more things in less time (provided that I have also organised myself efficiently). But it is no good you just reading this, as you will not truly believe that what I am saying may be true. You need to also take a leap of faith and really try it for yourself in practise to see that it actually can work for you too. And if it doesn't work for you the first time, or even the first few times, don't just give up, keep trying after checking to see whether there is really a distraction that you hadn't noticed before standing in your way. It really works - honestly!
In this week's SEN Update, you will find sections entitled:
I know how busy everyone always is, so please feel free just to read the sections that are of interest to you or read everything; the choice is always yours.
Don’t forget, to ensure that you never miss one, you can get my SEN Updates personally by completing your email details above,
or by following me on one of the social media platforms I use (i.e. Twitter/Facebook). You can also share this SEN Update with others (please only do so if it may be relevant to them) by using one of the icons, usually to the right or at the bottom of this page.
PLANS TO END COVID RESTRICTIONS IN EDUCATION SETTINGS
With the announcement at the beginning of the week about the Covid-19 restrictions being eased, the Government/Department for Education (DfE) has issued a raft of new guidance for educational settings I can do no better than to quote from an email that I subsequently received from the DfE's Special Educational Needs and Disability Division, which stated: "Dear colleagues, The lifting of Covid restrictions in education settings will take place in line with the general removal of restrictions for England at Step 4. Subject to a final review of the data next week, these legal restrictions will end on Monday 19 July. We are changing the controls that apply in early years, schools, colleges and higher education institutions to maintain a baseline of protective measures while maximising attendance and minimising disruption to children and young people’s education. When we move to Step 4 of the roadmap, we will be removing the need to keep children and young people in consistent groups (‘bubbles’) in schools, colleges and out-of-school settings and the need to reduce mixing in early years settings. To support this we have published new guidance for arrangements in education settings from Step 4, covering both the summer period and the following term, when children will return to school: · Guidance for special schools and other specialist settings · Actions for schools during the coronavirus outbreak · Actions for FE colleges and providers during the coronavirus outbreak · Actions for early years and childcare providers during the coronavirus outbreak · Use of PPE in education, childcare and children’s social care Guidance for out-of-school settings, children’s social care, apprenticeships and parents will be updated over the next 2 days. From 16 August, the legal requirement to self-isolate for contacts of a positive case will end for everyone aged under 18, and for adults who have been fully vaccinated. This means that from the autumn term, only those who test positive will need to self-isolate. From Step 4, NHS test and trace will carry out contact tracing in all education settings rather than it being run by the school or college. Those identified as close contacts will be advised to take a PCR test, and only need to isolate if they test positive. Everyone must self-isolate if they have symptoms of Covid or a positive test result. More details on the announcement can be found here Covid restrictions in education settings to end at Step 4 - GOV.UK (www.gov.uk)" Hope that this helps.
CONSULTATION ON BEHAVIOUR MANAGEMENT STRATEGIES
The Department for Education (DfE) also sent out another email later this week through the SEND Division entitled: 'Consultation on Behaviour Management Strategies'. Again, I can do no better than to quote from the email, which stated: "Dear colleagues, Earlier this year, the Secretary of State announced that we will be consulting on revisions to both the behaviour and exclusions guidance later this year. To help inform guidance revisions we launched a call for evidence on behaviour management strategies, mobile phones, managed moves, and in-school units on 29 June 2021. The call for evidence will be open for a total of six weeks and will close on 10 August 2021. You can submit your views here: Behaviour management strategies, in-school units and managed moves - Department for Education - Citizen Space We would be grateful if you could disseminate this amongst your networks. We would like to add that this will not be the only point that we expect individuals to provide their views to us on these areas and intend to provide further time for the sector to provide evidence to us during the consultation period in autumn. We look forward to receiving your response. Many thanks, Special Educational Needs and Disability Division' From what I have read, not everyone agrees with how this may affect children and young people with SEN, so if this is something that concerns you, I encourage ou to respond.
LATEST NEWS ONLINE
In terms of news, here are the articles that I found of interest this week: Huge surge in number of pupils sent home due to Covid UK Covid: rates of long Covid likely to increase significantly, particularly among young, warns Chris Whitty – as it happened Covid bubbles to be axed in England's schools Ofsted: Put SEND pupils 'at centre' of Covid recovery
Again, aside from clicking on the relevant links for more information, I would also remind you of the very useful resources and information provided on the following websites:
- IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get a digital copy of the magazine: Autism Eye which is very helpful to any parents or professionals involved with children/young people with Autism. Keep safe until next week. With best wishes Douglas
P.S. I understand that there are many educational items, news articles, or other useful resources on the web, so I would be very grateful if you could let me know of any that you find that you think that others may find useful, so that I can direct people to them.
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Douglas Silas,
Specialist SEN Solicitor 14th June 2021
Give people the chance to learn from a mistake…
We often say, where children are concerned, that if they make a mistake, we should usually not make a big deal out of it, but rather realise that this was an accident and let them learn from it (or us use it as a way to teach them how they can learn from it). We also know not to do something for them, otherwise they will never learn. Yet how many times do we do this in our personal lives with adults? Too often we are too quick to judge and condemn someone when they just make a mistake. We say to ourselves or others, things like: "They should have known better" or "They are always like that". We sometimes even imagine that they have done it deliberately and not even think that it could have just been a mistake. How often do we really try to put ourselves in their shoes and see things from their perspective? They may have said or done something which they genuinely thought would work and now, not only do they have to face the consequences and disappointment arising out of their actions, but they now also have you judging them for not being good enough! Not only is that twice the amount of hurt or shame, it also means that you will have potentially taken away from them a valuable learning opportunity, as people usually become instinctively defensive when they feel like they are being criticised and, not only then try to justify their actions to you or themselves, but also become more entrenched in believing what they did or said was reasonable and find even harder to then admit that it was a mistake, to you or themselves. And it probably was also a mistake that you would have wanted to learn from, if you had been in their place. So, next time something like this happens to someone around you (adult or child), try not to be too quick to judge them and give them the chance to correct their mistake. It is what you would want somebody to do for you if the roles were reversed.
In this week's SEN Update, you will find sections entitled:
I know how busy everyone always is, so please feel free just to read the sections that are of interest to you or read everything; the choice is always yours.
Don’t forget, to ensure that you never miss one, you can get my SEN Updates personally by completing your email details above,
or by following me on one of the social media platforms I use (i.e. Twitter/Facebook). You can also share this SEN Update with others (please only do so if it may be relevant to them) by using one of the icons, usually to the right or at the bottom of this page.
THINGS USUALLY COME IN THREES (MORE GOVERNMENT GUIDANCE)
Things usually come in threes, don't they? Well, it's time for more Government guidance/information and this time it is three things at once! I received an email this week from the SEND Division at the Department of Education (DfE), entitled: 'Summer Schools, Transition to employment toolkit & new NSPCC/DfE helpline', which said: "Dear colleagues, There are three things that we would like to draw your attention to this [week]: Summer schools: updated funding allocations and guidance As part of the wider recovery package to support children and young people with their mental health and wellbeing and to support recovery from the impact of missed face-to-face learning, £200m of funding is available for secondary schools to deliver summer schools this year. Over 80% of eligible mainstream schools have now signed up to the programme. To maximise the funding available for special schools and alternative provision settings, we have now calculated their funding allocations on the basis of 50% of their year 11 cohort being offered a two-week summer school, in recognition that these settings generally have few year 7 pupils. For any special schools or alternative provision settings whose year 7 cohort is larger than their year 11 cohort, those schools’ initial funding allocations will stand. Today, we published a form at https://form.education.gov.uk/service/summer-schools-programme, asking schools to confirm their arrangements for their summer school by 30 June. Schools that did not complete the initial sign-up form can still join the programme by completing the June confirmation form. Subject to overall take-up, schools may be able to claim funding to cover additional places and can request this in the June confirmation form. Those schools will be notified quickly of any additional funding, but should plan to deliver their summer school within their published maximum allocation in the meantime. The guidance on summer schools reflects the change to SEND/alternative provision funding. It also confirms the conditions of funding, has an expanded section on academic, enrichment and mental health resources and provides a link to the DfE summer schools webinar which includes input from headteachers and other experts. If you have any questions, please contact us at [email protected]. Transition to employment toolkit launched by Ambitious about Autism and the Autism Education Trust Ambitious about Autism and The Autism Education Trust have today launched a new employment toolkit to support autistic young people into the job market. The Transition to employment toolkit is free to download and aims to prevent autistic young people falling out of education, employment or training when they leave school. The toolkit is not just for young autistic people to use, but also for careers professionals and employers, to help them better understand the needs and skills of young autistic people and support them into further education or work. Sections of the toolkit can be easily downloaded and edited and are designed to be used flexibly. Launch of new NSPCC/DfE helpline for children and young people subjected to unwanted sexual behaviour in an education setting A new UK wide dedicated helpline has been set up by the NSPCC and the Department for Education to support those who may have been subjected to unwanted sexual behaviour or abuse whilst in an education setting. The helpline is equipped to cover personal incidents or concerns for others, and for both recent and historical events. DfE has set-up two social media resource packs on Dropbox containing assets to promote the helpline, one to target children and young people, and another for adults. We ask that education settings, along with wider sector organisations, use these resources on their own channels, and also cascade to their community networks. All amplification would be extremely valued, and ultimately help reach someone who vitally needs this support. Many thanks, Special Educational Needs and Disability Division"
THE IMPACT OF COVID-19 ON TRIBUNAL HEARINGS (REPORT)
I know that this will not interest/affect everybody, but if it does interest/affect you, I wanted to bring it to your attention, as it is very interesting. The Legal Education Foundation has just produced a report this week entitled: “Understanding the impact of COVID-19 on tribunals: The experience of tribunal judges“ which was commissioned by the Senior President of Tribunals to understand the impact of COVID-19, identify opportunities for improvement and guide future developments. (If you don't know, The Legal Education Foundation is an independent grantmaking foundation that focuses on the role of legal education in helping people understand and use the law as a tool for change, as they know there are many people who cannot obtain justice in relation to everyday problems). The report examines the impact of remote hearings under COVID -19 and sets out 35 recommendations to guide their use as the tribunals move toward recovery and their website says: "The grant-giving charity The Legal Education Foundation has today published research that sheds light on the experience of tribunal judges as they adapted to the use of remote hearings in the early months of the pandemic. The report: “Understanding the impact of COVID-19 on tribunals: The experience of tribunal judges“ was commissioned by the Senior President of Tribunals to understand the impact of COVID-19, identify opportunities for improvement and guide future developments. ... The survey on which the report is based captured the experiences of over 1500 tribunal judicial office holders who were asked to reflect on the remote hearings they had taken part in between March and July 2020. The 35 recommendations presented in the report set out immediate practical and longer- term steps to improve the experience of judicial office holders and to ensure that remote hearings are deployed in a manner that secures safe, effective and efficient access to justice. ... The research gathered the views of judicial office holders on a range of topics including: i.) their satisfaction with the support and guidance they were offered; ii.) their views on the technology that was used, iii.) their perceptions of the impact of remote hearings on the practical and emotional barriers to participation experienced by appellants; iv.) the effect of proceeding remotely on their ability to identify and make adjustments for vulnerable appellants; v.) the influence of remote hearings on the structure of hearings and vi.) any changes to their decision-making process that had occurred in response to proceeding with hearings remotely. The survey also explores the impact of remote hearings on the well-being and morale of judicial office holders. ... The report’s recommendations include:
You can read the full report here.
LATEST NEWS ONLINE
Again, here are other news articles that I found this week: Is sleep a ‘magic pill’ for teen wellness in a mental health crisis? Girls asked for nudes by up to 11 boys a night, Ofsted finds Unions call for return of masks to secondary classrooms in England After a year at home, children with disabilities deserve priority vaccination ‘Tutors change daily’: headteachers call for schools to control England Covid catchup money
Again, aside from clicking on the relevant links for more information, I would also remind you of the very useful resources and information provided on the following websites:
- IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get a digital copy of the magazine: Autism Eye which is very helpful to any parents or professionals involved with children/young people with Autism. Keep safe until next week. With best wishes Douglas
P.S. I understand that there are many educational items, news articles, or other useful resources on the web, so I would be very grateful if you could let me know of any that you find that you think that others may find useful, so that I can direct people to them.
How useful do you find my SEN Updates?
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Douglas Silas,
Specialist SEN Solicitor 1st March 2021
Too many people seem to not complete one thing before starting another...
Unfortunately, we have become overly fixated on the idea of multitasking, especially as smartphones/the internet have taken over more and more of our lives and constantly distract us. Once, we would start something and then finish it, before moving on to doing something else. However, too often I see people now (including myself) trying to start something else, before first completing the thing that we are doing. It doesn't take a genius to also work out that if you go on like this, you just end up with lots of things increasingly started but not yet completed. We are very good though at rationalising everything and convincing ourselves and others that we will be able to finish something off when we have more time - but the trouble is that we never then seem to be able to find more time! It's very dangerous also when we start to think like this, as the logical conclusion is that we just start amassing more and more jobs to finish, which then weigh us further and further down emotionally. We then feel more and more guilty about not doing them. This is especially the case if the things we need to finish off can be seen and then are staring us in the face to make us feel guilty. As people like to say: "out of sight, out of mind", but it really should be: "in sight, in mind!". So, it's really simple - just try and complete one thing before starting something else - you may find that doing things this way will then start to make life a bit easier for you.
In this week's SEN Update you will find information about:
I know how busy everyone always is, so please feel free just to read the sections that are of interest to you or read everything; the choice is always yours.
Don’t forget, to ensure that you never miss one, you can get my SEN Updates personally by completing your email details above,
or by following me on one of the social media platforms I use (i.e. Twitter/Facebook). You can also share this SEN Update with others (please only do so if it may be relevant to them) by using one of the icons, usually to the right or at the bottom of this page.
I'm starting to expect this now most weeks and have also noticed that it now seems to be getting later on a Friday (I hope this doesn't carry on like this, as most people will have already switched off for the weekend and may not see this information till the start of the next week).
At 6.45pm this time (I can't even call that late on Friday afternoon, as it is more like Friday evening), I received the latest email bulletin from the Department for Education's (DfE's) SEND Division, this week entitled: "***SEND Newsflash*** Announcements & publications during w/c 22 February ", which said: "Dear colleagues, It has been a busy week, and there is a lot to take in! We thought it would be helpful to draw together the various announcements and publications into one bumper newsflash for ease of reference:
- Actions for early years and childcare providers during the coronavirus (COVID-19) outbreak - Guidance for higher education providers - Coronavirus (COVID-19) contingency framework for education and childcare settings
- we published an Evidence summary: COVID-19 - children, young people and education settings - the Secretary of State wrote to education leaders setting out in more detail the plans to fully re-open schools. He also thanked leaders for their continued work and support during the latest lockdown. Leaders of special, special post-16 providers, and alternative provision schools were thanked in particular, for remaining fully open to children and young people with SEND.
- awarding qualifications in summer 2021 - making alternative arrangements for the award of VTQs and other general qualifications in 2021 Testing in specialist settings We have worked hard to give specialist settings additional flexibility on testing as attendance increases. For specialist settings this means:
A step-by-step guide to testing and frequently asked questions are available on the schools google drive. We will be publishing updated guidance on testing in specialist settings in the next week, the guidance will be published at https://www.gov.uk/government/publications/guidance-for-full-opening-special-schools-and-other-specialist-settings/mass-asymptomatic-testing-in-specialist-settings Many thanks Special Educational Needs and Disability Division" There is more, so I have split this into two parts this week...
...the email attached two things.
The first was entitled: "Message to education leaders from the Secretary of State for Education, Gavin Williamson" and said: "I would like to thank you for the huge effort that you have put in to provide remote and on-site education for pupils and students during these national restrictions, andindeed all of your hard work throughout the pandemic. I would particularly pay tribute to those leaders of special and alternative provision schools, and special post-16 providers, which have remained fully open to vulnerable children and young people throughout the latest lockdown. I recognise that this has been a verychallenging time. I am continually impressed with, and immensely grateful for, the tremendous work in ensuring that schools and colleges have been able to ensure children and young people continue to receive the best education possible. I am writing to set out in greater detail the easing of restrictions on face-to-faceteaching announced today. When the Prime Minister announced this lockdown, he was clear he would review the situation in mid-February and that the outcome of this review would be dependent upon the most vulnerable people being offered the first dose of the vaccine by 15 February, meaning they should have developed some immunity from the virus by about three weeks later, that is by 8 March. I am pleased to say that, thanks to the efforts of the NHS, volunteers and scientists, the Government has achieved this target and, following an in-depth analysis of the virus prevalence data, and the data on NHS capacity, both suggestthat infection rates have fallen across all ages, including in children and young people. Today, the Prime Minister set out the next phase of the Government’s response to coronavirus (COVID-19), including where restrictions on attendance at education settings can be lifted. The decision to ease restrictions is made on the balance of risk to public health and educational considerations. Return All schools, colleges and further education settings should allow full attendance from 8 March. Wraparound childcare, including childminders should also allow attendance for eligible children. School attendance will be mandatory for all pupils, with secondary schools and colleges able to phase return over the week of 8 March to allow students to be offered testing on return. The usual rules and duties around school attendance are in place from 8 March (including mandatory attendance). All schools should communicate expectations about regular attendance to pupils and parents. Schools should identify pupils at risk of disengagement and develop plans to re-engage them. Early years settings will continue to be open to all children, as they havethroughout the period of national restrictions. In further education settings, we expect that every 16 to 19 student (or 19 to 25 with an EHCP) will undertake the majority of their planned hours on site. For adults, as is best practice, further education providers should determine the appropriate balance of on-site and remote education and training, based on the type ofprogramme and the student’s ability to engage with the programme remotely. Higher education providers should recommence in-person teaching and learning from 8 March for students on practical or practice-based (including creative arts)courses who need access to specialist equipment and facilities. The Government will review, by the end of the Easter holidays, the options for timing of the return of remaining students. This review will take account of the latest data and will be a key part of the wider roadmap steps. Students and providers will be given a week’s notice ahead of anyfurther return. Based on the recent ONS data, the risks to education, childcare and HE staff aresimilar to those for most other occupations. Although the public health picture is improving, it remains crucial that steps are taken to reduce and mitigate any risks within education and childcare settings. DfE has worked closely with PHE to develop and refresh the system of controls to reduce the risk of transmission in education and childcare settings, based onscientific rationale. Rapid testingSince January, education leaders across schools, colleges and universities have been involved in a fantastic national effort to test their staff and students. Over 4 million tests have already been completed under your collective leadership and I would like to thank you for all the work you have done to set up the programme so far. Rapid testing will continue to remain a vital part of the Government’s plan to supress this virus, in education and childcare settings and across society. This sort of testing means that asymptomatic people who might otherwise continue to attend educational settings are identified and self-isolate. Twice-weekly asymptomatic testing is already available for secondary school, most college, primary school, special school, special post-16, school-based nursery and maintained nursery school workforce, including support staff such as teaching assistants and those supporting with wraparound childcare. Secondary schools and colleges have also been able to offer testing on return for their students, and we are now asking those leaders to put this in place for all students across the week of the 8 March as they return. Today, we have also announced the further expansion of this asymptomatic testing programme to include offering regular twice weekly testing of secondary school andcollege students at home, home based testing for secondary staff. Home testing willalso be available for Independent Training Providers and Adult and Community Learning Providers by the end of March. Rapid testing is already in place for those arriving or staying at university. We ask HE providers to offer two tests to all students eligible to attend their university or HE institution upon their return, and twice weekly asymptomatic testing to all students eligible to attend on-site, as well as providing testing for staff. All staff at private, voluntary and independent nurseries will have access to tests to use twice weekly at home, building on the testing already available to maintained nursery schools and school-based nurseries. Childminders can continue to accesscommunity testing, and the Department continues to work with colleagues across Government to review the testing approach available for childminders. Safety measures The return to on-site provision for all education, childcare and children’s social care settings will be supported by a range of actions designed to minimise the spread of coronavirus (COVID- 19). I know how hard you have all worked to implement thesemeasures and this continues to be vital. We have worked closely with PHE to develop and refresh the system of controls to reduce the risk of transmission in education and childcare settings, based on scientific rationale. The system of controls supports you to assess risk and implement measures to mitigate risk, including ventilating occupied spaces, introducing enhanced cleaning and retaining bubbles of students. We ask pupils, students and staff to continue to do everything they can to adhere to these measures, because it is vital that they are implemented well and consistently. In addition to the system of controls, where pupils in year 7 and above are educated, we recommend that face coverings should be worn by staff and pupils where social distancing cannot easily be maintained when moving around the premises outside of classrooms or teaching spaces, such as in corridors andcommunal areas. In the same settings for a limited period, we recommend the use of face coverings in classrooms and other teaching spaces, unless wearing a face covering would impact on the ability to take part in exercise or strenuous activity, for example in PE lessons, or for those who are exempt from wearing a face covering as set out in Government guidance. In primary schools and early years settings, face coverings should be worn by staff and adult visitors where social distancing between adults is not possible. Children in primary schools do not need to wear a face covering. Education recovery and qualifications I know you are completely aware that missing face-to-face education has severeimpacts for children and young people, with clear evidence that time out of face-to-face education is detrimental for cognitive and academic development, learning,health and wellbeing. That’s why the Government has been clear that restricting attendance in education settings was a last resort, and why education is being prioritised as we begin to ease restrictions. We will be setting out further measures for immediate support to children, early years settings, schools, colleges and local authorities later this week. I and Ofqual will also be setting out very soon further details of the alternative arrangements to exams. This follows the consultation which received over 100,000 responses, including from so many of you and your students. I am very pleased that we are able to return children and young people across England to their classrooms and colleges, to allow them to spend time with their friends and teachers and get back into the rhythms of the school or college year. Iwould like to thank you again for all the hard work you have done and continue to doto ensure that children and young people can return to face-to-face learning as smoothly as possible. The Rt Hon Gavin Williamson CBE MP Secretary of State for Education" The second attachment was entitled: 'Briefing Note for SEND stakeholders – Covid Recovery' and, in the interest of trying to keep this week's update shorter (it is already quite long as it is), although I'll include it here, please skip over it if it is of no interest to you...
The 'Briefing' said as follows:
"Briefing Note for SEND stakeholders – Covid Recovery As you will have seen, on 24 February, the government announced an additional £700m for a range of additional measures to give early years settings, schools, providers of 16-19 education – including specialist settings - and local authorities the tools they need to target support for all students. This builds on the £1 billion catch-up package announced in June 2020, and forms part of the wider response to help pupils make up their lost learning. Details of the package are set-out below. Recovery Premium A new one-off £302 million Recovery Premium for state primary and secondary schools will build on the Pupil Premium, to further support pupils who need it most. Schools have flexibility in how they choose to spend the premium. Primary schools will receive around £6,000 additional funding, and secondaries around £22,000 additional funding – bolstering summer provision for students. This funding can be used to lay onadditional clubs or activities or for other evidence-based approaches for supporting the mostdisadvantaged pupils, including those with special educational needs and disability (SEND), fromSeptember. The one-off Recovery Premium will be allocated to schools based on the same methodology as the pupil premium, including an additional weighting to specialist settings, recognising the significantly higher per pupil costs they face. Pupil premium eligible pupils in mainstream schools will attract £145 to their school and pupil premium eligible pupils in special schools, AP, hospital schools and special units in mainstream schools will attract £290 over the 2021/22 academic year. The Recovery Premium will be paid as a grant to all state-funded primary, secondary and special schoolsin England over the 2021/22 academic year. The timing of the payments will be confirmed shortly. Tutoring The announcement also confirmed £200 million (from the £300 million to expand successful tutoringprogrammes, announced by the Prime Minister in January), which will fund: An expansion of the National Tutoring Programme for primary and secondary schools, to allow more pupils to benefit from the power of regular tutoring which has been shown to boost catch-up learning by as much as 3-5 months. This will increase access to high-quality tuition for disadvantaged pupils, helping to accelerate their academic progress and tackling the attainmentgap between them and their peers. As with the current programme, we are committed to being as inclusive as possible by supplying suitable provision for supporting SEND pupils within all schools, including Special Schools. An extension of the 16-19 Tuition Fund for a further year to support more students in English, maths, and other vocational and academic subjects. Providers are asked to have regard to the needs of students with SEND when prioritising students that would benefit most for small group tuition. In line with usual 16-19 funding, children with SEND aged 19-24 who have an education, health and care plan will be eligible for the Tuition Fund where they meet the criteria. Adults are able to pause their learning where it has been significantly impacted by coronavirus and, in agreement with their provider, pick up from where they left off at a later date. Support for early language development in the early years, supporting a critical stage of childdevelopment. Summer Schools £200 million (including the final £100 million from the Prime Minister’s announcement) will be available to all secondary schools, including specialist settings, to deliver face-to-face summer schools. Schools will be able to target provision based on pupils’ needs but the government is suggesting they may want to initially target initially incoming year 7 pupils. This is alongside wider support funded through our Holiday Activities and Food Programme across the country. A range of high-quality online resources will be available for all teachers and pupils, starting from thesummer term and throughout summer holidays, will be provided by Oak National Academy, to help givepupils the confidence they are ready for the next academic year. The funding available for the summer schools programme supports a 2-week scheme for pupils most in need. The size and shape of the summer schools will be decided by school leaders who know best what a most effective summer school will look like for their pupils. We expect that most schools will want to offer a mix of academic, enrichment and pastoral activity to appeal to pupils and deliver the range of benefits that the evidence shows summer schools can deliver. Teachers will not be forced to do anything. Schools will need to determine how best to use the fundingand staff the scheme to ensure that the extra time is used effectively: teachers are best placed to deliver high quality educational content. Guidance will be published shortly. Next Steps Sir Kevan Collins has been appointed Education Recovery Commissioner to engage with parents, teachers, and education providers to review how evidence-based interventions can be used to address the impact the pandemic has had on learning. Sir Kevan will be advising the Secretary of State and thePrime Minister on a longer-term plan."
Finally, in terms of news, here's a few news articles that I found of interest:
Covid tests and masks: School prepares for return to class Summer catch-up schools planned for pupils in England Doctors fear new child mental health crisis in UK, made worse by Covid Vulnerable children 'forgotten' in Covid vaccine rollout, say UK charities
Where can I find further information?
Again, aside from clicking on the relevant links for more information, I would also remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Keep safe until next week. With best wishes Douglas
P.S I understand that there are a number of educational or other useful resources now on the web, so I would be very grateful if you could let me know of any that you find that other people may find useful, so that I can direct people to it.
How useful do you find my SEN Updates?
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Douglas Silas, Specialist SEN Solicitor 25/1/2021 Hope that you have had a good week and have settled into a routine of sorts. Routine and consistency is always the key to everything, but the trick is to create positive habits and try and avoid developing negative habits - easy to say, but very hard to do sometimes! I am going to try and keep this update a little lighter this week, but I do want to try and bring your attention to a few things in case you need them. I hope that this helps again. Don’t forget, to ensure that you never miss one, you can get my SEN Updates personally by completing your email details above, or by following me on one of the social media platforms I use (i.e. Twitter/Facebook). You can also share this SEN Update with others (please only do so if it may be relevant to them) by using one of the icons, usually to the right or at the bottom of this page. The first thing that I want to draw your attention to today is the fact that my friends at IPSEA (Independent Providers of Special Education Advice) last week updated their information page on their website about how the COVID-19 measures will affect children and young people with special educational needs and disabilities, to deal with all the latest Government guidance. Rather than me telling you what it says, you can read it for yourself here: 'IPSEA update on COVID-19 and SEN provision'. IPSEA have also added to their templates page, a model letter for making a complaint when a school is not using their best endeavours and/or refusing attendance for a vulnerable child during the National Lockdown, which you can find here: 'Model letters' This next section will not apply to everyone, so please feel free to skip it if it means nothing to you. Again, I received another email from the Special Education Needs Division at the Department for Education (DfE), which this time stated: "Dear colleagues, We would like to draw your attention to a new PPE Portal for Special Schools and Specialist post-16 institutions, and to the joint DfE/Ofqual consultations on the arrangements for awarding grades for GCSE, AS, A levels, and for vocational and technical qualifications this summer (deadline 11.45pm on 29 January). PPE Portal On 19 January Special Schools and Special Post-16 Institutions (SPIs) across England received an email invitation to register with the Department of Health and Social Care’s (DHSC’s) PPE Portal. Using the PPE Portal Special Schools and SPIs can place a weekly order of PPE (free of charge) to meet their Coronavirus (COVID-19) PPE needs. Residential Special Schools and Residential Post-16 Institutions will have already received an email invitation in August 2020. This source of PPE (via the PPE portal) is solely for Coronavirus (COVID-19) requirements as outlined in the our guidance: Safe working in education, childcare and children’s social care settings, including the use of personal protective equipment (PPE), and should not be repurposed for any other use. As per this guidance, Coronavirus (COVID-19) PPE requirements are limited to PPE use in the following scenarios: (i)when dealing with a child or individual who is symptomatic (and a distance of two metres cannot be maintained), and (ii)when performing aerosol generating procedures (AGPs). DHSC advise that schools are still required to supply their own PPE (from their usual supply channels) for any other purpose. Special schools and special post-16 institutions should have received the email invitation from: [email protected]. It has been sent to the email address which your setting has registered with the Get Information About Schools database. This is the only email address which is eligible to register. Please ensure that you have checked your junk folder. If you have not received the email invitation, please contact the Customer Service team at 0800 876 6802 who will be able to help support you in registering with the portal. Please wait until close of play on Wednesday, 27 January before enquiring about not receiving an email invitation. To confirm the eligibility of the setting you will need to provide the setting’s URN (you can check the URN at https://get-information-schools.service.gov.uk/)." It also stated: "Consultation on arrangements for awarding grades in summer 2021 Last Friday, the Department for Education and Ofqual launched joint consultations on arrangements for awarding grades for GCSE, AS and A levels this summer and on awarding arrangements for a range of vocational and technical qualifications. We are interested in your views on the consultation proposals, in particular, the equality impact assessment of the proposals. The deadline for responses to both consultations 11:45pm on 29 January 2021." Finally, there was some news of interest, as follows: - 'School attendance in England higher than first lockdown' - 'One in four UK young people have felt 'unable to cope' in pandemic'. - 'Covid: Gavin Williamson hopes England's schools will reopen by Easter' Where can I find further information? Again, aside from clicking on the relevant links for more information, I would also remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web, so I would be very grateful if you could let me know of any that you find that other people may find useful, so that I can direct people to it.
Douglas Silas,
Specialist SEN Solicitor 18/1/2021
So, we just seem to be settling in again; although it appears that whilst a lot of people are once more working from home if they can, many more children and young people this time seem to be (sometimes only timidly) going back to school or college, if they are allowed to.
I must admit though that I was pleasantly surprised to hear from some people after my first (now) weekly SEN Update last week, thanking me for keeping them updated. So I write now this week again, this time knowing that there are many people being helped by my doing weekly updates again, in now in what is our third 'lockdown'. As I provided you with a lot of information/signposting last week, this week I was going to focus on just a few things. However, there is still a lot of information or news out there that I want to bring to your attention, so this week's update is a bit longer than I expected! Again though, I hope that this helps people.
Don’t forget, to ensure that you never miss one, you can get my SEN Updates personally by completing your email details above,
or by following me on one of the social media platforms I use (i.e. Twitter/Facebook). You can also share this SEN Update with others (please only do so if it may be relevant to them) by using one of the icons, usually to the right or at the bottom of this page.
The first thing that I want to draw your attention to is a letter sent out a few days ago on the afternoon of Thursday 14/1/2021 by the Department for Education's (DfE's) Special Educational Needs and Disability Division, entitled 'SEND NEWSFLASH - Special & alternative schools guidance & open ministerial letter', which stated:
'Dear colleagues, We would like to draw your attention to the additional guidance published today for special schools, specialist post-16 providers, and alternative schools (including hospital schools) during the national lockdown period. It should be read alongside the main guidance document: Restricting attendance during the national lockdown: schools and the Further education guidance for restricting attendance during the national lockdown, which covers the main operational issues. Please also find attached an open letter from Vicky Ford MP, Parliamentary Under Secretary of State for Children and Families to children and young people with SEND, their families, and those who work to support them. Regards, Special Educational Needs and Disability Division.' The open letter from Vicky Ford MP then stated: "To all children and young people with special educational needs and disabilities (SEND), their parents/carers and families, and others who support them. As you will be aware, on Monday 4th January, the Prime Minister announced a national lockdown to control the spread of coronavirus (COVID-19), which is expected to last until at least mid-February. Unfortunately, this means we have to return to restrictions on attendance at schools and colleges. I know that these restrictions are a source of anxiety for many children and young people with special educational needs and disabilities (SEND) and their families. As the Minister for Children and Families, I am committed to ensuring that appropriate education and support is available for all children and young people during the national lockdown, whether they are attending their education setting or at home. I am grateful to the families who provide care to their children and the professionals who work tirelessly to support them. I am pleased to assure you that children and young people with an EHC plan should be allowed to continue attending their education setting if their parent wants them to (or, for post-16 provision, if the young person wants to attend), as they are classed as vulnerable for the purpose of determining which children and young people should be allowed to attend school or college during this period. The definition of vulnerable also includes others at the education setting and local authority’s discretion, including pupils and students who need to attend to receive support or manage risks to their mental health. We know that many children and young people with SEND have faced challenges during the pandemic and I am committed to ensuring that we support their attendance wherever possible. Where, for any reason, it is not possible for a child or young person with SEND – including both those with an EHC plan and those who are supported through SEN Support – to attend their education setting during this period, they should receive remote education and support. The legal duty on schools and colleges to use their best endeavours to meet the special educational needs of their pupils and students, including those supported through SEN Support, remains unchanged, whether they are attending school or college or at home for any period. Attendance at education settings In the face of the rapidly rising numbers of cases of COVID-19 across the country and intense pressure on the NHS, it is essential that we reduce opportunities for mixing and transmission. For this reason, only vulnerable children and young people (including those with EHC plans) and children of critical workers should attend their school or college. Guidance on who should be allowed to access a school place can be found here: https://www.gov.uk/government/publications/coronavirus-covid-19-maintaining-educational-provision/guidance-for-schools-colleges-and-local-authorities-on-maintaining-educational-provision. This is not a decision that we have taken lightly. I am aware of the challenge that this will present to children and young people, their parents and teachers. We will review this position regularly to ensure that all children and young people can return to face-to-face education as soon as possible. I want to reassure you that the decision that attendance should be limited does not suggest that schools and colleges have become significantly less safe for children and young people. The risk of children and young people becoming seriously ill from COVID-19, including the new variant, continues to be very low, with the overwhelming majority experiencing no symptoms or very mild illness only. For children and young people who continue to attend their education setting, and their teachers, the system of protective measures means that any risks are well managed and controlled. Details on the system of protective measures that schools should put in place are included in guidance here: https://www.gov.uk/government/publications/actions-for-schools-during-the-coronavirus-outbreak. All pupils and students not receiving face-to-face education for whatever reason should be provided with suitable remote education. Education settings should work collaboratively with families, putting in place reasonable adjustments as necessary, so that pupils with SEND can successfully access remote education alongside their peers. We have also published a list of high quality online educational resources to support home learning. This includes resources that are suitable for pupils and students with special educational needs and disabilities (SEND) of all ages, from early years to those in further and higher education settings. The list of resources can be found here: https://www.gov.uk/guidance/get-help-with-remote-education#special-educational-needs-and-disabilities-send. In addition, where a child or young person has an EHC plan, it remains the duty of the local authority and health commissioning body to secure or arrange the provision specified in the plan under section 42 of the Children and Families Act 2014. However, I know that there may be times where it becomes more difficult to do so than usual. In these circumstances, education settings, local authorities and health partners (where applicable) should discuss with families to co-produce alternative arrangements for delivering provision. These decisions should be considered on a case-by-case basis which takes account of the needs of and circumstances specific to the child or young person, avoiding a one size fits all approach. At this stage, we do not intend to use the powers under the Coronavirus Act 2020 to modify the section 42 duty, but we will keep this position under review based on the evidence. Special schools and special post-16 institutions should continue to welcome and encourage pupils and students to attend full-time (or as per their usual timetable) where the parent or carer wishes for their child to be able to attend (or for post-16 settings, where the young person wishes to attend). However, I know that there may be circumstances where it is not possible for specialist settings to provide their usual interventions and provision at adequate staffing ratios, or with staff with vital specialist training. In these cases, settings should seek to resume as close as possible to full-time provision as soon as possible, discuss these decisions with families in advance to agree an approach that would be in the child or young person’s best interests, and then keep this under review. Guidance for special schools and specialist settings is available here: https://www.gov.uk/government/publications/guidance-for-full-opening-special-schools-and-other-specialist-settings. Some children and young people and their families may be understandably apprehensive about attending school or college, even where they may benefit from the routine and support available through continued attendance. In the first instance, I strongly encourage parents or young people to discuss any concerns with the education setting, to see whether any reassurance could be provided or adjustments made to support attendance. Education settings, working with other local partners where appropriate, should consider carefully the concerns of the parent or young person and work collaboratively with families so that, where appropriate, the child or young person can be supported to attend. The decision for a child or young person with an EHC plan to stay away from their education setting is ultimately a matter of choice rightly for parents and young people. If a parent wishes for their child to be absent or a young person chooses not to attend, they should inform the education setting of this so it can be properly recorded. Given the exceptional circumstances, the Departmental guidance is clear that it expects leaves of absences to be granted. Absence will not be penalised. Children who are clinically extremely vulnerable The Department of Health and Social Care (DHSC) has published updated guidance on shielding and protecting people who are clinically extremely vulnerable from COVID-19, which is available here: https://www.gov.uk/government/publications/guidance-on-shielding-and-protecting-extremely-vulnerable-persons-from-covid-19. As our knowledge of COVID-19 has grown, we now know that very few children and young people are at highest risk of severe illness. Doctors have therefore been reviewing all children and young people who were initially identified as clinically extremely vulnerable to confirm whether they are still thought to be at the highest risk of becoming seriously ill and discussing this with families. Those aged 18 or over who have been identified as clinically extremely vulnerable should have received a letter informing them of the updated guidance. Where parents have discussed this with their child’s doctors and doctors have confirmed that a child or young person is still considered clinically extremely vulnerable (or, for those aged 18 and over, they have received a shielding letter), they are advised not to attend their education setting during the national lockdown. Education settings should work with local authorities and health partners to ensure that remote education and support is put in place for any pupils or students who are not attending their education setting. Mass testing in specialist schools and special post-16 institutions The Government is delivering a programme of rapid asymptomatic testing in the first half of the Spring term for children and young people in year 7 and above (or equivalent) and school staff, which will be delivered in mainstream and special schools with secondary-aged pupils, special post-16 institutions, Pupil Referral Units and other Alternative Provision schools. This will help to identify asymptomatic positive cases and break the chains of transmission of coronavirus. This is particularly important in special schools and specialist colleges, where the education and care provided often involves close proximity between children or young people and staff and social distancing can be harder to observe. Testing is voluntary, so no child or young person will be tested unless informed consent has been given by the appropriate person (usually the parent or young person). As such, no children or young people will be prevented from receiving face-to-face education if for any reason they are not tested. The test involves a swab of the throat and/or nose. Although the majority of secondary-aged children and young people will be able to self-swab, we recognise that the self-swabbing may cause significant concerns for some children and young people with SEND. Where self-swabbing is not possible, special schools and special post-16 institutions are likely to have staff who have undertaken a variety of training to support health needs and who could administer swabs where appropriate. In exceptional circumstances, settings may want to work with parents to agree to a parent coming in to support their child to self-swab or to swab their child. Detailed guidance on mass asymptomatic testing in specialist settings is available here: https://www.gov.uk/government/publications/guidance-for-full-opening-special-schools-and-other-specialist-settings/mass-asymptomatic-testing-in-specialist-settings. Resources and information for staff have been made available to schools and colleges as they set up their programme. More information for young people and their families, including visuals and easy-read format written materials, will be made available shortly. Health services and respite for children and young people with SEND During the national lockdown, there continues to be an exception to the restrictions on leaving your home and on gatherings set out in Regulations for provision in an EHC plan. This means that children and young people can continue to receive appropriate support from health and social care services where it is reasonably necessary for the purposes of provision specified in an EHC plan. Specialists, therapists, clinicians and other support staff can provide interventions as usual, including where this requires them to move between settings. In addition, there is also an exception to the restrictions on leaving your home and on gatherings set out in the Regulations where this is reasonably necessary for the purpose of respite care for a vulnerable or disabled person. This means that parents and carers may continue to access respite care to support them in caring for their disabled children during the national lockdown, including both services which care for children away from home and care which is delivered in the family home. Guidance for parents on early years providers, schools and colleges, which sets out that respite provision for families of disabled children can continue to operate, is available here: https://www.gov.uk/government/publications/what-parents-and-carers-need-to-know-about-early-years-providers-schools-and-colleges-during-the-coronavirus-outbreak. I know that there are many positive examples of local authorities having worked with families to agree flexible solutions for delivering support – for example, increasing the use of direct payments – and I would encourage this collaborative working to continue. Parents of disabled children under 5 who require continuous care can also continue to form a support bubble with one other household, and parents of all children under 14 can continue to form a childcare bubble. Guidance on making a support bubble with another household can be found here: https://www.gov.uk/guidance/making-a-support-bubble-with-another-household. Building on the support that we have secured to date to ensure that health services for children and young people with SEND (for example, therapies and community children’s nursing) continue to be prioritised, on 10 December, the Chief Allied Health Professions Officer (England) circulated a letter highlighting the importance of the continuation of services delivered by Allied Health Professionals (which includes therapies) for children and young people with SEND. The letter emphasised that services should continue to be prioritised and that the redeployment of Allied Health Professionals should be avoided wherever possible. This enables the provision of therapy services for children and young people with SEND to continue or to be restored where there has been disruption. I know that this national lockdown will be challenging for children and young people with SEND and their families. I am incredibly grateful for the continued dedication and diligence of those who work to support them, whilst recognising that there may be circumstances in which it is more difficult than usual to do so. Co-production and effective communication between all partners continue to be key to ensuring that children, young people and their families can access high quality education and specialist professional care, working together to coproduce alternative methods of delivering this where appropriate. Yours sincerely, Vicky Ford MP Parliamentary Under-Secretary of State for Children and Families" There's not really anything I can add to this, is there?.
As ever, there was a lot of other news this week.
Since I know everyone may not have time to read everything in my updates, I will just signpost you to the articles that I found most interesting and let you go and read them if they are of interest to you: - BBC News - 'Covid-19: Early years staff 'should have vaccine priority'; - Sky News - 'COVID-19: Poorest families hit hardest by pandemic and will find it hardest to recover - report'; and also: - The Guardian - ''We feel forgotten': special needs teachers on helping England's vulnerable children'; - BBC News - 'Covid-19: Special school staff want jab priority'.
But I now that many parents don't just want to read the news, they want practical help!
I was therefore really pleased then when I saw a tweet from the Scope organisation which read: "We want all disabled children and their families to get a good night’s sleep. Our sleep team has lots of useful knowledge and tips to share. Listen now to our first podcast series - transcripts also available. https://scope.org.uk/advice-and-support/sleep-podcast/…
Where can I find further information?
Again, aside from clicking on the relevant links for more information, I would also remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN
Keep safe until next week.
With best wishes Douglas
P.S I understand that there are a number of educational or other useful resources now on the web, so I would be very grateful if you could let me know of any that you find that other people may find useful, so that I can direct people to it.
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by Douglas Silas,
Specialist SEN solicitor 11/1/2021
So we’re back into another ‘lockdown’ again!
It feels like March 2020 again doesn’t it? Although this time we should probably feel better prepared than the first time. But it’s back to homeschooling and online learning for children and young people, with many exhausted parents trying to teach their children once more (some whilst still working) . I recall a popular joke going round last Spring/Summer about homeschooling with a child reported as saying: ‘My teacher this year is not very good, I hope that I don’t have them next year!’ Makes you think, doesn't it? Anyway, as I realise that there are many people again out there with difficulties or limited time (and I know parents of children and young people with SEN often have it doubly or triply hard), I have decided to once more try and do my bit to support everyone. So I am starting up my weekly updates once more, to try and help parents and professionals or save them precious time from having to look for things themselves, by signposting them to news or information that I find. I hope that this helps people again.
Don’t forget, to ensure that you never miss one, you can get my SEN Updates personally by completing your email details above,
or by following me on one of the social media platforms I use (i.e. Twitter/Facebook). You can also share this SEN Update with others (please only do so if it may be relevant to them) by using one of the icons, usually to the right or at the bottom of this page.
The first thing I want to clarify here is what the new 'lockdown' rules actually mean for pupils.
The best summary that I have found is on the website of the Council for Disabled Children (CDC) on a page entitled: 'Changes to national restrictions and temporary school closures' (updated on 5/1/2021), which states as follows: "On Monday 4th January 2021 the Prime Minister announced that England will move into new national lockdown restrictions, in response to data on the increased transmissibility of the new variant of coronavirus, in order to bring the virus under control whilst the vaccine programme is rolled out. The details set out below are based on the current guidance however, we are aware this is a rapidly changing situation and we will update this page as we receive further information. CDC is working across its networks including SENDIASS and the DCO/DMO forum to ensure information about the current situation is clear to both professionals and families across a range of agencies. If you have additional questions relating to the guidance or the new restrictions please contact us at [email protected]. What has changed for Clinically Extremely Vulnerable children?
What has changed for schools and colleges?
Who can continue to attend school and college? The Government states that: “the problem is not that schools are unsafe for children – children are still very unlikely to be severely affected by even the new variant of Covid. The problem is that schools may nonetheless act as vectors for transmission, causing the virus to spread between households.” Children and young people can continue to attend school or college if they:
In practice, to ensure high quality education for children and young people who need to continue to attend school or college, this may require creative approaches from settings including consideration of staffing rotas and blended remote and face to face learning based on the individual needs of children, young people and their families."
I would also like to remind you that the Government still has a page up on its website entitled: 'Supporting your children's education during coronavirus (COVID-19)', which is still useful (although it was last updated in July 2020), which states as follows:
"This page and information for teachers will be updated regularly to include further resources and reflect the latest information and developments. While staying at home due to coronavirus, parents and carers may be worried about their children’s development and the effect of missing school or nursery. No one expects parents to act as teachers, or to provide the activities and feedback that a school or nursery would. Parents and carers should do their best to help children and support their learning while dealing with other demands. Get specific advice on how education can continue at home for children:
Alongside any work your children receive from school, you can try using online educational resources covering various subjects and age groups. Educational programmes to help children learn at home are available from the BBC. Have regular conversations about staying safe online and tell your child to speak to you if they come across something worrying online. Mental health and wellbeing The change of routine and staying at home may make this a difficult time for some children. Public Health England has published advice on how to support your children’s wellbeing during the coronavirus outbreak. Guidance is also available to help you look after your own mental health. Advice on helping children continue their education during coronavirus Help children aged 2 to 4 to learn at home during coronavirus (COVID-19) Information on making child development a part of everyday life and play. Help primary school children continue their education during coronavirus (COVID-19)How to provide support and feedback and structure the day. Help secondary school children continue their education during coronavirus (COVID-19)How to help your child organise their time. Help children with SEND continue their education during coronavirus (COVID-19)Resources designed to support special educational needs and disabilities.
And, although I know that it isn't strictly focused on SEN, as I know that parents and professionals also have or are involved with other children and young people, I want to also signpost you to another page on the Government's website entitled: 'Guidance and support', which further signposts you to additional information, which states as follows:
"Pupil wellbeing and safety
Testing in schools, colleges and universities
Home learning during coronavirus
Exams and managing a school or early years setting - Exams and assessments - Managing a school or early years setting
- Recording attendance - Childcare, holiday clubs, and after school care - Working safely Funding and support for education and childcare
University students and higher education
Where can I find further information?
Aside from clicking on the relevant links for more information, I would again remind you of the very useful resources and information provided on the following websites:
- IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN
Keep safe until next week.
With best wishes Douglas
P.S I understand that there are a number of educational or other useful resources now on the web, so I would be very grateful if you could let me know of any that you find that other people may find useful, so that I can direct people to it.
How useful do you find my SEN Updates?
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by Douglas Silas
Specialist SEN solicitor
Can you believe that we are already now coming towards the end of this very strange and difficult year for everybody of 2020. I think we have also all now gradually become a bit desensitised to the incredible changes that we have seen throughout this year.
We are also now constantly being bombarded with (sometimes irrelevant) information from every which way that we turn. Keeping up with things takes up more and more of our valuable time, so we now have to be very careful, otherwise we may not have any quality time left to spend time with our family, to focus properly on work or to do the other tasks that we need or want to do. So, I have now decided to try and keep these updates more focused on providing just the information that I think that people need to know about what is happening in the world of SEN. (I will still try to recount a personal story at the end though, as some people tell me that this is what they really read my updates for!) In this update, you will find sections entitled:
Don’t forget, to ensure that you never miss one, you can get my SEN Updates personally by completing your email details above,
or by following me on one of the social media platforms I use (i.e. Twitter/Facebook). You can also share this SEN Update with others (please only do so if it may be relevant to them) by using one of the icons, usually to the right or at the bottom of this page.
CURRENT GUIDANCE ON SEN & COVID-19
I always try to provide up-to-date SEN news in my updates. The only difficulty with this is that my updates are only prepared once every half term, so there is always a lot of information out there for people to go through! As I do not want to overload people with information, I am going to try to focus in this section on the main current guidance (x 2) about SEN and Covid-19, which was provided by the DfE (Department of Education) at the end of last week, entitled: • ‘Guidance for full opening: schools’ [updated on 5/11/2020] and • ‘What parents and carers need to know about early years providers, schools and colleges in the autumn term’ [updated on 6/11/2020]. As both of these sets of guidance are very long and detailed, I would encourage you to read them for yourselves directly if they concern or are of interest to you, by clicking on one of the links above. However, let me quickly give you an overview here. ‘Guidance for full opening: schools’ [updated on 5/11/2020] Focuses on how the DfE expects schools to now operate and includes: • school operations • curriculum, behaviour and pastoral support • assessment and accountability • contingency planning to provide continuity of education in the case of a local outbreak Introduction, then set out in 5 sections, as follows: Section 1: Public health advice to minimise coronavirus (COVID-19) risks, which covers: • Risk assessment • The system of controls: protective measures • Prevention • Response to any infection This section then expands ‘Prevention’, to cover: 1. Minimise contact with individuals who are unwell by ensuring that those who have coronavirus (COVID-19) symptoms, or who have someone in their household who does, do not attend school 2. Where recommended, use of face coverings in schools 3. Clean hands thoroughly more often than usual 4. Ensure good respiratory hygiene by promoting the ‘catch it, bin it, kill it’ approach 5. Introduce enhanced cleaning, including cleaning frequently touched surfaces often using standard products, such as detergents 6. Minimise contact between individuals and maintain social distancing wherever possible a. How to group children b. Measures within the classroom c. Measures elsewhere d. Measures for arriving at and leaving school e. Other considerations 7. Where necessary, wear appropriate personal protective equipment (PPE) 8. Keeping occupied spaces well ventilated 9. Engage with the NHS Test and Trace process 10. Manage confirmed cases of coronavirus (COVID-19) amongst the school community 11. Contain any outbreak by following local health protection team advice It also covers ‘Alternative Provision’. Section 2: School operations: • Transport • Dedicated school transport, including statutory provision • Wider public transport • Pupils travelling from abroad • Attendance • Self-isolation and shielding • Pupils and families who are anxious about attending school • Action for all schools and local authorities • School workforce • Staff who are clinically extremely vulnerable • Staff who are clinically vulnerable • Staff who are pregnant • Staff who may otherwise be at increased risk from coronavirus (COVID-19) • Employer health and safety and equalities duties • Supporting staff • Staff deployment • Deploying support staff and accommodating visiting specialists • Recruitment • Supply teachers and other temporary or peripatetic teachers • Expectation and deployment of ITT trainees • Performance management and appraisal • Staff taking leave • Other support • Safeguarding • Catering • Estates • Educational visits • School uniform • Wraparound provision and extra-curricular activity Section 3: Curriculum, behaviour and pastoral support: • Curriculum expectations • Education is not optional • The curriculum remains broad and ambitious • Specific points for early years foundation stage (EYFS) to key stage 3 • Specific points for key stages 4 and 5 • Music, dance and drama in school • Minimising contact between individuals • Performances • Peripatetic teachers • Music teaching in schools and colleges, including singing, and playing wind and brass instruments in groups • Playing outdoors • Playing indoors • Singing, wind and brass playing • Social distancing • Seating positions • Microphones • Handling equipment and instruments • Handwashing • Avoiding sharing instruments • Handling scores, parts and scripts • Suppliers • Pick up and drop off points • Individual lessons and performance in groups • Social distancing • Avoid sharing instruments • Physical activity in schools • Catch-up support • Behaviour expectations • Pupil wellbeing and support • Hospital schools Section 4: Assessment and accountability: • Inspection • Primary assessment Section 5: Contingency planning for remote education: • Process in the event of local outbreaks • Contingency plans • Remote education expectations • Special educational needs • Vulnerable children • Delivering remote education safely • Remote education support Annex A: Health and safety risk assessment: • Sharing your risk assessment • Monitoring and review of risk controls • Roles and responsibilities • Wider guidance on the risk assessment process • Consulting employees (general) • Resolving issues and raising concerns • Approach to risk estimation and management Annex B: education, health and care (EHC) plans: • SEND legislation • Risk assessments for children and young people with education, health and care plans (EHC) ‘What parents and carers need to know about early years providers, schools and colleges in the autumn term’ [updated on 6/11/2020] Covers matters similar to the above but now from a parent’s perspective and also includes things like attendance/assessments/admissions/uniform/mental health & well-being/local restrictions etc. I hope that this helps you.
THIS UPDATE’S FOCUS IS ON…
IPSEA (Independent Provider of Special Educational Advice) If you received my weekly updates during March to July, focused on the Covid-19 ‘lockdown’, you may recall that I not only highlighted information that I found in the news, but also as much useful information that I could find on other helpful education/disability websites. I have therefore decided to try and now make the second section of these updates focus on organisations like these, to try and signpost people to information/resources that they are able to provide to people. In this update, I want to draw your attention to IPSEA (Independent Provider of Special Educational Advice) and some of the information that they provide on their website and tell you a little bit about what they do. I have been dealing with SEN cases personally as a solicitor for nearly 25 years now. Throughout this time, whether as a ‘baby’ lawyer, or the more experienced lawyer that I hope that I have now become, I have always been involved with IPSEA in one way or another. I have also been extremely lucky during that time to watch IPSEAblossom into the very effective organisation it is now, which consistently provides help to both parents (mainly) and professionals involved with SEN. Their website is updated regularly, including for the past seven months or so about Covid-19, school re-opening and SEN provision. Under their page entitled ‘Who we are’, they say the following: “Independent Provider of Special Education Advice (known as IPSEA) is a registered charity (number 327691) operating in England. IPSEA offers free and independent legally based information, advice and support to help get the right education for children and young people with all kinds of special educational needs and disabilities (SEND). We also provide training on the SEND legal framework to parents and carers, professionals and other organisations. Why families need IPSEA By law, children with SEND are entitled to educational support that meets their individual needs. Since IPSEA was formed in 1983, we have helped to improve educational support for thousands of children with all kinds of SEND. We do this by providing free and independent legally-based information, advice and casework support. Our unique range of services has been developed to ensure that families understand their children’s legal rights and entitlements and that they are empowered to enforce those rights to secure the right education for their child. How we help IPSEA has a suite of free downloadable legal guides and resources available to parents and carers. These guides are complemented by a free Advice Line which provides legally based information and next step advice on any educational issue that is a result of a child's SEND. IPSEA’s Tribunal Helpline gives next step advice on appeals and disability discrimination claims to the SEND Tribunal and is also the gateway to our Tribunal Support Service where a referral can be made for more extensive casework support from a volunteer, including representation at the hearing. Our advice services are delivered by a national network of around 200 highly-trained volunteers, supervised and supported by IPSEA’s Legal Team members. IPSEA provides legal training for parents, school staff, parent carer forums, support groups and other organisations in order to increase their knowledge and understanding of the SEN legal framework. The proceeds raised from our training courses helps fund IPSEA’s core services (Advice Line, Tribunal Helpline and Tribunal Support Service). We also work to challenge unlawful SEND policy and influence policy development at both a local and national level. Our policy work is informed by information and evidence captured through our training and advice services, and has been instrumental in shaping law and policy in the field of special educational needs and disability. IPSEA also provides information about the range of services that they have developed and on their page entitled ‘Our Services’ they say as follows: “Our unique range of services has been developed to ensure that families, and those advising them, understand children and young people’s legal rights and entitlements to education provision. Advice Line Our Advice Line provides legally based information and next step advice on any educational issue that is the result of a child’s special educational needs or disability Tribunal Helpline Our volunteers give next step advice on appeals and disability discrimination claims to the SEND Tribunal Tribunal Support Service We make referrals for more extensive support from a volunteer, including representation at Tribunal hearings Information Service Our Information Service is for general legal enquiries and will signpost you to fact sheets and resources on our website” If parents need help about SEN, IPSEA provide other information and also some model letters about which they say: “You can download and amend our model letters to use for your own purposes. You should read the relevant section of the site about each topic first to ensure you understand how and when to use these letters. EHC needs assessments · To request an Education, Health and Care needs assessment (Model letter 1) · To request a re-assessment (Model letter 2) · Complaining when the LA does not respond to a request for an EHC needs assessment within the 6 week time limit (Model letter 9) · Complaining when an EHC needs assessment is not being carried out properly (Model letter 7) · Complaining when the LA has not issued the draft or final EHC Plan following assessment (Model letter 10) Amending EHC plans · To respond to the draft EHC plan sent by the LA (Model letter 3) · Complaining when the LA will not consider the school or college you want named in your EHC plan (Model letter 14) · Objecting to the amendments the LA is proposing to an existing EHC plan (Model letter 4) · Complaining when the local authority does not send out the final amended EHC plan in time (Model letter 15) IPSEA also provides a range of training to both parents and professionals (see their page entitled: ‘Learn about and book training’) and they also provide two very informative pages, entitled ‘News’ (which is constantly updated) and ‘IPSEA Blogs’. As I say, IPSEA is a very effective organisation for those parents and professionals who need to know about SEN. I hope that this also helps you.
FORTHCOMING SEN EVENTS
In my last SEN Update (at the beginning of the Autumn Term 2020-21), I said that the main SEN events that were due to take place around this time (many of which had been previously due to take place earlier this year) have had to be put off until next year now. I know that the Autism Show ran a webinar week recently, but it will not be up and running in person again until next June/July 2021. In terms of more forthcoming SEN events, I would draw your attention to the following:
I do realise that further changes in the Covid-19 pandemic rules may again affect whether these events actually can go ahead in person or not, so I would encourage you to keep abreast directly of what is happening with them, if one of these events interests you.
I CAN’T MOVE I’M AFRAID…
Having been working from home on a full-time basis for the last seven months or so, I am no longer galivanting around the place in my wheelchair in London (where I live), or going on my little ‘adventures’ around the world (where I go on my charity bike rides). Although I can still go to events/places ‘virtually’, over these recent months I have been reflecting on some of the situations that I have found myself in over the years, some of which have been quite amusing sometimes. So, I want to share some of these stories with you here. In this update, I want to first tell you about what happened to me when I was supposed to be going to a very prominent event, where an eminent person was due to be giving a lecture. The event was held in a very prestigious place in the midst of winter. As I knew that it would be a sought-after event, I had booked places well ahead of time and took some of my team with me. I was really looking forward to it and put a lot of planning into making sure that I could be there. How different things would have been now if the lecture had been given virtually, so that I would be able to enjoy it from the comfort of my own home. As I cannot use public transport in my electric wheelchair, we all took a large people-carrier cab up to the venue (which can also transport my wheelchair for me). We were all very excited to be going to the event and I had planned for us to arrive at the venue in good time, in order to get ahead of the curve and get good seats near the front, where I would be able to properly see the speaker (I am afraid that I also have a visual impairment, so I need to sit as close as possible to the front of a seated event, in order to see the speaker properly). However, although we arrived in good time, when we got there and the cab driver took my wheelchair out of the cab for me to sit in, after I sat in it and only moved forward just a few inches, one of my front castors (the small wheels on the front of a wheelchair) came off, so I suddenly came to a complete halt and was almost tipped out forwards from the wheelchair. The castor had obviously been coming off slowly and had probably chosen this time to come off completely, so as to cause me the maximum difficulty! At the same time, the doorman of the venue, who could see that something was wrong, came down to ask me if he could help me with anything (the venue had a number of steps up to the entrance, so I had anticipated that I would be taken to a side entrance to get in, as I usually have to). When he saw the predicament that I had been placed into, he kindly brought out a chair for me to sit on. However, as it was quite a stately venue, the only chair that he could find to bring me was a very proper and ornate high-backed one, that looked a bit like a throne! Although it was very comfortable for me to sit upon, I now felt a little bit strange and self-conscious sitting on it at the front of this venue, watching people go inside, like I was some sort of king observing his subjects. Try as we may, we could just not get the castor back onto the wheelchair safely and, as time was now going by quickly and I could see lots of people arriving and going into the venue, I told the other members of my team that they should go in now and enjoy the lecture without me, which they reluctantly did, after my insistence. I then called for another cab to pick me up and take me home, but was then told that it would now be a 30 minutes or so wait, as it was the rush hour at the end of the working day. So, I waited on my ‘throne’ outside at the front of the venue, with my lopsided wheelchair besides me, getting colder and colder. Remember it was mid-winter and I had thought that I was traveling to and from the venue in a warm cab, so I was not really dressed up as warmly as I should have been. Every once in a while (although, to my increasing embarrassment, it seemed constantly), people going into the venue would ask me if I was alright and whether they could help me go in (they could see my wheelchair besides me, so had realised that I was physically disabled). I just kept smiling though as much as I could (it really was not easy) and just told them that I was fine, even though I was clearly demonstrably not! Finally, just before the cab arrived and helped to end this awful chapter in my life, although I had managed to by then to keep smiling and give out my standard response that I was fine to well-meaning strangers asking if they could help me go in, I could now no longer hide my frustration. So, when now it seemed the hundredth person asked me if I was alright and if I wanted to go into the venue, I heard myself now say through shivering and chattering teeth: “I would if I could, but I can’t move, I’m afraid!”.
With best wishes
Douglas
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by Douglas Silas
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Hi
I have decided to write/send this quick SEN Update about a week before schools go back for the new academic year this year (I will send my normal SEN Update for the Autumn Term in the week after schools go back). This is because I know that this year there is a lot of confusion and complexity about getting children and young people back into school after the Covid-19/Coronavirus situation. I thought I would firstly try and make things a little easier for people by preparing this video below...
I am also sending you links to some information and guidance that you may benefit from, as follows:
You may also find it helpful to look at:
And if that were not enough(!), I am also putting a link here to some further guidance produced over the summer, as follows:
I hope that this helps people. With good wishes, Douglas
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by Douglas Silas, specialist SEN solicitor Here is my update for this week. There has been a lot of Government guidance issued this week, so just in case you missed any, I am going to set them out again below. I hope that this helps people again. 1. What has happened this week? The first bit of guidance that I want to draw you attention to is the one entitled: ‘Guidance for full opening: schools’. It said that it is guidance that applies to all schools in England and is to apply from the start of the autumn term and that it has been published before the start of the new academic year to help people prepare and says… READ MORE The next bit of guidance that I want to refer to is the one entitled: ‘Guidance for full opening: special schools and other specialist settings’, which said that it is the Government’s plan that all children and young people, in all year groups and setting types, will return to education settings full time from the beginning of the autumn term. The guidance says that it is intended to support special schools, special post-16 institutions (SPIs) and other specialist education settings, such as hospital schools, to prepare for this and says… READ MORE The third bit of guidance that I want to highlight is the one entitled: ‘Actions for early years and childcare providers during the coronavirus (COVID-19) outbreak’, which was first issued in March, but was updated this week. It says that it is guidance for providers registered with Ofsted and childminders registered with childminder agencies for children of all ages and says… READ MORE The final bit of guidance that I want to bring to you attention to is the one entitled: ‘Guidance for further education and skills providers’, which was also first issued in March, but also updated this week. It says that it is guidance for further education (FE) providers on maintaining education and skills training, changes to funding arrangements, data collections and assessment and says… READ MORE 2. What does all of this mean? The best summary that I have found of everything is on the Council for Disabled Children’s website entitled: ‘Department for Education publishes new guidance for schools and other educational settings in September’, which says: ‘Today the Department for Education has published detailed guidance to support schools and colleges to fully reopen in September and early years and childcare providers from 20 July. At a press conference this afternoon, the Education Secretary, Gavin Williamson announced:
This means all children are expected back in school, full time from September and all provision for SEND should be in place. Risk assessments for children and young people with education, health and care plans will remain in place. The government published ‘Guidance for full opening: special schools and other specialist settings’. Below is an extract: “Following the partial closure of educational and childcare settings from 20 March 2020, we asked local authorities to consider the needs of all children and young people with an EHC plan and to carry out a risk assessment. Local authorities were asked to work with education settings and parents or carers to determine whether children and young people would be able to have their needs met at home and be safer there than attending an education setting. Risk assessments may prove useful now and over the autumn term, in identifying what additional support children and young people with EHC plans need to make a successful return to full education. Risk assessments may also prove useful if children and young people have to self-isolate, or if a local outbreak of coronavirus (COVID-19) requires a setting to return to more limited attendance, or temporarily close. Whether individual risk assessments are used to help plan for the autumn term or not, education settings should, in the spirit of coproduction, contact parents and involve them in planning for their child’s return to their setting from September. They should also contact and involve young people over 16 who have EHC plans. That might include visits to the setting, social stories, and other approaches that specialist settings normally use to enable a child or young person with SEND, who has spent some time out of education, to return to full provision.” The usual rules on school attendance will apply, including:
The only pupils who are exempt are those who are unable to attend school because they are complying with clinical and/or public health advice. In that case, schools will be expected to be able to immediately offer access to remote education. Schools are also required to ‘monitor engagement with this activity’. In regards to the temporary changes to SEND legislation where local authorities and health commissioners were required to use ‘reasonable endeavours’ to secure or arrange provisions for a child’s EHC this is expected to cease on July 31st and the absolute duty to provide back in place.’ I should probably also amplify on the last point, as the relevant guidance fully states: ‘Temporary changes to SEND legislation Since May, as a result of the outbreak, it has been necessary to modify Section 42 of the Children and Families Act 2014 so that local authorities and health commissioners must use their ‘reasonable endeavours’ to secure or arrange the specified special educational/ health care provision in EHC plans. We are committed to removing these flexibilities as soon as possible so that children and young people can receive the support they need to return to school. As such, unless the evidence changes, we will not be issuing further national notices to modify the EHC duties, but will consider whether any such flexibilities may be required locally to respond to outbreaks. We will also continue to monitor the need for the temporary changes to the law on EHC needs assessments and plans that give local authorities and others who contribute to the relevant processes more flexibility in responding to the demands placed on them by coronavirus (COVID-19). These changes are currently in force until 25 September. We remain committed to listening to and working with local authorities, parent carer representatives and specialist SEND organisations, to ensure that the lifting of the temporary changes is managed in a way that supports the needs of children and young people with SEND. All education settings have a statutory duty under equalities legislation to make reasonable adjustments for disabled children. Many children and young people will have found lockdown exceptionally difficult socially and emotionally. Settings should consider any challenging behaviours or social or emotional challenges arising as a response to the lockdown and offer additional support and phased returns where needed.’ 3. Where can I find further information?
Aside from clicking on the relevant links for more information, I would again remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk. by Douglas Silas, specialist SEN solicitor Here is my update for this week. Again this week I am setting out only part of the text of this week’s update for those of you reading this update by email, to try to make it a bit easier for people to read things and then only need to click on links which are of interest to them. (Again, anyone receiving this update through Social Media will be reading the full update as normal after clicking on the link). I hope that this helps people again. 1. What has happened this week? It’s no surprise if you have already guessed again from the title of this week’s update, what the issue was again this week in SEN news –schools going back again! The beginning of the week saw an article on the BBC’s website entitled: ‘Coronavirus: A third of pupils 'not engaging with work', which said: “The vast majority of teachers (90%) say their pupils are doing less or much less work than they would normally at this time of the year, a study finds. The report by the National Foundation for Educational Research (NFER) says head teachers believe around a third of pupils are not engaging with set work. Limited or no access to technology was a problem for around a quarter (23%) of pupils, school leaders told the NFER. The government says it has committed over £100m to help home learning. The NFER report is based on findings from a survey of 1,233 school leaders and 1,821 teachers in England's state schools, carried out between 7 and 17 May. It raises particular concern about the impact of school closures, due to Covid 19, on the learning of pupils from the most disadvantaged areas, saying pupil engagement is lower in schools with the highest levels of deprivation. Secondary schools with the highest number of children eligible for free school meals reported that 48% of pupils were engaged with learning activities, compared with 66% and 77% of pupils at schools in the middle and lowest brackets. Teachers told researchers the following pupils were finding it particularly difficult to engage in remote learning, compared to their peers: - those with limited access to technology and/or study space - vulnerable children - those with special educational needs and disabilities - and young carers. Teachers say just over half (55%) of their pupils' parents are engaged with their children's home learning, according to the report. But teachers from the most deprived schools report a lower parental engagement, at 41%, than those from the least deprived schools, at 62%. NFER chief executive Carole Willis said: "There are considerable differences in the levels of pupil engagement in remote learning, particularly amongst the most disadvantaged pupils." There is a risk that the attainment gap will widen as a result of the pandemic, she added, calling for a "comprehensive and long-term plan to address this issue". Josh Hillman, director of education at the Nuffield Foundation, which funded the research, said: "The shift to remote learning during lockdown has made the implications of children and young people's unequal access to IT equipment and connectivity even more stark." Geoff Barton, general secretary of the heads' union ASCL, backed a national plan "to help these children to catch up". "This analysis shows that children who already face the greatest challenges have suffered the worst impact to their learning during the lockdown, and that the digital divide is largely to blame." A Department for Education spokeswoman said: "We will do whatever we can to make sure no child, whatever their background, falls behind as a result of coronavirus. "We are also considering, with a range of partner organisations, what more is required to support all pupils who have been affected by school closures." The NFER study comes as a research paper from University College London's Institute of Education finds pupils across the UK are studying for an average of 2.5 hours a day during lockdown. This figure is about half that indicated by a previous survey by the Institute for Fiscal Studies, suggesting that learning losses could be much greater than previously thought. The UCL research, which examined data from a UK household longitudinal study covering 4,559 children, says one fifth of pupils (around two million children in the UK) did no schoolwork or less than an hour a day at home, while 17% put in more than four hours a day. It finds that the variability in the amount of schoolwork being done at home is adding to existing regional and socioeconomic inequalities, with pupils in London, the South East of England and Northern Ireland receiving more offline schoolwork, such as assignments, worksheets and watching videos, than elsewhere in the UK. In the South East, for example, 28% of children were receiving four or more pieces of offline schoolwork per day, compared with the countrywide average of 20%. The report also says children eligible for free school meals "appear to be additionally disadvantaged during lockdown", with 15% receiving four or more pieces of offline schoolwork compared with 21% of children not eligible for free meals. Prof Francis Green, who led the research, said it "painted a gloomy picture of lost schooling and low amounts of schoolwork at home". "The closure of schools, and their only-partial re-opening, constitute a potential threat to the educational development of a generation of children. "Everyone is losing out in this generation, some much more than others. "Better home schoolwork provision, and better still an early safe return to school for as many as possible, should now become a top priority for government." By mid-week though, the BBC’s website published another article entitled: ‘£1bn catch-up tutoring fund for England's pupils’, which said: “A £1bn fund to help England's children catch up on what they have missed while schools have been closed has been announced by the prime minister. The most disadvantaged pupils will have access to tutors through a £350m programme over the year from September. Primary and secondary schools will be given £650m to spend on one-to-one or group tuition for any pupils they think need it. Head teachers welcomed the funds, but said more details were needed. Labour said ministers should convene a taskforce - involving trade unions and scientific and health experts - to help all pupils return to school safely as soon as possible. Shadow education secretary Rebecca Long Bailey said the plans "lack detail and appear to be a tiny fraction of the support" needed and called for a "detailed national education plan to get children's education and health back on track". However, Boris Johnson said the fund would help head teachers provide what pupils need. He thanked teachers, childcare workers and support staff for their efforts during the pandemic, and said he was "determined to do everything" he could to get all children back in school from September. Boris Johnson: “We have got to start thinking of a world in which we are less apprehensive." "We will bring forward plans on how this will happen as soon as possible," he said. And during a visit to a school on Friday, Mr Johnson suggested there may be change in the rules on social distancing, with more guidance due "very, very shortly", adding: "Watch this space." It comes as the Covid-19 alert level has been downgraded, bringing with it a possible relaxation of the rules that have kept many pupils out of school. The Scottish Government said it is also looking at social distancing rules in schools, after Northern Ireland decided to reduce its two-metre rule to one metre. Nicola Sturgeon has said she wanted schools to open safely as soon as possible. The announcement comes a week after Mr Johnson said the government was planning "a huge amount of catch up for pupils over the summer". But the announcement did not include any specific push towards catch-up activities running through the summer break except an expectation that usual summer clubs would be running. Instead there is a strong push for head teachers to target catch-up help via tutoring from September. However, schools minister Nick Gibb told the BBC there was lee-way for heads to set up summer schemes if they so wished. But he said: "If you want children to catch up, it can't just be done over the month of August - it has to be longer term over the academic year". Research by the Institute for Fiscal Studies (IFS) suggests the £650m pot represents about £80 extra for each student. That is a rise of about 1% but would leave total spending still 3% below 2010 levels in real terms. Early years providers and colleges for 16 to 19-year-olds are not included in the plans. Bill Watkin, chief executive of the Sixth Form Colleges Association, said it would be "entirely unjustifiable" to exclude sixth form students from the package. Neil Leitch, chief executive of the Early Years Alliance, said the government's decision not to include pre-schoolers "beggars belief". But Mr Gibb said that older age groups had "fared better with remote education than other age groups" which is why the government was focused on helping younger pupils. Schools were shut across the UK on 20 March. Apart from the children of key workers, most children have not been to school since then and will not enter a classroom until after the summer holidays. Children in nursery, Reception, Year 1 and Year 6 have begun returning to primary schools in England, and some Year 10 and 12 pupils returned to secondary schools and colleges this week. Schools in Wales are reopening at the end of June, with only a third of pupils in class at any time, while in Scotland, schools are preparing to reopen on 11 August. Social distancing in schools has been halved to 1m (just over 3ft) in Northern Ireland, where ministers are aiming for a full reopening of schools on 24 August. However, head teachers have warned that parts of the Northern Ireland plan are "unrealistic and undeliverable". Plans for the subsidised National Tutoring Programme have been developed with a group of social mobility organisations and academics led by the charity Education Endowment Fund (EEF). The EEF has said that until now, access to tutoring has been the preserve of wealthy families - but this would no longer be the case as schools would be able to seek subsidised tutoring. However, individual schools would be expected to pay 25% of the tutoring costs in the first year, or from their share of the £650m in extra funding being made available to them as part of this package. The tutors themselves will be provided by organisations approved by the National Tutoring Programme. Many of them will be students or graduates trained by tutoring groups. Their modelling suggests between 550,000 and 650,000 courses, featuring three pupils to one tutor, would run for an hour a week over 15 weeks. "Tutoring is the catch-up approach supported by the strongest evidence," said the EEF's chief executive, Prof Becky Francis. She said the programme hoped to reach more than a million pupils, calling it a tremendous opportunity to create long-lasting change. Association of School and College Leaders general secretary Geoff Barton welcomed the investment, saying it would help support the work schools are already undertaking on pupil catch-up. But he noted that the investment was expected to be spent on tutoring, rather than being left to head teachers to decide. "As ever, we suspect the devil will be in the detail and we await further information," he said. He was also concerned that there was no investment for sixth forms. David Hughes, chief executive of the Association of Colleges, criticised the decision not to include colleges for 16 to 19-year-olds in the plans. He said teenage college students deserved as much catch-up support as every other age group and it was "indefensible" to overlook them. National Association of Head Teachers general secretary Paul Whiteman said he was pleased ministers had listened to calls for a longer-term response, rather than short-term fixes. "This is a considerable sum of money," said Mr Whiteman, but he also warned there were many details still to be worked through.” By the end of the week though, another article appeared entitled: ‘Coronavirus: All children in England 'back to school in September', which said: “All pupils in all year groups in England will go back to school full-time in September, Education Secretary Gavin Williamson has announced. At the daily coronavirus briefing, he said the government was "signed up... to bring every child back, in every year group, in every school". Guidance on safety measures will be published in the next fortnight. It comes after the prime minister announced a £1bn fund to help England's pupils catch up with learning. Mr Williamson also said class size limits - or "bubbles" - imposed to curb the spread of the virus could be increased to allow every child to return to school. Under current rules imposed during the coronavirus pandemic, class sizes are limited to a maximum of 15 pupils, but the education secretary said ministers were looking at "expanding those bubbles to include the whole class". Class sizes vary in England, but this could be around 30 pupils. Teachers' unions say the proposals have not been thought through. "There is no social distancing if you've got 30 children in one classroom," Kevin Courtney, joint general secretary of the National Education Union (NEU), told the BBC. "But then you're going to ask them to abide by social distancing when they go out, I think that won't work and that will mean children aren't looking at social distancing at all." Schools closed to everyone except vulnerable children and those with a parent identified as a key worker on 20 March, in response to the pandemic. As the lockdown measures started easing at the beginning of this month, children in nursery, reception, Year 1 and Year 6 were encouraged to return to primary schools in England, albeit in smaller class sizes. Some Year 10 and 12 pupils - selected because they are sitting GCSEs and A-levels respectively next summer - returned to secondary schools and colleges this week. Ministers now want all pupils in England to return to classrooms full-time in the autumn, ending a near six-month absence for many pupils. "We have already been very clear that we want to see all children in all classes returning full-time to school in September. That's what we are working towards," Mr Williamson told reporters. It is a promise that many parents will have been waiting to hear. Education Secretary Gavin Williamson has committed to all school pupils in all year groups going back full-time in September. The part-time, online, often not-really-anytime lessons will be over. But the much trickier question will be how to deliver this. Even if social distancing is reduced - and class size "bubbles" of 15 pupils can be increased - there will still be massive logistical challenges. Head teachers have warned any social distancing, even 1m, will require additional classrooms and teachers. And they have been exasperated at time ticking away without any clear plan - with heads' leader Geoff Barton complaining schools are working in an "information black hole". When the government had to U-turn on bringing back all primary pupils it was because nobody listened to similar warnings about lack of space. But a September deadline is now in place - and there will be high political stakes if there is another failure to deliver. The education secretary said signs that the spread of coronavirus was reducing meant that ministers could now look at "making sure that every child returns to school". He said he understood "there is anxiety still among parents" about their children going back to school, but stressed: "I want to assure you that the well-being of your children is the absolute top priority for every single one of us." The government will publish guidance for schools within the next two weeks on how to bring children back "so that schools have the maximum amount of time to prepare for the next phase", Mr Williamson said. However, there was no confirmation of whether the government's 2m social distancing rule was going to be relaxed in schools. Mr Williamson reiterated that a review of the measure is under way, and added that could not provide an exact date for a decision. Current Department for Education (DfE) guidance states that primary school classes should be split in half and contain no fewer than 15 pupils, desks should be spaced as far apart as possible and lunch, break, drop-off and pick-up times should be staggered. Schools should also consider introducing one-way circulation, or placing a divider down the middle of the corridor, to keep young people apart, it adds. Mr Williamson was speaking after the coronavirus alert level for the UK was downgraded from four to three, paving the way for a "gradual relaxation of restrictions". At level four, transmission of the virus was thought to be "high or rising exponentially"; at three, it is thought be "in general circulation". Earlier, Prime Minister Boris Johnson said he was "determined to do everything" he could to get all children back in school from September. "We will bring forward plans on how this will happen as soon as possible," he said. The prime minister's pledge prompted teachers' unions to call for further clarity on the proposals. Geoff Barton, general secretary of the Association of School and College Leaders (ASCL), said schools and colleges were trying to prepare for September amid an "information black hole" from the government. Mr Barton said school and college leaders were preparing for two scenarios for the autumn - using rotas to stagger the return of pupils or bringing students back full-time - amid an "absence of information". Paul Whiteman, general secretary of school leaders' union NAHT, said: "The desire to bring everyone back is correct but we need to know what the government is thinking and the scenarios they are planning for. "This will give school communities what they need to get through this term and plan for the new academic year in September." Mr Courtney, of the NEU, said earlier: "The prime minister's hopes are not enough." "If the requirements of social distancing - in order to stop a second peak - are reduced even to 1m, then most schools could not have 30 children in a classroom," he added.” And so you also know, the Government issued guidance this week entitled: ‘What parents and carers need to know about early years providers, schools and colleges during the coronavirus (COVID-19) outbreak’, which says: “This guidance is for parents and carers of children at: - registered childcare providers (including nurseries and childminders) - primary and secondary schools including independent schools, maintained schools, academy trusts, free schools and special schools - colleges Main changes to previous guidance On 18 June, we: - added a new section on flexibility for primary schools to welcome back additional children this term - amended definition of vulnerable children and young people - added further information on safety in schools and the national NHS Test and Trace programmupdated content 30 hours free childcare and/or tax-free childcare - updated content on transport which includes information on using face masks on transport - revised section on school meals, adding more information on the reopening of school kitchens as well as meals in colleges - updated content on exams in 2021” 2. What does this mean? I’m not sure really! Extra money for education is always a good thing, but the devil is always in the detail they say. Let’s hope this is not just a knee-jerk reaction and there is now sufficient time to sort this out carefully and properly. 3. Where can I find further information?
There isn't really much more that I can say again in this update now. However, as I always like to do at the end of my updates, I would again remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk. by Douglas Silas, specialist SEN solicitor Here is my update for this week. Again, I am setting out the full text of this week’s update for those of you reading this update by email to try to make it a bit easier for people to read things without having to click on any links (again, anyone receiving this update through Social Media will be reading this as normal after clicking on the link). I hope that this helps people again. 1. What has happened this week? Again the issue about schools returning dominated the media this week in SEN news with the BBC’ website publishing an article at the beginning of the week entitled: “Coronavirus: Primary schools back but mixed picture on turn-out”, which said: “Head teachers are reporting "highly variable" levels of attendance, ranging from 40% to 70%, as primary schools in England bring back more pupils. Geoff Barton, leader of the ASCL heads' union, says the return has been "very mixed" - with some schools not yet open and some children staying away. Children in Reception, Years 1 and 6 are the first groups able to return. It comes as lockdown measures are eased in England, including groups of six people being allowed to meet outside. Schools have remained open throughout the coronavirus restrictions for the children of key workers and vulnerable children - but from Monday more than two million more pupils have been invited back. Latest government figures show 39,045 people with the virus have died in the UK, across all settings. Health Secretary Matt Hancock said there had been a day-on-day increase of 111 deaths and 1,570 new positive tests. An additional 445 deaths have been added to the overall death toll in the past day. The increase is explained by the retrospective inclusion of some patients whose tests were carried out by commercial partners, rather than the NHS or Public Health England. The head teachers' leader says the "first impression" has been of a very varied local picture - with not all schools either open or bringing back pupils as outlined in the government's plans. Some local authorities have not yet started to bring back more pupils, some schools have limited space, some are still training and not all staff are available, he said. "Caution is the watchword, and everybody is approaching this task with the safety of pupils and staff as their absolute priority," said Mr Barton. A survey from the National Foundation for Educational Research suggested almost 50% of children would be kept at home by parents. Mr Barton's early feedback suggests ranges of between 30% and 60% of pupils not attending school. But he said more key workers' children seemed to be coming in and he expected the overall numbers to increase as "more parents become confident". The biggest teachers' union, the National Education Union, has warned it was not yet safe to open schools - and the union's co-leader, Kevin Courtney, said delaying the wider opening of schools would "make our communities safer". Education Secretary Gavin Williamson said children needed to catch up with missed lessons and at school they "will be with their teachers and friends again". "I'm excited to see my friends and see everyone but not excited for the work," says 11-year-old Sean, returning to school in Mortlake, West London. BBC News education reporter Judith Burns describes the return to school: "You look like you've grown," says teacher Catherine Hughes to a reception pupil who hasn't been in school since March. "Are you excited to be back?" Helen Frostick head of St Mary Magdalen's Catholic primary school in Mortlake, West London asks another. About half of those who could have returned have taken up their places, alongside 15 children of key workers who have continued to come into school throughout the lockdown. The classrooms have been completely reorganised, with desks in rows, facing forwards, instead of pushed together into big tables. The school has split each class into two separate bubbles with one half in on Monday and Tuesday and the other on Thursday and Friday, which allows for a deep clean on Wednesdays. In the Reception class each table is separate, with its own tray of equipment so that the children don't need to get out of their seats so much, says teaching assistant, Clare Gordon. "It really is best for the family," says mum Sophia as she brings her two sons to school. She has managed to do some home schooling with the boys over the past few weeks but it hasn't always been easy. "I was 10% worried but 90% thinking it was the right thing to do," says Julia, who has just dropped off her son. "The main thing is for normality and for his mental health. He needs the interaction with his friends. He's been begging to come back," she says. A survey from the National Foundation for Educational Research suggested approaching half of families would keep their children at home. It expected that: 46% of parents will keep children at home 50% of parents in schools in disadvantaged areas will keep children at home 25% of teachers are likely to be absent because of health issues for themselves or their families. Jane Reid, a parent from York, said it was still not safe for her son to go back to school, saying: "It's a definite no from me. "Plus, the contradictory information is infuriating. I can take him to school, but can't get his hair cut." "How can I send them to school now, knowing it will be impossible for teachers to implement social distancing rules properly?" asked Valerie Brooker from Haslemere in Surrey. A couple of days later, the BBC’s website published another article entitled: “Summer catch-up plan for England's schools pledged”, which said: “An extended catch-up plan for England's schools is to be launched for the summer and beyond, to help pupils get back on track amid school shutdowns. The PM's spokesman said the plans would involve all pupils, not just those from poor backgrounds who are expected to fare worse during closures. It comes after the education secretary ditched plans for all primary pupils to return to school before the break. PM Boris Johnson has been accused of "flailing around" over schools. On Wednesday, Labour leader Keir Starmer called for a national recovery plan for schools, saying the current plan to get pupils back to classrooms were "lying in tatters". Mr Johnson said at Wednesday's daily briefing that the government would be doing "a huge amount of catch up for pupils over the summer". Concerns have been raised about the potential for a lost generation of learners, whose education will have been interrupted for at least six months even if schools return as now planned in September. The PM's spokesman said the aim remained to have all pupils back in school for the start of the academic year, but gave no details about how ministers intended to achieve this. School capacity is severely restricted by guidelines on social distancing and separating out existing classes into smaller groups of up to 15 pupils from much larger class sizes. When the spokesman was asked about increasing this capacity, by creating extra classrooms or using village halls for example, he said the government was "looking at exactly what might be required to get all children back". The Scottish Government, which is bringing pupils back in staggered fashion from August, has said it will be working with local councils to seek out extra community spaces and empty offices to accommodate pupils, where necessary. Liberal Democrat education spokeswoman Layla Moran has called for a register to be drawn up in local areas to map out where spaces could be brought into school use. There are few details of how the summer catch-up plans will work. A further announcement is expected next week. It is not clear whether this catch-up work would be offered in school buildings or elsewhere, or whether teachers would be asked to staff the programme. The general secretary of the National Association of Head Teachers, Paul Whiteman, said the plan was the latest in a long line of eye-catching announcements that would suffer from a lack of input from the teaching profession. He said it was not credible to think academic catch up could be achieved over the summer, and warned that the impact of enforced isolation on young people was little understood but likely to be significant. But he said support was clearly needed for pupils over the summer, and urged the government to fund a locally co-ordinated offer involving youth groups and charities. The Children's Commissioner for England, Anne Longfield, warned last week that there were just two weeks left to set such summer learning projects up. And the House of Commons Education Committee chairman, Robert Halfon, has called for a Nightingale Hospital style plan to get schools back to capacity. Meanwhile, the Welsh government has published new guidance on the measures schools should consider when reopening, including outside learning, teaching in small groups, and pupils eating at their desks. Schools in Wales will reopen to all age groups from 29 June, but only a third of pupils will be in classes at any one time. First Minister Nicola Sturgeon says Scottish schools will reopen from 11 August, but with some continued home learning. In Northern Ireland, ministers have set a target date for some pupils to go back on 17 August, with a phased return for the rest in September.” Later in the week, I saw some more practical guidance came in an article entitled: “Lego used to explain social distancing to children”, which said: “A mother is using Lego to teach her children about social distancing during the coronavirus pandemic. Cat Cook said her seven-year-old son - who has severe respiratory problems, and her daughter, four, had been in a "safe little bubble" during lockdown. "They've been living a very sheltered life... without a care in the world." Among the images created are a child and a dog inside a glass jar looking out at an elderly person, and two people sat on separate benches. Ms Cook said the scene inside the jar was inspired after the children's grandparents came over to collect some groceries she had ordered for them. "We left the groceries out on the doorstep for them and were then able to talk and wave at them through the closed windows. "It was the first example they thought of when we started talking about social distancing." Ms Cook, 42, and her family have been in strict lockdown in Surrey since a week before the official order was given by the government in March, with her husband also working remotely from home. She said: "If and when we start going out again, it's important that they understand the importance of social distancing as my son is high risk. "Each picture we created was inspired by my discussions with the children about social distancing and things they'd experienced or seen on the TV, like the spaced-out queues outside supermarkets." She added that talking it through in "a gentle way" had helped give her children a better understanding of what the "new norm" looks like outside their home." But still concerns were expressed, as another article appeared on the BBC’s website during the week entitled: “Disruption to schools could continue to November, MPs told”, which said: “The partial closure of schools in England could continue into the autumn and into November, the Commons education committee has been told. Primary schools opened more widely to several year groups in some areas this week, 10 weeks after they were closed as part of Covid-19 lockdown measures. Secondaries remain shut and around eight million pupils are out of school. David Laws, chair of education charity EPI, said assumptions all pupils will return in September may be wrong. The committee was hearing evidence on the impact of the coronavirus pandemic on education and children's services. Mr Laws, also a former education minister, said: "There's a temptation to think we are in a kind of home learning now and hopefully all back in September. Sadly we may end up with considerable disruption to school in September, October and November." He urged ministers to make plans and give guidance to schools for "a situation where there may be some home learning for a lot of pupils for a very long time". Anne Longfield, the Children's Commissioner for England, highlighted that eight million pupils were currently out of school, despite limited opening of primary schools this week. She said the sheer scale of children not reaching their potential because of this lockdown would be immense. "That could be eight million children all of whom could well be out of school for six months." And she warned as more of society and many parents go back to work, there would be a fall-off in the numbers of those engaging in learning from home. "As things become more interesting, the shops will be open soon and many kids could spend two and half months browsing in Primark and not going to school." She added that head teachers had told her they were kept awake at night by fears about some children never returning to school. The leap that children who had had a negative experience of school would have to make, in order to return to school, would be "vast", she said. The committee was told the Department for Education needed to publish its guidance on how schools would look in September very soon. And plans for catch-up summer schools, which were backed by witnesses, needed to be set out by ministers soon, if they were to happen. The hearing comes as a report suggested school closures could wipe out 10 years of progress in closing the achievement gap between poor and rich pupils. Modest estimates in the government-commissioned report suggest the shutdowns could cause the gap to widen by around a third of what it is now. This could mean poorest primary pupils, who are already nine months behind, slipping back a further three months. The Education Endowment Foundation study said catch-up tuition would help. The charity's research also warned of a risk of high levels of absence after schools formally reopen and that this posed a particular risk for disadvantaged pupils. The rapid evidence assessment drew together evidence on 11 studies from a number of countries on the impact of school closures, focussing on those which looked at learning loss over the summer holiday period. It found the estimated impact on the gap between the poorest group of pupils, and their wealthier peers ranged widely from 75% to 11%. The median estimate was 36%, although the researchers said there was high level uncertainty about this average. The report is published days after a small proportion of the school population returned to lessons. Although effective remote learning would limit the extent to which the gap widens, the report said there would still need to be sustained support for disadvantaged pupils to catch up. Over the past decade, the Department for Education has focused attention and resources on closing the disadvantage gap. It has narrowed from 11.5 months in 2009, at the end of primary school to 9.2 months in 2019. Sir Peter Lampl, chairman of the EEF, said: "School closures are likely to have a devastating impact on the poorest children and young people. The attainment gap widens when children are not in school. "There is strong evidence that high quality tuition is a cost-effective way to enable pupils to catch up." His organisation has teamed up with a number of other organisations to run a trial in which 1,600 disadvantaged pupils around England are offered one-to-one and small group tuition. Education Secretary Gavin Williamson said being in school was vital for children's wellbeing. He added: "This innovative online tuition pilot is an important part of our plans to put support in place to ensure young people don't fall behind as a result of coronavirus, particularly those facing disadvantages." Russell Hobby, head of teacher training charity Teach First, described the potential loss as "tragic". This should start with intensive catch-up provision when possible, he said, adding more resources need to be targeted towards those pupils who have suffered the most.” There was some other helpful guidance though which I saw on the website of ‘The Association for Child and Adolescent Mental Health’ entitled: “Helping parents and teachers deal with apprehension and anxiety when returning to school”, which highlights a video resource produced by a charity called ‘Nip In The Bud’, which said: “The charity Nip in the Bud has produced a short film and fact sheet to help parents and teachers deal with any potential feelings of apprehension and anxiety that children may experience on returning to school. In this film 8 minute film Dr. Jess Richardson, Principal Clinical Psychologist, National & Specialist CAMHS and Maudsley provides important and straightforward advice. There is also an accompanying comprehensive Fact Sheet. Nip in the Bud provides free resources about mental health awareness for primary school teachers and parents. Their short films and fact sheets can be accessed freely on their website. The content for their ‘Information Films’ has been provided by experts from the South London and Maudsley NHS Foundation Trust and from Great Ormond Street Hospital. In addition their ‘Real Life Experience’ films show interviews with young people and parents who have been affected and who speak frankly and movingly about their experiences. The conditions covered so far are ADHD, Anxiety, Autism, Conduct Disorder, Depression, OCD and PTSD." The Government also issued a press release over the weekend entitled: “Extra mental health support for pupils and teachers”, which said: “New online resources designed by health and education experts will be provided to schools and colleges to boost mental health support for staff and pupils, encouraging them to talk more confidently about the anxieties and concerns they feel as a result of the coronavirus pandemic. Videos, webinars and teaching materials, produced in partnership with charities, will be made available to schools and colleges, helping to foster conversations about mental health and reassure many young people who are worried about the impact of the virus on their lives. As more pupils return to the classroom as part of the Government’s phased approach to the wider opening of schools, the Department for Education has announced grants worth more than £750,000 for the Diana Award, the Anti-Bullying Alliance and the Anne Frank Trust - to help hundreds of schools and colleges build relationships between pupils, boost their resilience, and continue to tackle bullying both in person and online. A new £95,000 pilot project in partnership with the Education Support Partnership will focus on teachers’ and leaders’ mental health, providing online peer-support and telephone supervision from experts to around 250 school leaders. It adds to the support the Government has already put in place to help families and children during the pandemic, with more than £9 million already being invested in mental health charities to help them expand and reach those most in need, and priority given to it within planning guides for a phased return to education. Children and Families Minister Vicky Ford said: There has never been a more important time to speak about mental health and wellbeing – especially for thousands of children, young people and teachers who are adapting to education and different ways of living and learning in these unprecedented times. Schools and colleges are often a safe haven for children and young people, but the challenges we face at this time mean we are all more likely to feel anxious or sad – no matter our age or circumstances. These new resources, created with charities and health experts, will encourage confident conversations between friends, colleagues, pupils and their teachers, and improve our understanding of how to make ourselves and others feel better. Minister for Mental Health Nadine Dories said: The coronavirus pandemic has shone a light on the importance of looking after our mental health. It is very normal during these uncertain and unusual times to be experiencing distress or anxiety, or be feeling low. What’s important is that you get help. We know the impact on our children and young people has been especially tough, which is why as schools return we’re determined to equip teachers and pupils with the tools they need to look after their wellbeing. Mental health must be a priority as we get start to get back to normality and I hope these brilliant new measures alongside our NHS services will help start new conversations and reassure children that it’s ok not to be ok, and that support is available. A new training module for teachers will also be published next week to support them in giving lessons on the Government’s new Relationships, Sex and Health Education (RSHE) curriculum, which will make mental health and wellbeing a compulsory part of pupils’ education in primary and secondary school. Developed with clinical experts, the training module will help subject leads and teachers deliver the new curriculum effectively when it becomes compulsory from September, as well as improving their confidence in talking and teaching about mental wellbeing in class, especially as many measures to stop the spread of coronavirus remain in place and many people continue to experience restrictions in their daily lives. While schools have some flexibility over how they introduce the new curriculum within the first year of compulsory teaching, the new module will help schools prepare ahead of time. The Government’s announcement today (Sunday 7 June) builds on the excellent partnership working already seen between schools, colleges and health services in local areas in response to the pandemic. Professor Prathiba Chitsabesan, NHS England Associate National Clinical Director for Children and Young People’s Mental Health, said: The coronavirus outbreak has had an impact on everybody’s lives, so it is understandable that children and young people may be experiencing anxiety, distress or low mood which is a normal response to a significant disruption to their lives. The NHS is here for anyone who needs it, and has adapted to the pandemic through offering flexible options including phone and video consultations. We will continue to work in partnerships with schools and other services to ensure children and their families access the support they need. In addition to the RSHE module, the new resources will include examples of good practice already being used around the country, developed by mental health charity MindEd, to be provided to schools and colleges before the end of the summer term. These are in addition to high quality tools already made available by mental health charities, including the Anna Freud National Centre for Children and Families and Place2Be. Professor Peter Fonagy, Chief Executive of the Anna Freud Centre said: We welcome this important announcement. At this time of immense stress children have a right to expect that their teachers are well supported. This directly benefits children and young people not just in their education the quality they receive but also in their own wellbeing and the sense of support they experience. Catherine Roche, CEO of children’s mental health charity Place2Be said: As a charity providing expert mental health support within school communities, at Place2Be we’ve heard first-hand from teachers, parents and children of the huge mental health challenges they are facing as a result of this pandemic. These resources and training courses will be a welcome addition to help support the emotional wellbeing of teachers and pupils in the short and long term. In response to continuing social distancing measures, while many older pupils remain at home to allow for vital year groups to return in a phased way, existing school and college-based mental health programmes have also adapted their work to make sure their services are still accessible for those who need them the most. This includes: The Link Programme, which connect schools and colleges to external specialist mental health services, which will begin offering online workshops nationally to facilitate joined-up working to plan for the recovery phase, and to ensure learning from successful areas already using this approach is shared; and Mental Health Support Teams around the country, which join up schools and colleges with additional trained staff supervised by their local NHS mental health services, will encourage teams to step up their support to more schools and colleges locally, accept referrals through new pathways, and help develop a recovery approach. School Standards Minister Nick Gibb has also written to the members of the Department for Education’s Expert Advisory Group (EAG) on education staff wellbeing, accepting its recommendations including a commitment to develop a wellbeing charter for the teaching sector. The charter will help create an open culture around wellbeing and mental health, breaking down stigma, and will include commitments from the Government to regularly measure staff wellbeing, and to embed this into training, guidance and policy making. The grant to the Education Support Partnership will respond specifically to the mental health needs of school leaders at this challenging time and additional funding of £45,000 to Timewise will provide practical support and resources on flexible working in light of new arrangements for schools responding to coronavirus. Paul Farmer, Chief Executive of Mind, said: Mind was pleased to contribute to the Expert Advisory Group on school staff wellbeing, but what is most important is that concrete action comes out of this when it comes to making sure mental health and wellbeing are prioritised within our education system. Today’s announcement is a welcome first step, and we hope it will be the start of a sincere commitment to address issues like stress, and other mental health problems among school pupils and staff, helping make sure we build a fairer and kinder working and learning environment for everyone. Coronavirus has impacted all of our lives, but some more than others. We cannot underestimate the long-term effects that this pandemic will have, especially on the mental health and wellbeing of children and young people. Wellbeing and emotional support must be available to anyone who needs it, now so more than ever. As the UK Government asks schools to begin to open to more children, it is crucial that we all come together to support the mental health and physical health of teachers and pupils, not just now but for the years to come. Stuart Rimmer, Principal of East Coast College and Expert Advisory Panel member said: It is a hugely positive step that we are seeing thoughtful and considered announcements to support staff mental health and wellbeing in the school and college sector. Supporting leaders and front line staff is critical, amplified recently by significant additional pressures of COVID-19. Developing support programmes, peer to peer and coaching will help at these critical and complex times. Sinead McBrearty, CEO of Education Support Partnership, said: The mental health and wellbeing of teachers and senior leaders must sit at the heart of our education system. The Expert Advisory Group has brought new voices into the policy-making process, and the resulting recommendations set a direction for supporting and improving the wellbeing of those working in education. Education Support is pleased to have the opportunity to pilot remote services for school leaders. Early testing has shown that online peer support and telephone supervision can help school leaders find ways to process the impact of work-related stress. We hope that the timing of this work will help school leaders in the short term, and inform best practice post-pandemic.” 2. Where can I find further information?
There isn't really much more that I can say again in this update now. However, as I always like to do at the end of my updates, I would again remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Remember also, that there are other videos on this website, especially the one at the top of this page which explains the coronavirus and its effect clearly to children. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk. by Douglas Silas, specialist SEN solicitor 1. What has happened this week? On Monday, there was an article on the BBC's website entitled: "'Virus could be here for year' so schools must open, says education secretary”, which said: "The coronavirus could be with us for a year or more" so children cannot continue to stay out of school for "months and months" longer, says Education Secretary Gavin Williamson. But he told BBC Breakfast he recognised there would be "initial nervousness" among parents about children returning. Teachers' unions have warned it is not safe to open England's primary schools on 1 June. On Sunday, Boris Johnson accepted some schools would not be ready to open. The education secretary said the first steps for returning to school had to begin. "We cannot be in a situation where we go for months and months where children are missing out on education," said Mr Williamson. This has not persuaded teachers' unions - with no sign of a resolution to the stand-off over bringing increasing numbers of children into schools. Geoff Barton, leader of the ASCL head teachers' union, said the government had "not done a good job in building confidence in its plans". Ministers were failing to win "trust and confidence", said Patrick Roach, leader of the Nasuwt teachers' union. Mr Williamson told BBC Breakfast that he recognised there would be hesitation among parents. "We do realise there will be an initial nervousness about the return of schools," he said. And he said it was right that there would be no penalties for parents who decided to keep children at home. Asked whether parents should now rely on their "instincts" rather than official guidance, he said he hoped that parents would start to send their children back to school. He said the guidance for returning to school ensured a "maximum amount of safety" - and going back would be important for children's well-being as well as helping them to catch up on lost lessons. Schools have remained open for the children of key workers and vulnerable children - and the government's plan is for all pupils in Reception, Year 1 and Year 6 to return to school from 1 June. But many local authorities have already indicated that their schools will not be ready to open, or that schools will have their own variations on which pupils will return. Mr Williamson said there was no reason why most schools should not open - but gave no indication of any sanctions for those that did not. The first children returning to secondary school, in Years 10 and 12, will begin on 15 June. School leaders have questioned the feasibility of the next stage of reopening, which would have all primary children back in school together for the last month of term. The Department for Education says this part of the plan is now "under review". In Scotland and Northern Ireland there are plans for a phased return to school for pupils, starting in August. Schools in Wales will not go back on 1 June, but a date has not yet been set. On Tuesday, the Government then issued guidance called: "Supporting children and young people with SEND as schools and colleges prepare for wider opening”, which stated: “From the week commencing 1 June 2020 at the earliest, we will be asking primary schools to welcome back children in nursery, reception, year 1 and year 6, alongside priority groups (vulnerable children and critical worker children). From the week commencing 15 June 2020 at the earliest, we will ask secondary schools, sixth form and further education colleges to offer some face-to-face support to supplement the remote education of year 10 and year 12 students who are due to take key exams next year, alongside the full time provision they are offering to priority groups. As settings prepare for wider opening, this guidance provides information on provision for children and young people with education, health and care (EHC) plans and others with complex needs, such as children and young people with special educational needs and disability (SEND) who do not have an EHC plan, but for whom the educational setting or local authority has exercised its discretion to do a risk assessment and offer a place at an educational setting1. Throughout the coronavirus (COVID-19) outbreak, educational settings have been asked to ensure that vulnerable children and young people can attend where appropriate, including those children and young people who have an EHC plan, and for whom it is determined, following a risk assessment, that their needs can be as safely or more safely met in the educational environment. As settings prepare for wider opening, they should continue to offer places to vulnerable children and young people and should look to bring back more children and young people with EHC plans in these target year groups. Their return should be informed by their risk assessments, to help educational settings and local authorities ensure that the right support is in place for them to come back. From 1 June we will be asking special schools and hospital schools to work towards a phased return of more children and young people, without a focus on specific year groups and informed by risk assessments. From 15 June, we will be asking specialist post-16 institutions to work towards a phased return of young people, without a focus on specific year groups or proportion of learners and informed by risk assessments….” By the end of the week, we heard that the Government had also issued an extension of their previous Notice under the Coronavirus Act 2020 to the end of June 2020 to relax legal duties in relation to the laws surrounding SEN and in the past couple of days, Vicky Ford MP, the Parliamentary Under Secretary of State for Children and Families, has issued another letter addressed again to: "To all children and young people with special educational needs and disabilities (SEND), their parents/carers and families, and others who support them", which stated: “I would like to express my sincere thanks for everything you are doing at this challenging time. I also wanted to explain how the wider opening of schools and other educational settings may affect your family. This letter has been distributed through as many of our partner organisations as possible. I would be grateful if you could also circulate it widely. I realise that this is a particularly difficult time for children and young people with SEND and their families, and I’m sure that you have lots of questions. As you will be aware, on 28 May the Prime Minister announced that the Government’s five tests had been met and, based on all the evidence, primary schools and early years’ settings will be opening to more children and young people from the week commencing the 1 June. Secondary schools and colleges will begin to offer some face-to-face support to Year 10 and 12 students and 16-19 learners taking key exams next year. On 26 May, the Department for Education (DfE) published guidance to help colleagues working in local authorities and educational settings to support the needs of children and young people with SEND through the process of wider opening to more children and young people. The full guidance is available at this link: https://www.gov.uk/government/publications/coronavirus-covid-19-send-risk-assessment-guidance We have produced this guidance with help from SEND sector organisations, including parent carer forums and representatives, to outline pragmatic approaches that local authorities, educational settings, and parents or carers may wish to take to support children and young people with SEND throughout the coronavirus (COVID-19) outbreak. This guidance updates our existing advice to local authorities on risk assessments to determine which children and young people should be attending their education setting. It now also includes advice on how to approach the phased return to face-to-face education for children and young people with SEND. I want to assure you that safety will always be our primary concern. Local authorities and educational settings should work with families to bring children and young people back to face-to-face education to ensure they receive the support that every child or young person deserves. This new guidance sets out that children and young people with SEND in mainstream and Alternative Provision settings who have not been attending and are in eligible year groups should experience the same return to their school/college or contact with their teachers as their peers without SEND in the same year group. We recognise that each individual child with SEND has their own needs, so decisions should be based on each child’s risk assessment with families and schools working together. Special schools, special post-16 institutions and hospital schools should work towards welcoming back as many children and young people as can be safely catered for in their setting based on risk assessments but not using their year group as a primary deciding factor. Educational settings and local authorities should keep risk assessments up to date, to ensure they are able to offer places to pupils and students, whatever year group they are in, where circumstances have changed. I know that there has been a huge amount of change at this time, so if you want more details, you may also wish to read further guidance including: • Actions for education and childcare settings to prepare for wider opening from 1 June 2020 and actions for FE colleges and providers during the coronavirus outbreak, which sets out the overarching aims and principles of wider opening and the next steps for education and childcare providers. • Guidance on implementing protective measures in education and childcare settings. • Guidance on safe working in education, childcare and children’s social care, including the use of PPE in education, childcare and children’s social care settings during the coronavirus outbreak. • Guidance on isolation in residential educational settings. • Guidance on supporting vulnerable children and young people during the coronavirus outbreak. • Guidance on the changes to the law on education, health and care needs assessments and plans due to coronavirus. I realise that whilst the coronavirus pandemic has affected us all, children and young people with SEND and their families have often faced particularly acute challenges. This is why I was happy to announce on 19 May that the Family Fund will receive funding of £37.3 million in 2020-21. The Family Fund provides grants to families on low incomes who have children with disabilities or severe medical conditions, and this funding includes £10 million which has been allocated to help families in response to the Covid-19 pandemic. More details can be found here: https://www.gov.uk/government/news/37-million-to-support-children-with-complex-needs You can also keep up to date by regularly checking the gov.uk webpages and if you want to speak to an advisor from the DfE, please do call the DfE Coronavirus helpline which we have established for local authorities, providers and parents. The number is 0800 046 8687, and lines are open 8am-6pm (Monday – Friday), and 10am – 4pm (Saturday and Sunday). The Council for Disabled Children has also pulled together a wide set of resources to respond to frequently asked questions: https://councilfordisabledchildren.org.uk/help-resources/resources/covid-19-support-and-guidance. Finally, I would like to express my personal gratitude towards all those in the SEND sector for continuing to care for, teach and support vulnerable children and young people in these difficult times.” There has already been a bit of a backlash to this which is probably best summarised in another article which I saw earlier today on the BBC's website entitled: " Coronavirus: Drop plan to reopen primaries to all pupils, ministers urged", which states: “The first wave of children is due back from Monday but the government wants all primary pupils in class for the last four weeks of term. This ambition piles pressure on schools "when actually it wouldn't be safe", said Emma Knights, chief executive of the National Governance Association. Ministers say the return of all pupils will depend on updated safety advice. Last week the schools minister Nick Gibb told MPs any decision on whether all pupils should return would be led by the science, and no decision had as yet been made. Many schools have been open to the children of key workers and vulnerable children throughout the lockdown, with all the others attempting to follow the primary curriculum at home. From Monday, the government wants all pupils in Reception, Year 1 and Year 6 to return to their classrooms, with no more than 15 pupils per class. This means every class of 30 would have to be spread across two classrooms. Under these rules, if all year groups went back, there would not be enough classrooms in the vast majority of primary schools. Ms Knights has written to the education secretary, Gavin Williamson, "asking him to review and to drop" the expectation that all primary pupils should be back at school for the last four weeks of term. "Unless something dramatic changes very soon in terms of the government's scientific and medical advice, it will simply not be possible for primary schools to invite all pupils back for a whole month of education before the summer holidays," she told the BBC. "Indeed many of them won't be able to invite all pupils back at all before the summer holidays... "It is adding to uncertainty for parents, but also extra pressure on school leaders and governing boards who think that they need to try and do this when actually it wouldn't be safe." Mr Williamson has not as yet responded to the letter. Kerry Hill, head teacher at Eyres Monsell primary school in Leicestershire, told BBC Breakfast that her school would not reopen until the middle of June. She said that even then, it will be closed one day a week to all pupils apart from the children of key workers for deep cleaning. A one-way system will be put in place and any non-essential items that could potentially spread the virus, such as toys and soft furnishings, are being removed. "In our classrooms we can't even fit 15 in and still observe social distancing," she said. "In terms of the logistics, rearranging the entire school and having the available staff to come in and take all of those groups has been incredibly challenging - as well as the logistics of how are we going to do regular cleaning across the day." She added: "It is not just about the safety of minimising risks. We know parents are scared, anxious, and our staff a worried, so we're really trying to put in place measures that help keep that trust and confidence." Just over 2,350 governors shared their plans for the return of pupils with the BBC. Many say, even with the limited numbers due to return in the first phase, they are already having to ask pupils to attend part-time, due to space constraints and the need for deep cleaning to keep the virus at bay. Of the governors who answered a BBC snapshot questionnaire: About four in five said they were able to accept pupils from all the eligible year groups. About a third of the schools are planning rota systems, for example with one half of pupils attending school for two days at the start of the week, and the other half for two days at the end, with a day for deep cleaning in between. There are wide variations in the numbers of parents who have committed to sending their children to school from Monday, with some schools expecting almost everyone, and others just a handful. Of the 2,350 governors asked whether it would be possible to have all pupils back for the last four weeks of term, 1,682 said this was unlikely or very unlikely. "It would be physically impossible to bring all pupils back with reduced class sizes - we do not have the extra classrooms or staff to accommodate them safely," one governor wrote. "It is going to be challenging enough to get Reception, Year 1 and Year 6 pupils back into school, respecting all of the social distancing and also providing spaces for key worker and vulnerable children. This will take up all the classroom space in the school and use up all of the staff who are available," wrote another. However, another expressed frustration at being unable to welcome all children back to school immediately, saying parents "need a break and the children are getting feral". Overall, governors expressed concerns about the pressure placed on themselves and on headteachers by the pandemic. "I can only say that the professionalism of our team has shone through and for everyone's sake we hope the advice is right and that safe and effective learning returns for some and continued remote learning carries on for others," said Nick Horslen, chair of governors at Kings Wood Primary and Nursery School in High Wycombe. "The situation is a long way from ideal but the creativity and determination to help children is the constant priority." Schools in Wales do not have a date for returning and schools in Scotland and Northern Ireland are going back in August. 2. What does this all mean? Again, I'm not going to share any thoughts with you today, as I feel a bit conflicted still because I can see both sides of the argument is sometimes you find that both people can be right! One thing I'm sure of though is that this debate is going to continue probably for some time to come. 3. Where can I find further information?
There isn't really much more that I can say in this update now. However, as I always like to do at the end of my updates, I would again remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Remember also, that there are other videos on this website, especially the one at the top of this page which explains the coronavirus and its effect clearly to children. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk. by Douglas Silas, specialist SEN solicitor Here's my update again for this week. Like last week, I am going to do the first section of this update as an animated video and text. That being said, somebody has kindly pointed out to me that it takes more time for them to listen to the update then to read it, because the animated voice goes too slowly. So I have taken this on board and have tried to speed up the voice this week. I hope that this helps people again. 1. What has happened this week? Once more, in education news, the issue was still about when schools would reopen and how they would reopen… There was initially an article entitled: "Coronavirus: 'Stop squabbling’ demand over opening schools", which said: “The government and unions should "stop squabbling and agree a plan" to reopen schools safely, the children's commissioner for England has said. Anne Longfield said many disadvantaged children were losing out because of schools being closed for so long. Teachers' leaders met the government's scientific advisers on Friday, but did not agree how to return to the classroom safely. Some local authorities have said they will not reopen schools from 1 June. The government has set out plans to begin a phased reopening of primary schools in England from 1 June. But the plans have been challenged by teachers' unions, who have disagreed with the Department for Education over whether it is safe to return to school. Schools need to open "as quickly as possible", Ms Longfield has said, as she called for stronger safety measures to be introduced, such as regular testing for pupils and teachers, managed interaction between adults and deep cleaning of facilities. She said that, without a vaccine, schools will never be 100% safe, as she urged the government and unions to work together "in the interests of children". Schools have been closed by the coronavirus for most pupils since 20 March, staying open only for the children of key workers and vulnerable children. Ms Longfield said that deprived and vulnerable children would suffer most from missing school and there was a growing "disadvantage gap". She backed plans to bring back children in Reception, Year 1 and Year 6. Kevin Courtney, co-leader of the UK's biggest teaching union, the National Education Union (NEU), told BBC Breakfast the meeting with scientific advisers on Friday was a "step forward" but that more cooperation was needed between the government and unions to "find a safe way back". The NEU has drawn up five tests which, it says, the government should meet before schools reopen. These include regular testing, protection for vulnerable staff and a national plan for social distancing. Mr Courtney called on the government to set up a task force with unions to plan a safe way of getting children back to school. Liverpool's schools will not reopen until mid-June "at the very least", the city's council said. Hartlepool Borough Council has also challenged the government's timetable, saying schools will not reopen at the start of next month "given that coronavirus cases locally continue to rise". However, Andy Preston, mayor of Middlesborough told BBC Breakfast that, although children and teachers have to be kept safe, "no-one can ever be given a 100% guarantee", stressing the impact that school closures were having on deprived children. While many primary schools in England are under local authority control, others are run by academy trusts. Steve Chalke, founder of the Oasis Trust, which has 35 primary schools across the country, said opposition to reopening fails to recognise the harm to disadvantaged children from missing school. England is the only UK nation to set a date for schools to start to return. Teachers have said they are worried about the emotional distress returning to the classroom could have on staff and pupils. Becky, who has asked her surname not be used, teaches Reception and Year 1 at a primary school in Birmingham. Speaking about the effect new rules will have on children, she said: "They won't be able to play with toys, play with their friends. When they're distressed and upset, how can we comfort them from a distance? It will cause them damage." Her comments were echoed by parent Claire Dhillon-Burrows, from Hertford, who has three children, one of whom is four years old and is due to return to school on 1 June. "He doesn't know how to social distance and still sucks his thumb," she said, asking why teachers were being expected "to work a social distancing miracle with such young children". The British Medical Association has backed teachers' unions by saying Covid-19 infection rates are too high for England's schools to reopen. The infection rate in the UK - the so-called "R-number" - has crept up from between 0.5 and 0.9 to between 0.7 and 1.0. The number needs to be kept below one in order to stay in control and any increase in the number limits the ability of politicians to lift lockdown measures. Prof Sir Mark Walport, the government's former government chief scientific adviser, said the rise in the R-number - albeit "relatively small" - is concerning and illustrates how carefully social distancing measures need to be relaxed. "There's no question that the prospect of a second wave still exists," he told BBC Radio 4's Today programme. Speaking about schools reopening, Prof Walport said schools have returned "in a very cautious fashion" in Denmark for the past month and the country's R-number has reduced. A Department for Education spokeswoman said: "Getting children back to school and nurseries is in their best interests and all those working in education have a duty to work together to do so. "We welcome the children commissioner's support for a phased return of children to primary school with many of the measures she raises, like staggering drop-off and pick-up times, keeping children in smaller groups and regular hand washing, already in train." Schools in Wales will not be going back on 1 June and it is not expected that schools in Scotland or Northern Ireland will go back before the summer break. By the end of the week though, an article appeared entitled: "Councils throw 1 June reopening plan into doubt", which said: Scores of councils in England say they cannot guarantee primaries will reopen on 1 June, throwing government plans to get pupils back to school into chaos. Only 20 of 99 councils to respond to a BBC Breakfast survey said they were advising schools to open more widely on Boris Johnson's target date. Of the 99 who responded, two thirds (68), could not guarantee schools would reopen to Reception, Year 1 and Year 6. It comes as the government prepares to publish scientific advice on its plan. Ministers have been insisting that they would only be calling on schools in England to reopen in June if the scientific advice said it was safe to do so. Teaching unions, heads and politicians have been calling for that advice to be made public. BBC Breakfast carried out a snap-shot survey of the 150 local authorities that oversee primary schools over the past 48 hours. It also showed: - 14 local authorities, mainly in the north-west of England, said they would not be advising schools to open their doors to more pupils - 11 said they were still considering the issue - 54 leaving the decision up to individual schools - The local authorities which have said they will not open on 1 June include: Blackburn, Bury, Calderdale, Cheshire East, Cheshire West, East Riding, Knowsley, Newcastle City, Rochdale, Stockport, Trafford and Wirral. It is the head teachers and the governing bodies on the ground who need to make arrangements for social distancing or keeping children within small groups to limit the potential spread of infection. Schools across England have been open to small numbers of vulnerable pupils and the children of key workers since they formally closed at the end of March. But the prime minister announced plans for a phased reopening of primaries from 1 June, when he set out the government's plans to move gradually out of lockdown measures on 10 May. Almost immediately, teaching unions and head teachers warned of safety concerns and practicalities in many schools which, they argued, made safety measures unfeasible. And, with scientific evidence on the way the virus is spread by children limited, there are concerns the wider opening of schools could lead to a second spike in Covid-19. Teaching unions also called for a more regional approach, with local authorities being given the final call. Education Secretary Gavin Williamson made a plea for the sector to let children get back to school, and a string of ministers lined up to try to persuade parents, many of whom are concerned about a return, that schools would be safe. But, as opposition continued to grow, there has been a softening of the government's approach. On Wednesday, Justice Minister Robert Buckland, said the government was prepared to listen to the concerns of head teachers and council leaders, and hinted it might step back from the 1 June date. He also acknowledged schools would not reopen in a uniform way across England after half term. A spokesman for the Department for Education said: "We want children back in schools as soon as possible because being with their teachers and friends is so important for their education and their well-being." He added that plans for a cautious, phased return of some children was based on the best scientific and medical advice and insisted the department had been engaging closely with a range of organisations including the teaching unions. But Paul Whiteman, general secretary of the National Association of Head Teachers, said support for a fixed date for school return was vanishing quickly. "What is needed now is local flexibility to determine when it is right for schools to open up to more pupils." Councillor Judith Blake, chair of the Local Government Association's children and young people board, backed calls for decisions to be made locally. "As there are different Covid-19 infection rates around the country, schools and councils must be able to work together to decide how and when schools open to more children," said Ms Blake. Councils also needed crucial testing data to be shared with them to boost confidence about reopening schools among teachers and parents, along with powers to manage outbreaks in schools, care homes and the community, she argued. Meanwhile Unison, which represents many school support staff, said members had little confidence in government reassurances that English schools will be safe to open to more pupils from 1 June. An overwhelming 96% of 42,000 teaching assistants, cleaners, technicians and office staff surveyed by the union, said they felt ministers had not put safety first in their reopening plans. On Thursday the governments of Scotland and Northern Ireland announced plans for a phased return to school for pupils, starting in August. Wales has not yet set a date. Notwithstanding this though, the Government has now issued guidance entitled: “Supporting your children's education during coronavirus (COVID-19)” which states as follows: From the week beginning 1 June 2020, at the earliest, we’ll be asking: - primary schools and childcare providers to bring back children in nursery, reception, year 1 and year 6 - secondary schools to offer some face-to-face support to supplement the remote education of year 10 children who are due to take GCSEs next year Vulnerable children and the children of critical workers continue to be eligible to attend, and we encourage them to do so where appropriate. Other children will continue to be supported to learn at home. Further information on which children can attend school is available. This page and information for teachers will be updated regularly to include further resources and reflect the latest information and developments. While staying at home due to coronavirus, parents and carers may be worried about their children’s development and the effect of missing school or nursery. No one expects parents to act as teachers, or to provide the activities and feedback that a school or nursery would. Parents and carers should do their best to help children and support their learning while dealing with other demands. Alongside any work your children receive from school, you can try using online educational resources covering various subjects and age groups. These have been recommended by teachers and school leaders. Educational programmes to help children learn at home are available from the BBC. Have regular conversations about staying safe online and tell your child to speak to you if they come across something worrying online. Mental health and wellbeing. The change of routine and staying at home may make this a difficult time for some children. Public Health England has published advice on how to support your children’s wellbeing during the coronavirus outbreak. 2. What does this all mean? I feel that I am now beginning to repeat myself in this section in these weekly updates. This is because it again seems a very difficult question to answer as I can see positives and negatives on both sides. However, as we get closer to the end of the school year (with half–term next week), I do wonder what will happen if we try to get some children with SEN back in the classroom for only a short period of time before they have to break again for the long summer holidays? 3. Where can I find further information? There isn't really much more that I can say in this update now. However, as I always like to do at the end of my updates, I would again remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Remember also, that there are other videos on this website, especially the one at the top of this page which explains the coronavirus and its effect clearly to children. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk. 1. What has happened this week? In education news, the issue was again about when schools would reopen and how they would reopen… On Monday 11th May, the Government issued guidance entitled: “Actions for education and childcare settings to prepare for wider opening from 1 June 2020”… For children and young people with Special Educational Needs, the best summary I found was on the website of the Council for Disabled Children, on a page entitled: “The Department for Education has published new guidance on phased returns to schools, colleges and nurseries” which said:… “By 1 June at the earliest, primary schools in England may be able to welcome back children in key transition years – nursery, Reception, Year 1 and Year 6. In particular, as per the existing guidance on vulnerable children and young people, vulnerable children of all year groups continue to be expected and encouraged to attend educational provision where they can safely do so… The guidance sets out principles that will apply to the phased return including:…
The guidance sets out a range of protective measures to ensure education settings remain safe places including:… - reducing the size of classes and keeping children in small groups without mixing with others… - staggered break and lunch times, as well as drop offs and pick ups… - increasing the frequency of cleaning, reducing the used of shared items and utilising outdoor space.”… But there then followed a bit of a backlash. In an article on the BBC’s website entitled: "Class size of 15 pupils when primary schools return", it said: … “There is an "ambition" for all primary school children in England to spend a month back at school before the summer holidays, says the government's updated Covid-19 guidance… But to support social distancing there will be class sizes of no more than 15 pupils, staggered break times and frequent hand washing… The National Education Union rejected the reopening plans as "reckless"… Prime Minister Boris Johnson, in his televised address on Sunday, said if the level of infection remained low enough, children in Reception, Year 1 and Year 6 in primary schools might begin to return, from 1 June "at the earliest"… Further guidance on Monday announced plans to widen this to all primary year groups, including early years settings and childminders - but with strong warnings of delays if "insufficient progress is made in tackling the virus"… The decision to make Reception, Year 1 and Year 6 the first classes to return was "to ensure that the youngest children, and those preparing for the transition to secondary school, have maximum time with their teachers"… Details set out by the Department for Education show classes will be divided into groups of no more than 15 pupils - and these small groups will not mix with other pupils during the school day… The guidance says pupils should be kept two metres apart if possible - but it accepts that young children cannot always be expected to keep that distance apart, from each other or staff… There will be staggered break and lunch times, and different times for starting and finishing the school day… Children will be encouraged to wash their hands often, cleaning of rooms will be more frequent and schools will be encouraged to use outdoor spaces… But the wearing of masks is not recommended, for either pupils or teachers… This follows the pattern of a return of schools in Denmark, which has used a system of teaching children in small groups which are kept separate from each other and where there is regular hand washing… Secondary schools and further education colleges are likely to stay closed until September - apart from pupils with exams next year, who will get more help in addition to their current online lessons… Schools and colleges are told to "prepare to begin some face-to-face contact with Year 10 and 12 pupils who have key exams next year"… But Labour's Shadow Education Secretary Rebecca Long-Bailey said the government needed to address teachers' "concerns, anxiety and confusion"… "There is no information about how social distancing will work in schools, how teaching and support staff, pupils and parents will be protected from the virus, how small class sizes will be achieved."… More than 400 thousand people have signed an online petition urging the government to give parents a choice on whether they send their children back to school this term… But it is understood that parents who decide to keep their children at home will not face fines for non-attendance… At present, parents who are key workers have the option of sending their children to school, but there are no penalties for those who have not taken up places… This temporary arrangement during the coronavirus crisis will also continue for the year groups going back to school… "As a mum, I don't want to face serious repercussions for making a choice I feel affects the safety of my daughter during a global pandemic," said petition organiser, Lucy Browne… When schools were kept open for key workers' children, there were worries that too many would turn up. But in practice the opposite happened, with lower numbers than anticipated… The latest guidance says 2% of pupils are currently going to school - and with no fines and lessons likely to be complicated by social distancing, it remains to be seen how many children will return… But it will give more parents an option for going back to work - and children might be relieved to get out and see their friends again… Speaking at the government's press conference on Monday evening, the chief medical officer for England, Prof Chris Whitty, said the risks of coronavirus were "very, vey low in children in contrast to other infectious diseases"… He said the question was whether re-opening primary schools would lead to a "significant upswing or a change in the R"… "The view is that if it's done very carefully, slowly, it is very unlikely to do that - but it has to be done very carefully… "Teachers and parents are understandably concerned about individual risk and that's very much what we're consulting on at the moment with the profession, and it is very important that we have a proper debate around that, to make sure people understand that we can do many things to reduce the risk."… "This timetable is reckless. This timetable is simply not safe," says Mary Bousted, co-leader of the biggest teachers' union, the National Education Union… She said the reopening plans had "stoked teachers' anxiety and triggered real confusion because the announcement is inconsistent on the importance of social distancing and how or whether it can be achieved in schools"… "The profession has got very serious concerns about that announcement of 1 June - whether indeed it is possible to achieve it, but also how to achieve that in a way which is safe for pupils and staff," said Patrick Roach, leader of the N.A.S.U.W.T teachers' union… Paul Whiteman, general secretary of the school leaders' union NAHT, said the ambition to return all primary pupils within the next seven weeks was "wildly optimistic, to the point of being irresponsible"… "School leaders do not want to see classrooms empty for a day longer than they need be - but there is not a school leader in the land who wants to risk admitting more pupils unless it is safe to do so."… Many parents on the BBC's Family and Education Facebook page expressed concerns over safety… Kirsty Smith said: "I have a Reception-aged child and then three others in years that aren't going back… "First thing my youngest will want to do is give her teacher and friends a hug - she's five… "Telling a child 'no this no that' is going to make them think they're constantly doing wrong by doing things that are natural to them… "They may split the classes and stagger lunch times but they won't be able to sanitise every pencil, toy, lunch table even before the next child uses it."… Gurmeet Bhachu added: "No, my child is not going back to school until it is absolutely safe for them and teachers."… Louise Richards said: "Many children are in families with at risk members. They can't go back. It will simply disadvantage those and put the rest at risk."… Suzanne Mattinson said she would not send her child back to school until there was a vaccine… "If my hand is forced, I'll remove him formally and home school."… In Wales, the First Minister Mark Drakeford has said: "We're not going to be reopening schools in Wales in the next three weeks, or indeed in June," he said… In Scotland, it seems unlikely that schools will re-open before the summer holidays, with most schools due to break up before the end of June… In Northern Ireland, Education Minister Peter Weir has spoken of a possible phased return of schools in September.”… There was also criticism from teaching unions. In another article on the BBC’s website, entitled: “'Not safe to reopen schools,' warn teachers' unions”, it said:… “Plans to reopen primary schools in England do not have adequate safety measures and need to be halted, warns an alliance of school teachers' unions… A joint education union statement called on the government to "step back" from a 1 June start date… In the House of Commons, Education Secretary Gavin Williamson warned against "scaremongering" over safety… But his department's chief scientific adviser cast doubt on suggestions the virus spreads less among children… Mr Williamson, facing questions from MPs on reopening schools, rejected fears over safety and said it was the most disadvantaged who were losing out from schools being closed… "Sometimes scaremongering, making people fear, is really unfair and not a welcome pressure to be placed on families, children and teachers alike," he told MPs… Mr Williamson said that pupils, like teachers, would be a priority for testing if they or their families showed symptoms… The Liberal Democrats' education spokeswoman, Layla Moran, challenged the education secretary to publish the scientific evidence on which the return to school was based… But the Department for Education's chief scientific adviser, Osama Rahman, appearing before the Science and Technology Committee, said decisions around opening schools, such as which year groups went back first, had not been taken by the department… Asked whether he had assessed the safety guidance given to schools and how it might be implemented, the DFE's scientific adviser told MPs: "I haven't."… As such he was unable to say what evidence was behind the decision to reopen schools - or to say how many under-18s had died from the virus… And Mr Rahman told MPs there was only "low confidence" in evidence suggesting that children transmit Covid-19 any less than adults… "As a former teacher listening to this I don't think the profession is going to be at all satisfied by what they are hearing at the moment," said Scottish National Party MP Carol Monaghan… Patrick Roach, leader of the N.A.S.U.W.T teachers' union, said the DFE adviser's comments were "truly shocking and disturbing"… The Department for Education later circulated a letter from Mr Rahman in which he said he had been "closely involved" in advising on reopening schools - and that he had "full confidence in in the plan to reopen education institutions for all the reasons set out by the government"… In their joint statement, nine unions, including the National Education Union and the National Association of Head Teachers, rejected the plans for a phased return of primary school pupils after half term - saying it was still too early to be safe… The unions called for a delay until a "full roll-out of a national test and trace scheme" was in place and there were extra resources for cleaning, protective equipment and risk assessments… The joint statement said that "classrooms of four and five-year olds could become sources of Covid-19 transmission and spread"… "We call on the government to step back from the 1st June and work with us to create the conditions for a safe return to schools."… But Mr Williamson told MPs that opening schools was the "responsible" course of action, now the virus was "past the peak" and that safety was uppermost in how it was being planned… "The best place for children to be educated and to learn is in school," he said, particularly for the disadvantaged who would be most likely to fall further behind… Instead of a fixed date for a return, Labour's shadow education secretary, Rebecca Long-Bailey, argued that schools should reopen only when there was clear evidence it was safe… "The guidance provided so far does not yet provide the clear assurances over safety that are needed," she told MPs… She said that families were still worried about the implications of pupils going back to school, such as for relatives who might have illnesses… In Wales, the First Minister Mark Drakeford has said schools would not open on 1 June… In Scotland, it is not expected that schools will re-open before the summer holidays… In Northern Ireland, Education Minister Peter Weir has spoken of a possible phased return of schools in September.”… 2. What does this all mean? Again, it’s a very difficult one, isn’t it? I really appreciate how important it is for children to be able to get back into education as soon as possible, but I am very concerned that there are many pressures being applied to try to get children back into schools before things are ready for them and it is safe to do so. 3. Where can I find further information? There isn't really much more that I can say in this update now. However, as I always like to do at the end of my updates, I would again remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Remember also, that there are other videos on this website, especially the one at the top of this page which explains the coronavirus and its effect clearly to children. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk. by Douglas Silas, specialist SEN solicitor Here is my update for this week.
This week's update is a very long and detailed one - so best to grab that cup of coffee or tea before starting to read it! I know that last week in my update I spoke about a lot of different issues that were in the news, but this week I want to refocus things on what is happening in relation to SEN law and concentrate on the one most important development this week. I hope that this helps people. 1. What has happened this week? F As many people had been fearing recently, there was the issuing on 30th April of an open joint letter from Helen Whately MP. the Minister for Social Care and Vicky Ford, the Parliamentary Under-Secretary of State for Children and Families, addressed to: 'To all children and young people with special educational needs and disabilities (SEND), their parents/carers and families, and others who support them', which said: 'As Ministers responsible for children and young people with SEND and their health needs, we wanted to write to let you know that we are committed to doing everything possible to support you during this difficult time. None of us have faced a challenge like this in our lifetimes. Our response to the pandemic has different impacts on different people, but we know that these have been particularly hard for those children and young people with complex health needs, learning disabilities, autism and behaviour that challenges, and their families. Supporting the most vulnerable children, young people and adults is a priority for us at this time. We want to ensure that children and young people with SEND are supported as well as possible in these difficult circumstances and want to update you on some changes to the law and other actions we are taking in order to enable this. Changes to the law We are temporarily changing the law regarding Education, Health and Care (EHC) plans in two key ways. Firstly, we have issued a notice under the Coronavirus Act 2020 confirming that local authorities and health commissioning bodies (e.g. Clinical Commissioning Groups) must now use their reasonable endeavours to secure the provision set out within a child or young person’s EHC plan. This means that local authorities and health bodies must consider, for each child and young person with an EHC plan, what they need to provide during the period of the notice. This may result in a child or young person’s provision being different from that which is set out in their EHC plan, but local authorities and health services will still seek to support the needs of the child or young person in the new circumstances we find ourselves in. For example, they may offer support virtually rather than face to face. This legal change will be in force from 1st to 31st May 2020 and may be extended. Secondly, where a reason relating to the incidence or transmission of coronavirus applies, the usual timescales in regulations for various EHC processes will be replaced by requirements on local authorities, health care professionals and others to act as soon as reasonably practicable (or in line with any other timing requirement in the regulations being amended). These changes will be in force from 1st May to 25th September 2020 and we will be keeping this under review. We have published detailed guidance alongside these temporary changes. A link to this guidance can be found at: https://www.gov.uk/government/publications/send-code-of-practice-0-to-25. We know that as parents and others involved in the care of this vulnerable group, your primary concern is their health and wellbeing. As the Ministers for SEND and Care, we share those concerns and want to reassure you that these changes are temporary and all other requirements of the EHC process remain unchanged. The changes are designed to balance the needs of children and young people with the ability of local authorities and health services to respond to the outbreak. Our aim is that, as far as practicable during this difficult period, EHC processes continue so that children and young people still get help and support whilst accepting that this may have to be done differently. We expect commissioning bodies – and the services they commission – to maintain education, health and care provision for vulnerable children, and also to extend extra support, where possible, to families in most need – recognising that home isolation is extremely hard for many children and young people with SEND and their families. In addition, we want to emphasise that co-production, partnership and communication remain critical. Keeping children and young people with EHC plans in education For those with EHC plans, we are asking local authorities and educational providers to work with families and the child or young person to carry out an individual risk assessment to judge whether the child or young person’s needs can be more safely met at home or at their educational setting. We recognise that some children and young people may be better off with the greater continuity and structure that education brings and that some of those with the most complex needs may need access to support that cannot be provided at home. We have provided new guidance to help with that risk assessment process: https://www.gov.uk/government/publications/coronavirus-covid-19-send-risk-assessment-guidance/coronavirus-covid-19-send-risk-assessment-guidance. For parents whose children are not in school, the Department for Education has published the guidance and an initial list of resources to support access to high quality remote education during school closures: https://www.gov.uk/government/publications/coronavirus-covid-19-online-education-resources/coronavirus-covid-19-list-of-online-education-resources-for- home-education. Funding Local authorities across England will receive a further £1.6 billion to help them to deal with the immediate impacts of coronavirus (COVID-19). This takes the total funding to support councils to respond to the pandemic to over £3.2 billion. Local authorities are best placed to decide how to meet service pressures in their local area, including within SEND and children’s social care. We have confirmed that schools and colleges will continue to receive their usual funding, including from the high needs block, to support them through this period of disruption: https://www.gov.uk/government/publications/coronavirus-covid-19- financial-support-for-education-early-years-and-childrens-social-care. We are also providing financial support to schools to meet additional costs arising from Covid-19: https://www.gov.uk/government/publications/coronavirus-covid-19- financial-support-for-schools. We hope that this letter has been helpful in setting out what we are doing at this time to support children with SEND. At the end of this letter, there are some key resources that may be helpful. Right now, our focus, like yours, is on the current situation and keeping you and your children safe and supported. We know that by working together, we can ensure that children and young people with SEND receive the support they need during this difficult time.' The Government also issued guidance that day on a webpage entitled: 'Education, health and care needs assessments and plans: guidance on temporary legislative changes relating to coronavirus (COVID-19)', which summarises things there in detail as follows: 'Purpose of this guidance Some aspects of the law on education, health and care (EHC) needs assessments and plans are changing temporarily to give local authorities, health commissioning bodies, education settings and other bodies who contribute to these processes more flexibility in responding to the demands placed on them by coronavirus (COVID-19). These changes are being brought about by: a) A notice from the Secretary of State for Education issued under the Coronavirus Act 2020 to modify section 42 of the Children and Families Act 2014 (duty to secure special educational provision and health care provision in accordance with EHC plan). The duty on local authorities or health commissioning bodies to secure or arrange the provision is temporarily modified to a duty to use ‘reasonable endeavours’ to do so. b) The Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020 (the ‘Amendment Regulations’). This instrument temporarily amends 4 sets of Regulations that specify timescales that apply to local authorities, health commissioning bodies and others: principally for various processes relating to EHC needs assessments and plans. Where it is not reasonably practicable or is impractical to meet that time limit for a reason relating to the incidence or transmission of coronavirus (COVID-19), the specific time limit (such as to issue a plan to someone eligible for one within 20 weeks of the initial request) in the regulations being amended will not apply. Instead, the local authority or other body to whom that time limit applies will have to complete the process as soon as reasonably practicable or in line with any other timing requirement in any of the regulations being amended (see Annex A: details of the amendments to the existing Regulations). This non-statutory guidance provides a summary of these legislative changes and sets out the key implications for all those who play a part in the processes relating to EHC needs assessments and plans. The target audience for this guidance is: - families and parent carer forums - SEND Information, Advice and Support Services (SENDIASS) - local authorities (both their SEND and social care services, at a strategic and operational level) - health commissioning bodies (again, at both strategic and operational level) - early years providers - schools and colleges - other education settings - others who contribute advice and information to EHC needs assessments, such as educational psychologists and other health care professionals - mediation advisers This guidance also confirms which key elements of the processes over EHC needs assessments and plans are unchanged. Notably this includes that a local authority must still consider requests for a new EHC needs assessment, must still secure all of the required advice and information in order to be able to issue a plan, and must have regard to the views and wishes of a child, the child’s parent or a young person when carrying out its SEND functions under the Children and Families Act 2014. Given that the changes to legislation are temporary, we will not be updating the statutory guidance, the SEND code of practice: 0 to 25 years. We recommend, therefore, that anyone referring to the SEND Code of Practice about EHC needs assessments and plans also reads this guidance. It is also important to refer to the Amendment Regulations for the full detail of the changes. We will keep this guidance under review. This document is part of delivering on our ongoing commitment to ensuring that children and young people with complex needs are supported effectively during this national health emergency. As such, it sits alongside a range of other guidance from the government on how to ensure the safety of vulnerable children and young people, such as: - Supporting vulnerable children and young people during the coronavirus (COVID-19) outbreak - Actions for schools during the coronavirus outbreak - Coronavirus (COVID-19): SEND risk assessment guidance Introduction The coronavirus (COVID-19) outbreak has put significant extra pressure on the ability of local authorities and health commissioning bodies to secure, or arrange, in full the provision set out in EHC plans; and to meet the statutory timescales for EHC needs assessments and plans. Coronavirus (COVID-19) has had a major impact on education settings, with the vast majority of children and young people not currently attending their early years provider, school or college. Coronavirus (COVID-19) has also affected the level of service that can be provided by those (such as educational psychologists and other health professionals) who provide advice and information as part of the process of assessing an individual’s EHC needs. In recognition of these factors, the government is legislating so as to strike the right balance during the outbreak of coronavirus (COVID-19) between: - the needs of children and young people with SEND to be protected and receive the right support in a timely way - managing the demands on local authorities and health bodies to respond to the outbreak. It is only those aspects of the law relating to EHC needs assessments and plans listed above that have changed temporarily because of the coronavirus (COVID-19) outbreak: the duty to secure or arrange provision and most of the timescales for particular processes. All other aspects of SEND law remain unchanged. Themes in this guidance Throughout this guidance we have sought to emphasise: - it is only some aspects of the law on EHC needs assessments and plans that have changed temporarily; and where this has happened, the law has been modified, not disapplied. The duties in law over EHC needs assessments and plans have not been ‘turned off’ - the ongoing importance of co-production with children and young people with SEND and their parents - that the impact of coronavirus (COVID-19) may mean that the process and provision in place previously may for the time being need to change - how important it is, in identifying the best way forward and giving the families clarity about what is happening, for there to be effective and timely communication between: -- local authorities (SEND and social care services) and health commissioning bodies -- families of those with SEND -- all those others involved in the processes for EHC needs assessments and plans, such as education settings and other health professionals The importance of co-production At this challenging time, it is even more important that local authorities, health services, education settings and all those involved in the processes relating to EHC needs assessments and plans work with families to identify appropriate ways forward. It is a fundamental principle of the SEND system that children and young people with SEND and their parents need to be fully involved in decisions about their support. Co-production and effective communication remain key, both at the strategic level and in relation to individual cases. Parent carer forums have an important role, working with local authorities and health commissioning bodies, to gather and feed in parents’ views on what can realistically be provided to children and young people in their area when the usual ways of working are under such strain. Local authorities, health services and the other bodies involved in the processes relating to EHC needs assessments and plans should communicate regularly with the families of those children and young people with EHC plans, or who are being assessed for plans or who apply for an EHC needs assessment. Where the changes in the law affect what families experience, they need clarity as to: - what provision will be secured for each child and young person and the reason for any difference from what is specified in the EHC plan - when decisions will be made as part of the various processes relating to EHC needs assessments and plans It is also crucial that local authorities ensure that children, young people and parents are provided with the information, advice and support necessary to enable them to participate effectively in discussions and decisions about their support. The local SENDIASS has a critical role to play at this time. It is important that local authorities ensure that these services are sufficiently resourced to support families. Co-operation between local authorities and early years providers, schools, colleges and other education settings The duty on early years providers, schools and colleges to co-operate with the local authority in the performance of its SEND duties remains in place. Close working and communication between all parties is a central element in ensuring that children and young people do receive appropriate provision. The time-limited duty to use ‘reasonable endeavours’ to secure or arrange provision in an EHC plan The notice by the Secretary of State for Education The Coronavirus Act 2020 provides for various emergency powers for the Secretary of State for Education. One is that where it is appropriate and proportionate in all the circumstances relating to the incidence or transmission of coronavirus (COVID-19), he may by notice temporarily modify any duty imposed on a person by section 42 of the Children and Families Act 2014 (duty to secure special educational provision and health care provision in accordance with EHC plan). This duty would then be treated as discharged if the person has used ‘reasonable endeavours’ to discharge the duty. The Secretary of State has issued such a notice, to be in force from 1 May to 31 May 2020 (inclusive). The Secretary of State can issue a further notice if need be. The notice does not absolve local authorities (for special educational provision and social care) or health commissioning bodies (for health care provision) of their responsibilities under section 42: rather they must use their ‘reasonable endeavours’ to secure or arrange the provision. This means that local authorities and health bodies must consider for each child and young person with an EHC plan what they can reasonably provide in the circumstances during the notice period. For some individuals, this will mean that the provision specified in their plan can continue to be delivered; but for others (because of the impact of coronavirus (COVID-19) on local authorities or health commissioning bodies) the provision may need temporarily to be different to that which is set out in their EHC plan. Once the notice expires or is cancelled, local authorities and health commissioning bodies would in all cases need to secure or arrange the full range of provision, as specified in the EHC plan. Local authorities’ and health bodies’ decision-making process Coronavirus (COVID-19) may make it more difficult for a local authority or health commissioning body to secure or arrange all the elements of the specified special educational and health provision in an EHC plan as required by section 42 of the Children and Families Act 2014 (the ‘modified s42 duty’). The Secretary of State for Education has listed some of the reasons why this might be more difficult in the notice: - the child or young person is not currently attending an early years provider, school, college or other setting - the following of ‘social distancing’ guidelines may disrupt education settings’ normal programmes for those who are still attending and make certain interventions impractical - the resources and services to secure the provision are reduced, for example because of illness, self-isolation or the need to direct staff resource at responding to the pressures generated by coronavirus (COVID-19) In deciding what provision must be secured or arranged in discharge of its modified s42 duty, the local authority and health commissioning body should consider: - the specific local circumstances (such as workforce capacity and skills and that of others whose input is needed to EHC needs assessments and plans processes, temporary closures of education settings, guidance on measures to reduce the transmission of coronavirus (COVID-19) and other demands of the outbreak) - the needs of and specific circumstances affecting the child or young person - the views of the child, young person and their parents over what provision might be appropriate The local authority or health commissioning body should keep a record of the provision it decides it must secure or arrange. It should then: - confirm to the parents or young person what it has decided to do and explain why the provision for the time being differs from that in the plan - keep under review whether the provision it is securing or arranging means that it is still complying with the reasonable endeavours duty, recognising that the needs of a child or young person may change over time (particularly in the current circumstances) as may the availability of key staff or provision Where the needs of the child and young person may have changed, it may be necessary for the local authority to conduct an early review of the EHC plan. The modified s42 duty relates to the provision for each individual child and young person. Local authorities and health commissioning bodies must not apply blanket policies about the provision to be secured or arranged. Securing or arranging provision in an EHC plan under the modified s42 duty In some cases local authorities and health commissioning bodies may be able to secure or arrange the provision as set out in the EHC plan. Where, however, the full provision in an EHC plan cannot be delivered or delivered in the way described in the plan, local authorities, health commissioning bodies, education settings and others may find the framework below useful in exploring with parents and the child or young person what provision can reasonably be secured or arranged. There should be a focus on: - the provision that the EHC plan describes as needed by the individual child or young person - the availability of those who should usually deliver what is needed - what can be done to deliver provision differently The framework acknowledges that what constitutes reasonable endeavours will vary according to the needs of each child and young person and the specific local context. In deciding what provision would be required, it might be appropriate to consider the following: What? Securing something different to the provision stated in the plan, for example in relation to availability of staff, availability of technology and any significant risk that may cause harm Where? Location where provision is to be provided may be altered, for example early years provider, school, college, community setting, home or clinic How? Frequency and timing of provision may be altered or modified in the light of available staff and risks that may cause harm When? Method of delivery may be altered, for example virtual rather than face-to-face and smaller rather than larger groups for teaching (where this can be done following the guidance on reducing transmission of coronavirus (COVID-19)) By whom? Changes to the person delivering the provision, for example a learning assistant under virtual supervision rather than a specialist therapist or teacher' ... The guidance then goes on to look at: 'Examples of alternative arrangements' in some detail which you can read for yourself if necessary. It then continues as follows: 'Timescales for EHC needs assessments and plans Description of the changes to the Regulations In addition to the changes to the law about securing or arranging provision in EHC plans, from 1 May to 25 September 2020 (inclusive) the Regulations which provide most of the statutory timescales for the EHC needs assessments and plans processes will be modified. This modification is different to that delivered by the notice in a number of ways, notably: - the law is only changed where in a particular case it is not reasonably practicable or impractical5 for a local authority, health commissioning body or other body to discharge its duties for a reason relating to the incidence or transmission of coronavirus (COVID-19) - the modification is to the timing. Where it is not reasonably practicable or impractical to conclude an action within the statutory timescale – for example, 6 weeks for a decision whether to make an EHC needs assessment – because of the incidence or transmission of coronavirus (COVID-19), the local authority or other body to whom that deadline applies will instead have to complete the process either as soon as reasonably practicable or in line with any other timing requirement in the regulations being amended. Further details are set out in Annex A: details of the amendments to the existing Regulations. Some of the processes relating to EHC needs assessments and plans already have allowable exceptions to the timescales. The changes in the law provide for an additional exception to these processes where delay is because of coronavirus (COVID-19) - the Secretary of State for Education must review the effectiveness of the changes to the regulations - the changes are for the period 1 May to 25 September 2020 (inclusive) To illustrate how the amendments to the law will work: - where a local authority has decided that it is necessary to issue an EHC plan following an EHC needs assessment the duty has been to do so as soon as practicable but in any event within 20 weeks6 of an initial request. The Amendment Regulations7 provide that if the incidence or transmission of coronavirus (COVID-19) makes it impractical for the local authority to do so within the 20 weeks they must discharge their duty to do so as soon as practicable - where a request is made to a local authority to re-assess educational, health care and social care provision, the duty has been to notify the child’s parent or the young person within 15 days8 of the request. The gloss9 to the duty in Regulation 2A of the Amendment Regulations, that will change the way in which the provision should be read, applies here. It means that if it is not reasonably practicable to complete this process within the 15 days because of the incidence or transmission of coronavirus (COVID-19), the local authority must do so as soon as reasonably practicable The timescales in the Regulations being amended relate to the following: - the handling of requests for EHC needs assessments, decisions whether to issue plans and the preparation and issue of plans - annual reviews of plans - the processes relating to mediation - the processes where there is a change of local authority or health commissioning body for a plan - the process for a local authority reviewing for the first time the making and use of direct payments from a Personal Budget that is part of an EHC plan - the actions that the local authority and health commissioning body must take when the First-tier Tribunal makes non-binding recommendations in respect of certain types of health and social care matters within an EHC plan (as part of the National Trial, which continues) The Regulations being amended include those that set out the processes over EHC needs assessments and plans for detained persons (the Special Educational Needs and Disability (Detained Persons) Regulations 2015). The duties over timescales apply variously to: - local authorities (SEND and social care services) - health commissioning bodies - those who provide advice and information for EHC needs assessments, including educational psychologists, other health professionals and education settings - parents or young persons (when requesting a mediation certificate) - mediation advisers Annex A: details of the amendments to the existing Regulations sets out the full list of regulations that have been changed. For detail of what exactly has changed, refer to the Amendment Regulations themselves. How the Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020 can affect timescales for EHC needs assessments and plans processes Process for handling a request for an EHC needs assessment and the issue of a plan under regulations 4(1), 5(1), 10(1) and 13(2) of the Special Educational Needs and Disability Regulations 2014 Usual process The local authority needs to decide whether to proceed with an EHC needs assessment as soon as practicable and in any event within 6 weeks of a request (Regulations 4(1) and (5)(1)). If the local authority ultimately decides, following an assessment, to issue a plan, it must issue the plan as soon as practicable and in any event within 20 weeks of the request for an assessment (Regulation 13(2)). Exception relating to coronavirus (COVID-19) If it is impractical for the local authority to meet the initial 6 week deadline because of a reason relating to the incidence or transmission of coronavirus (COVID-19), then it must instead reach that decision as soon as practicable. When one process with a statutory deadline concludes and a further process begins: decision on whether to issue a plan following an EHC needs assessment A reason related to the incidence or transmission of coronavirus (COVID-19) may make it impractical to complete the next stage of the process on time. In such a situation, the local authority will need to proceed to conclude the next stage as soon as practicable rather than within the statutory deadlines (16 weeks if it decides not to issue a plan, 20 weeks otherwise) (Regulations 10(1) and 13(2)). Cases in progress on 1 May 2020 The Amendment Regulations will come into force on 1 May. If consideration of a request for an EHC needs assessment or one of the processes that may follow is in progress on that date, then the relevant exception to the timings in the Amendment Regulations could apply if coronavirus (COVID-19) had caused delay. This would depend on the facts of the case. If the final deadline (such as the end of the 20 weeks) had passed before 1 May, the relaxations to timescales for a reason relating to coronavirus (COVID-19) made by the Amendment Regulations could not apply because they were not in force then. Key elements of the processes relating to EHC needs assessments and plans are unchanged These temporary changes to the law only affect various statutory timescales for processes relating to EHC needs assessments and plans. All of the other requirements of the EHC needs assessments and plan processes remain unchanged. A local authority must still consider requests for a new EHC needs assessment or a re-assessment. Where the local authority decides to carry out an EHC needs assessment, it must still secure all of the required advice and information in order to be able to issue a plan. Section 19 of the Children and Families Act 2014, which requires local authorities to have regard to the views and wishes of a child, the child’s parent or a young person when exercising its SEND functions under the Act, remains in force. A local authority must continue to have regard to the guidance on the handling of delays in paragraph 9.43 10 of the SEND Code of Practice. Where the circumstances relating to coronavirus (COVID-19) set out in the Amendment Regulations apply to more than one process, then an exception may apply to each of those processes. If a process with a statutory timescale begins where a delay relating to coronavirus (COVID-19) is likely, the local authority should advise the parent or young person of this. One of the timescales relating to EHC plans11 is giving parents or the young person at least 15 days to give views and make representations on the content of a draft plan. There is no change to the law here. Local authorities will wish to be alert to the circumstances of parents and young people in the time of the outbreak and to take this into account in setting the deadline. It may be harder for parents and young people to contact early years providers, schools and colleges, for example, to gather information relating to deciding their preference over setting. Parents and young people may themselves be ill or otherwise directly affected by the outbreak. A final EHC plan must still include all of the required advice and information. The provision set out in the final plan should be in line with the statutory requirements for any EHC plan and not be limited because of the circumstances of coronavirus (COVID-19). Reviews and re-assessments of EHC plans must still take place (although there can in some circumstances be flexibility over the timing of an annual review, see paragraphs below) Decisions, including those over the content of any EHC plan, must continue to be made in accordance with the statutory framework and be based on the individual needs, provision and outcomes for the child or young person. Local authorities must not apply blanket approaches in relation to EHC needs assessments or plans processes and decision-making. For example, local authorities cannot implement a general policy of refusing to consider new requests because of coronavirus (COVID-19). Neither can they make blanket decisions based on particular age groups of children and young people, those with certain types of need, or based on whether they are at home or in school. Examples of how local authorities might need to adapt how they manage the processes relating to EHC needs assessments and plans New ways of working are needed in the current exceptional circumstances. Some local authorities are establishing virtual advisory panels by a secure virtual meeting platform to assist with decision-making. Many already have arrangements to share information in advance through secure electronic methods. Where sufficient recent information is not already available, professionals may be able to carry out observations of a child if he/she is still in a setting where this can be done in ways consistent with guidance on reducing the transmission of coronavirus (COVID-19). Alternatively, information could be gathered by phone or by a virtual meeting. To help manage demands on services, where services use templates for their advice and information, these might need to be adapted for use during the outbreak so that reports are more concise whilst still containing the essential information about the child or young person’s needs, provision, and outcomes. Annual reviews of EHC plans There is a power12 under the Coronavirus Act 2020 for the Secretary of State for Education by notice temporarily to disapply the duty to conduct annual reviews. However, he has not issued a notice under this power at this point in time, so the annual review requirements remain in place. However, the government has legislated to provide extra flexibility for local authorities over the timing of these reviews. Where it is impractical for a local authority to complete an annual review of a plan within the prescribed timescales for a reason relating to the incidence or transmission of coronavirus (COVID-19), then the local authority must complete it as soon as reasonably practicable13 . Annual reviews may, in the current circumstances, need to take a different form. However, it is important that they continue to ensure that the child or young person is at the centre of the process and can engage with the process in a meaningful way. A review meeting, even if by necessity briefer than usual, can be reassuring for parents, children and young people, through ensuring that their EHC plan is up-to-date so that they can receive appropriate provision. Many local authorities have been working on improvements to the timeliness and quality of annual reviews and will want to continue to build on this work to manage reviews effectively during the outbreak. For example, it may be appropriate to use a simpler format to gather information electronically and to hold the meeting by phone or as a virtual meeting. Professionals contributing to the review may need to base that on the information already available and discussion with the family as they may not be able to meet the child or young person. While meetings might take a different format, they should still involve all the key professionals wherever possible. Local authorities should identify priorities for review, which may include: - children and young people with significant changes of need or circumstances - looked after children - children and young people in residential provision - children and young people in out of area provision, especially independent and non-maintained provision Local authorities must already have completed this year’s required transfer reviews for a child or young person moving between key phases of education (transfers into or between schools, moves from secondary school to a post-16 institution or apprenticeship, or moving between post-16 institutions). There is no change to the statutory deadlines for these reviews. Where, exceptionally, completion has been delayed, these transfer reviews need to be finalised as a priority. Implications for early years providers, schools, colleges etc The duty on education settings to admit (section 43): no change Whilst the Secretary of State for Education now has powers under the Coronavirus Act 2020 by notice temporarily to disapply the duty to admit, he has not issued any such notice at this point in time. An early years provider, school, college or other setting named in an EHC plan must accordingly admit the child or young person. Where a setting is temporarily closed, the setting must still admit. In the case of a school or college, the child or young person must be placed on the roll and treated in the same way as other pupils or students in the setting. The government’s advice on SEND risk assessments is that during the outbreak local authorities should consider the needs of those with an EHC plan, and make a risk assessment, consulting educational settings and parents or carers, to determine whether these children and young people can have their needs met at home and be safer there than attending an educational setting. In addition, the local authority must make reasonable endeavours to secure the provision in the EHC plan. The timescale for education settings to respond to a proposal to name them in an EHC plan: no change The expectation in the SEND Code of Practice that local authorities give early years providers, schools and colleges up to 15 days to respond to a proposal to name their institution in an EHC plan remains in place. The request to consider a placement that is sent to the setting for consultation over the naming of that setting will include the draft plan and all of the advice and information received as part of the assessment. This provides considerable levels of information about the individual’s needs, provision and outcomes. In addition, the proposed setting can, as part of its consideration, make direct contact with the parent or young person to discuss the admission. We therefore expect that, in most instances, settings should remain able to engage effectively in this aspect of the EHC plan process and families might still reasonably expect this to happen as part of the timely completion of an EHC plan. We recognise, however, that staff absence because of illness, self-isolation etc may affect the speed with which a setting can reply. In such circumstances, the setting needs to communicate with the local authority about a possible delay in responding. Communication during this part of the process is key to effective decision-making. We recommend that in parallel with sending the proposal to the setting, the local authority also makes phone contact. While settings may remain closed to pupils or students, we look to them to make arrangements that enable them to continue to respond to consultations on future admissions during this period. Complaints and rights of appeal of parents and young persons: no change Clearly these are unprecedented times. One aspect of this is that the vast majority of those with EHC plans are not currently attending their usual education setting. This may make it more difficult for the local authority or health commissioning body to secure or arrange the full range of provision in an EHC plan. It may also not be appropriate during the outbreak for local authorities, health bodies, educational psychologists and other professionals to provide their usual level of service delivery in relation to the EHC needs assessments and plans processes. This is why the law in relation to these matters has temporarily been modified. In most instances, families and the local authority or health body and their partners will be able to work together to agree a mutually satisfactory arrangement for the time being. However, where a parent or young person may be dissatisfied about the actions of a local authority or health body over how they have discharged their modified s42 duty or about the timeliness with which processes relating to EHC needs assessments or plans have been progressed, then effective ways of resolving disagreement are crucial. In the current fast-changing and complex situation, it is particularly important that there are effective ways of resolving such disagreements swiftly, wherever possible using established decision-making mechanisms within the local area. The complaints mechanisms described in Chapter 11 of the SEND Code of Practice are unchanged, although the Local Government and Social Care Ombudsman has temporarily suspended all casework activity. In the first instance, families will often be able to use the local authority’s or health commissioning body’s complaints procedures. Local authorities and health commissioning bodies will need to ensure that these procedures remain effective for the current context. SENDIASS will continue to have a key role to play in supporting families in finding the best way forward. Appeals to the First-tier Tribunal (SEND): no change Rights of appeal to the First-tier Tribunal (SEN and Disability) remain unchanged. HM Courts and Tribunal Service has confirmed that its service will continue during the outbreak and that the tribunal is making efforts to conclude as many appeals as possible, particularly phase transfer reviews. In the same way that local authorities are finding new ways of working remotely, guidance from the tribunal indicates that it will be increasingly using phone, video and other technology to conduct its business during the current period. The tribunal continues to hear cases as now that fall within its remit. These have not been changed. The national trial, which extends the power of the First-tier Tribunal (SEND), is continuing. The trial provides that as part of a special educational appeal, the tribunal will be able to make non-binding recommendations on the health and social care aspects of EHC plans. These recommendations need to be considered in the usual way by the responsible health and social care bodies and, where agreed, included in the final EHC plan. The modified s42 duty will then apply. The Amendment Regulations will temporarily modify current timescales for actions that local authorities and health commissioning bodies must take where the tribunal makes non-binding recommendations in respect of certain types of health and social care matters within an EHC plan. Annually publishing a response to comments on the SEND Local Offer The Amendment Regulations also provide that local authorities can take more than a year to publish their response to comments (from those with SEND and their parents) on their SEND Local Offer if it is not reasonably practicable to meet that deadline for a reason relating to the incidence or transmission of coronavirus (COVID-19). Where such an exception does apply, the local authority must publish the comments as soon as reasonably practicable.' 2. What does this all mean? The best summary I have found is on the CDC (Council for Disabled Children) website entitled: 'Temporary changes to the law on Education, Health and Care needs assessments and plans', which said: 'The government has today announced temporary changes to the law on Education, Health and Care (EHC) needs assessments and plans. This is to give local authorities, health commissioning bodies, education settings and others who contribute to these processes more flexibility in responding to the demands placed on them by coronavirus. The Secretary of State for Education issued a notice under the Coronavirus Act 2020 to modify section 42 of the Children and Families Act 2014 - duty to secure special educational provision and health care provision in accordance with EHC plan. The modification to Section 42 means that: the duty on local authorities or health commissioning bodies to secure or arrange the provision is temporarily modified to: a duty to use ‘reasonable endeavours’ to do so. There will also be changes in the Special Educational Needs and Disabilities Regulations, temporarily amending the statutory timescales for various EHC needs assessment and plan processes. The Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020 (the ‘Amendment Regulations’) temporarily amends four sets of Regulations that specify timescales that apply to local authorities, health commissioning bodies and others: mainly for various processes relating to EHC needs assessments and plans. It is important to note that this guidance also confirms which key elements of the processes over EHC needs assessments and plans are unchanged. Notably this includes that a local authority must still consider requests for a new EHC needs assessment, must still secure all of the required advice and information in order to be able to issue a plan, and must have regard to the views and wishes of a child, the child’s parent or a young person when carrying out its SEND functions under the Children and Families Act 2014. This non-statutory guidance provides a summary of these legislative changes and sets out the key implications for all who play a part in the processes relating to EHC needs assessments and plans. This is essential reading for parent carers, young people and professionals and practitioners in the education, health and social care and VCS sector.' It is probably too early for me to talk to you yet about what this all really means in practice as I am afraid that I will probably need a little while to asorb everything. However, it is very important for me to point out that these changes are only meant to be temporary... 3. Where can I find further information? There isn't really much more that I can say in this update now. However, as I always like to do at the end of my updates, I would again remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Remember also, that there are other videos on this website, especially the one at the top of this page which explains the coronavirus and its effect clearly to children. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk.
by Douglas Silas, specialist SEN solicitor
Following the very welcome reception that I received last week to my update, in particular to my sharing resources available, I am going to concentrate in my update this week with bringing you other information/resources that I have found on the web this week.
I hope that this helps people again. 1. What has happened this week? Although children and young people are now officially on their Easter holidays, I know that many people who are home-schooling recently have found it quite difficult to engage their children (both with SEN and without SEN) in learning, especially if they have also been trying to work at home. There has been a bit more of a flurry of activity in the last week on the web, as many people have probably by now realised that the significant impact of the Covid-19/coronavirus situation is probably going to be here to stay for some time. Although there have been a lot of educational resources provided for children who are doing online learning, as well as lots of other useful information being provided by many people/organisations, I have tried in this week's update to boil the information below down to only those which I think are of more significant help to as many people as possible. This does not mean though that there are not other good resources out there, but I may not yet have come across these. (If you have found something else that you think will benefit others, please do let me know, so that I can tell others). I have tried to separate the below into four kinds of information, as follows: • Government information • Financial information • Educational resources • Legal information Government information The first thing that I want to highlight is current Government guidance: • First again, there is the "Coronavirus (Covid-19) Guidance on Vulnerable Children and Young People”, which you can find here. • There is also the "Guidance for Parents and Carers for Supporting Children and Young People's Mental Health and Well-being during the Coronavirus (Covid-19) Outbreak”, which you will find here. • Then there is the revised “Guidance on the Coronavirus Job Retention Scheme” which now points out those people unable to work due to caring responsibilities, can now be furloughed by their employer (which came out on 6/4/2020), which you can find about on Contact’s website here and on the Government’s website here. Financial information • There is also now clarification that are free school meal vouchers will continue for the Easter holidays, more details of which you can read about on the BBC’s website here). • There is also the fact that the Government has announced a hardship fund to provide Council Tax support to vulnerable people in households affected most by coronavirus, more details of which you find on Scope’s website here and on the Government’s website here. • In addition, there is a lovely roundup of resources currently available for people on the Disabled Children's Partnership "Coronavirus Help and Support” page on Scope’s website, which you can find here. Educational resources • In terms of educational resources, the Government has also now provided support for schools and parents with educational resources that will help children learn at home, which you can find here. • There is also a nice round up of resources that are available both educationally and generally on the Special Needs Jungle website, which you can find here. S • There is also a nice update on "Ways to keep your kids entertained during lockdown" that appears on the Scope website, which you will find here. (In addition, there are a number of websites offering educational resources, which you can find under the Twitter feed "#homelearning”). Legal information • In terms of what is happening on the law concerning SEN generally, you may benefit from the webinar presentation produced by the team at 39 Essex Chambers, which you will find on their website here. • There are also helpful articles answering questions about the Coronavirus Act 2020 and the legal duties of local authorities, education institutions and childcare providers towards children with SEN and disabilities on the Irwin Mitchell website, which you can find here. • There is also free access now to individual Chapters of “Disabled children: A legal handbook" which is in its third edition now and is written by Steve Broach and Luke Clements, which you can find on the Council for Disabled Children's website here. 2. What does this all mean? Whilst this should feel helpful theoretically, there is always a practical difficulty when you are faced with a number of different bits of information or resources, as to whether it is really helpful to you, or whether it actually just overwhelms you! The trick that I have found personally over the years, is to initially look at everything and triage it according to its benefit and importance. You then need to make a personal decision about whether that information is really useful to you or not (or whether it is also worth sending to somebody else if you don’t need it, in case it may actually benefit them, even though it may not benefit you). The worst thing that you can do though is to open up all of the above links/resources and then leave them there waiting for you to return to them at a later time. The more time that then goes by will only increase your anxiety over it. What I have found with these kind of things (and in life generally) is that it is always better to deal with something at the time, rather than leaving it until later to return to, to look at it properly. As people often say, you may actually never get the time to look at it properly. This is especially if you are now trying to work at home with children running about who need to be entertained! 3. Where can I find further information? Personally I often find it find more helpful to watch a video to help explain things to me if I am able to, rather than just reading text, which is sometimes more difficult to decipher. Finally, I would again remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle Remember also, that there are also other videos on this website, especially the one at the top of this page which explains the coronavirus and its effect clearly to children. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk.
by Douglas Silas, specialist SEN solicitor
This is my weekly update for SEN and Covid–19.
This week, rather than me just writing a wall of text for you to read (although there is that too), I am going to try to sometimes use videos that I have found on the web, which you may find useful. I hope that this helps people. 1. What has happened this week? Although a lot of people were initially quite active on the web last week during the first week of school closures and our primary 'lockdown', this week there has not been so much activity, as I fear that the novelty of doing things differently for many people may have already started to wear off. Here's a video which summarise things well...
and here's a reminder about what is happening with schools...
Also, many people with children who are at home now may be finding it very difficult to both educate and amuse them, as well as get on with their regular 'day job'. If this is you, you may find it helpful to watch the following video...
Guidance
I have seen guidance this week from the National Education Union (NEU - a teaching union), which states (I have underlined some things): 'Guidance for primary teachers - Taking care of your physical and mental health is crucial at this time: this goes for children, parents and teachers. Keeping minds active and happy, ready to return to school when the time comes is the most important factor. - Teachers working at home can only carry out a reasonable workload and this must be negotiated with staff. Teachers should not be asked to personally contact their students daily, except where they have agreed with the headteacher a system/ rota for contacting vulnerable children and families. Teachers must not use personal phones, emails or social media to carry out this contact. - Teachers should not live-stream lessons from their homes, nor engage in any video-calling unless in exceptional circumstances, with the parent. Online lessons are not desirable for primary children as the teacher-pupil interaction is not easily replicated. - Many children need a lot of guidance when working and cannot be left for long periods of time to complete complex tasks. Schools should suggest activities that children can complete on their own. We must recognise that many parents are also trying to work from home, and parents might struggle to assist with schoolwork for a number of reasons. Parents cannot be expected to become teachers. - Tasks that do not need the internet or a device such as a laptop or tablet to access them are preferable, as some children and families will not have internet access or more than one device to use. - Work and tasks should suit the age range and capabilities of the children and expected outcomes should be flexible. Try to set tasks that all pupils can complete to some degree of success, with extra and more stretching activities for the more able. - Work that can be done in bite-sized chunks is more likely to be completed than longer tasks. If there are projects, suggest how these could be broken down. - Worksheets/textbook pages for maths and English can work if they are already used in school and all children have them at home. Teachers cannot be expected to mark work. Schools should not be setting SATs tests or mocks at this time. - A list of flexible tasks that cover different areas of the curriculum allows children to choose the tasks that interest them, and the ones parents feel they can manage. - It is most beneficial and realistic to offer a variety of tasks which are done working at a table (keep these to a minimum) or while moving around, including creative tasks. 'Guidance for secondary teachers [the first two paragraphs above are the same] - Teachers should not live-stream lessons from their homes, nor engage in any video-calling, unless in exceptional circumstances with the parent. - Not all pupils will have a quiet place to work, and some will be expected to take care of younger siblings or perform household chores. - Schools should suggest activities that children can complete on their own regardless of ability level. We must recognise that most parents are also trying to work from home. Parents cannot be expected to become teachers. - Variety is key and bite-sized chunks of work are more likely to be completed and could be part of a bigger project. We cannot expect pupils or parents to replicate the classroom at home. - Set tasks that can be completed to varying degrees of success with more complex and additional tasks for the most able pupils. Tasks that require little or no access to technology are preferable in order to cater for everyone. Where schools do use technology, they should use the technology that pupils and teachers are familiar with. - A list of flexible tasks that cover different areas of the curriculum allows pupils to choose the tasks that interest them and makes it more likely that they will complete them. Post-16 learners might be able to carry out more open-ended, independent work, but structure and guidance is still needed for them. - If schools have systems set up for online lessons, these should be kept to a minimum as the interaction needed between teacher and pupils in school is high and cannot be easily replicated for a young audience, even at KS4 level. Any school which carries out online lessons must have protocols in place to protect staff and safeguard pupils, and no teacher should be expected to carry out any online teaching with which they feel uncomfortable or in the absence of agreed protocols. - At this time, teachers should not be expected to carry out routine marking or grading of pupils’ work. To do so would be to disadvantage those who do not have the resources and support available at home to make that fair. There is also other guidance, which says that children may only need 2–3 hours a day of "work" and that helping with gardening, cooking and washing can all be "educational". The Law But the main thing that people reading my updates may want to know in this section is what is actually happening in relation to the law concerning children and young people with SEN with the impact of Covid-19/the Coronavirus. I attended a webinar earlier in the week staged by 11KBW, where barristers, Jonathan Auburn and Joanne Clement covered the following issues: - the temporary closure of educational institutions - the temporary continuity directions ⁃ the powers of the Secretary of State for Education to now disapply or modify legislative provisions ⁃ the fact the 'absolute' obligation on a Local Authority (LA) to provide SEN provision in an Education, Health and Care (EHC) plan can be converted into a 'reasonable endeavours' duty ⁃ the fact that the Secretary of State for Education must first issue a 'notice' to bring this into effect and will only do so where appropriate and proportionate action is needed in the circumstances ⁃ the fact that there is no threshold for a 'notice' in the Act, but that the letter from Vicky Ford MP of 24/3/20 says that powers will only be exercised ... where necessary ⁃ the fact that a 'notice' must not exceed one month (although it could be re-issued) - the need sometimes for appropriate risk assessments to be carried out They also pointed out that there has been no modifications or disapplications of current legal duties (AT PRESENT), in relation to: ⁃ EHC Assessments ⁃ finalising EHC plans ⁃ Annual Reviews Finally, they also referred to other helpful DfE (Department of Education) guidance, including: 'Coronavirus (COVID-19): guidance on vulnerable children and young people', which they said was the most useful guidance currently on SEN provision and answered numerous questions. 2. What does this all mean? As I said in my first update, although the Government has allowed 'vulnerable' children and those of key workers to still go to school during the current pandemic, my experience has been that so far very few parents have taken this on board and many children with SEN are now being kept at home for the duration of this crisis. Also, although many schools have closed. some should remain open for caring for/educating these children and the Government initially asked special schools not to close, but some have done. There is a great difficulty for many children and young people, especially those with special educational needs, between distinguishing between doing schoolwork at school and being more relaxed at home. Whilst, as I say above, the novelty of not having to go to school and parents not having to go to work, may have initially felt very good, it is extremely difficult for many parents at the moment to keep their children continuously educated and entertained. In addition, there are always going to be good days and bad days and the advice I have seen many times (although I am not a teacher or psychologist) is that trying to force a child to learn when they really do not want to, may actually be counter-productive in the long run, particularly when remembering that parents are going to be living 24/7 with them every day. It is very important to bear in mind that there is no legal duty on parents to try to maintain the provision in their child's EHC plan whilst they are out of school and trying to do so will be an impossible task, so parents should not feel they need to try to. It seems to me that the best that can be achieved in these difficult times is to come up with some kind of alternative or different schedule for home-schooling that everyone can 'buy into'. I realise though that this is not going to be satisfactory for many people. In terms of the law itself, I believe that we are still, effectively, in the early days for me to give any definitive advice yet as to what is happening. As a 'notice' under the Coronavirus Act 2020 has not yet been brought into effect, this should mean that LAs are under the same legal duties as before in respect of assessments/timescales/maintaining provision for EHC plans, although I do believe that we should all be as flexible as we can in the current circumstances. 3. Where can I find further information? I've seen a number of videos on the web, which I think many people may find helpful, such as...
There are also a number of online resources for children and young people, including for younger children.
These even include covering simple things like taking exercise or learning how to wash your hands properly, such as...
Finally, I would again remind you of the very useful resources and information provided on the following websites:
- IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle Remember also, that there are also other videos on this website, especially the one at the top of this page which explains the coronavirus and its effect clearly to children. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk.
by Douglas Silas, specialist SEN solicitor
INTRO
There is such a lot of information out there at the moment that it is hard to absorb it all, or know what is the most relevant or important. Following the welcome reception to my update on SEN and Covid-19 last week, I have now decided to write an update weekly, which will be sent out to those who already subscribe to my normal ‘SEN Update’ emails, or who follow me on one of the social media platforms that I use (i.e. Twitter/Facebook/LinkedIn). I have also set up a new list for anyone else who wishes to receive these updates now by email. (You do not need to do this if you are already receiving this update, but I would be grateful if you could forward, post or retweet this update to others who may need it and ask them to subscribe themselves on my new website [see below] to receive the update by email, or to follow me on Twitter/Facebook/LinkedIn). I have also now set up a dedicated website at ‘www.SEN-Covid-19.co.uk’, where you can find out all the latest information in one place, to save people from having to spend their time trying to find out the important information themselves. You will see that, apart from it having new and previous updates on it, I have also designed the home page to have an (automatically) constantly updated Twitter news feed compiled from the most important feeds providing relevant and important information in relation to the impact that Coronavirus/Covid-19 is having on SEN provision for children and young people. I am also going to now follow the same style in every update with just three FAQs, which will hopefully make things quicker and easier for people to digest. 1)What is the current situation this week? There has been a plethora of information this week posted/tweeted on the internet, including information/updates on school closures, the Government’s response to educational provision in various settings, what happens now to school/LA/other public services and about lots of other things. Some of the most important information that has been issued by the Government is contained in two letters written by Vicky Ford MP, the Parliamentary Under-Secretary of State for Children and Families, on 24 March 2020. One is a more general letter and another is directed to ‘Early Years and Childcare Providers In England’. The first of these letters stated as follows: ‘Dear colleagues, This is an open letter distributed through as many of our partner organisations as possible. I would be grateful if you could circulate it as widely as possible to children and young people with Special Educational Needs and Disabilities (SEND), their parents/carers and families, and all others who support them. This is an unprecedented, uncertain and testing time for all of us due to the coronavirus (COVID-19) pandemic. It is particularly challenging for children and young people with SEND, their families, and those who work tirelessly to support and care for them. This is why, over the past week, we have made announcements and issued guidance about how we will meet the needs of children and young people with SEND during this challenging time. As the Minister responsible for SEND, I wanted to write to let you know that we are committed to doing everything possible to support you during this difficult time. We are working in partnership with many organisations, including the National Network for Parent Carer Forums and the Council for Disabled Children, to make sure we are focusing our efforts in the right places. In all our decisions, the needs of SEND children and young people and their families and carers, and safeguarding these vulnerable groups, are at the forefront of our minds. The Government published guidance about supporting vulnerable children on 22 March. It includes a number of frequently asked questions and is available at https://www.gov.uk/government/publications/coronavirus-covid-19-guidance-on-vulnerable-children-and-young-people. We have also published new guidance that provides household isolation advice for children and young people who live in residential settings, and the staff that support them. This guidance is available at https://www.gov.uk/government/publications/coronavirus-covid-19-guidance-on-isolation-for-residential-educational-settings. The guidance on supporting vulnerable children states that local authorities, nurseries, schools, special schools, colleges and other training providers should undertake a risk assessment to establish the individual needs of each child or young person with an Education, Health and Care (EHC) plan. This assessment should incorporate the views of the child or young person and their parents. This will inform the decision about whether they should continue in school or college, or whether their needs can be met at home safely. If needs are best met at schools or colleges, we will support their school or college to meet their needs, wherever possible. For those on SEN support, schools, colleges and local authorities have discretion to use the same risk judgement to decide whether home or school is the safest setting for these children. It is, however, important that as many children as possible remain at home during this time in order to help reduce transmission rates. On 19 March, the Government introduced new legislation into Parliament, in the form of the Coronavirus Bill (‘the Bill’), in response to the outbreak (https://services.parliament.uk/bills/2019-21/coronavirus.html). Our overwhelming aim for SEND, through the Bill and the proposed changes to regulations that are to follow, is to balance the needs of this vulnerable group to receive the support they need with managing the demands on local authorities and health bodies to respond to this outbreak. As a result, we have included in the Bill temporary emergency powers to enable us, where necessary, to modify the legal requirements on local authorities in fulfilling their duties in relation to EHC plans. In practice, this will mean that where a local authority is, because of the outbreak, unable, for example, to put in place stated provision, they will need to use their reasonable endeavours to do this, but won’t be penalised for failing to meet the existing duty as set out in the Children and Families Act 2014. These emergency powers will only be exercised for the shortest period and where necessary, and will be regularly reviewed. We will also be seeking to amend regulations on the timescales for EHC plan processes where this is appropriate because of COVID- 19. I want to reiterate that these decisions are not taken lightly but I believe strike the right balance in these difficult times. I encourage you to keep up to date by regularly checking the www.gov.co.uk webpages, and raise awareness of the DfE Coronavirus helpline we have established for local authorities, providers and parents to get information on the latest Government advice. The number is 0800 046 8687, and lines are open 8am-6pm (Monday – Friday), and 10am – 4pm (Saturday and Sunday). I realise that the impact of these extraordinary circumstances on this group of children and young people can be particularly acute. This is why I have asked the Council for Disabled Children, in partnership with Contact, to ensure that their websites and forums regularly update both families and services on information, which is available to support them. I have also asked them to collate any questions and queries from stakeholders so that we can maintain as many routes of contact as possible into Government to ensure our actions continue to be focused on prioritising where help is most needed. The challenges we are now facing serve to further highlight the importance of ensuring the system of support for children and young people with SEND is as effective as possible in the future. Rest assured that completing our review of the SEND system remains a priority for me and for the Government. In light of the current situation, we will think carefully about the right way and timescale to do this. Right now my focus, like yours, is on managing the current situation and keeping vulnerable children safe and supported. I know that by working together, we can ensure that children and young people with SEND receive the support they need during this difficult time. Yours sincerely, Vicky Ford MP Parliamentary Under-Secretary of State for Children and Families’ The second of these letters stated as follows: ‘Dear colleague, LETTER TO EARLY YEARS AND CHILDCARE PROVIDERS IN ENGLAND The early years and childcare sector is vital to the country’s response to the COVID- 19 outbreak. On behalf of the Prime Minister and the entire Government, I want to thank you for all you are doing to care for for the youngest children in our country, as part of the fight against COVID-19. I recognise that you will have the same concerns as the rest of the country about your health and that of your families. I am deeply grateful for the civic spirit and dedication of everyone working in early years and childcare, and I will continue to provide my full support throughout this challenging time. As the Prime Minister made clear on Wednesday 18th March, the coming weeks will require a community effort to deal with a challenge greater than most of us have ever faced in peacetime. The childcare sector is full of resourceful, ingenious and resilient people and I am confident that together we will overcome this challenge. As a country, our priority must be to reduce the spread of the COVID-19 virus. Last week it became clear that the spike of the virus was increasing at a faster pace than anticipated and it was crucial to implement the right measures to arrest this increase and to relieve the pressure on the health system. To do this, and provide parents, children and staff with the certainty they need, we announced that schools, colleges and childcare settings (including nurseries, pre-schools, childminders and wrap around childcare for school aged children) would close to everyone except children of critical workers and vulnerable children from Friday 20 March, as part of the country’s ongoing response to COVID-19. This decision was made to limit the spread of the virus. That is why the Government has asked parents to keep their children at home, wherever possible. Keeping as many children at home as possible is essential to protect the NHS and save lives and I ask for your support in ensuring this advice is understood and followed by families in your communities. We have asked you to continue to provide care for a limited number of children - children who are vulnerable, and children whose parents are critical to the COVID- 19 response and cannot be safely cared for at home. Childcare settings should not provide care for children who do not meet these criteria. Guidance for childcare providers to follow on this can be found here. I recognise that we have asked a lot of the sector at very short notice, and that you will be thinking carefully about how you might provide high quality and safe care for a smaller number of children than usual. I understand that some of you may be unable to do so, especially if you are experiencing severe staff shortages due to ill- health or self-isolation. Your local authority will be assessing the needs of your community and talking to you about how to best organise childcare for vulnerable children and children of key workers. The Emergency Bill we published on Thursday 19 March seeks temporary powers to make changes to childcare regulations in order to help local authorities respond to pressures from this outbreak, without being in breach of regulatory requirements, as well as addressing the legal issues around closures of school and other education settings. The health, safety and well-being of children must be our first consideration. I continue to expect childcare to take place only within existing registered early years and childcare settings. In line with its duties as a regulator, Ofsted will consider legal enforcement action against those who set up unregistered childcare. I know that many of you will be concerned about the future of your childcare businesses and the jobs that depend on them in these uncertain times, and I have set out below some of the measures Government has already announced to support businesses during this period. We are working hard to mitigate the impacts of COVID-19 on all parts of our society, including individuals and business and I strongly urge all providers to be sensitive to the financial burden that you are passing on to parents, given the great uncertainty that they will be facing too. Last week the Secretary of State for Education announced that entitlements funding will not be clawed back from local authorities, even where settings close or children were not able to attend due to COVID-19. I know that local authorities will want to honour this position and pass funding onto providers as if things were ‘usual’ – I have made clear that this is my firm expectation. In addition, the Chancellor has announced a package of support for workers and businesses, this includes: - Childcare providers will be eligible for a business rates holiday for one year. That means non-local authority providers of childcare (registered with Ofsted and providing EYFS) will pay no business rates in 2020-21, from 1 April. Local authorities are working to implement this and guidance has been published. -Nurseries in receipt of small business rate relief or rural rate relief will benefit from small business grant funding of £10,000. This includes nurseries who are eligible for a charitable status relief – they will also pay no business rates at all in 2020-21. - Some settings operate from shared spaces which may now benefit from a 100% rates relief. I strongly encourage those settings in shared spaces to request that any business rate savings be reflected in their rent charge. - The Coronavirus Job Retention Scheme means that for employees who are not working but kept on payroll, the Government will contribute 80% of each worker’s wages of up to £2,500, backdated to 1 March 2020. Providers can access this scheme while continuing to be paid the early entitlements funding via local authorities. For many pre-schools and nurseries we know that staffing is their largest expense, so this will make a significant contribution to help manage their outgoings. - The Business Interruption Loan Scheme will now be interest-free for 12 months (rather than six). - VAT payments due with VAT returns between now and end June 2020 will be deferred, meaning UK VAT registered businesses will not need make those payments until the end of the financial year. - Working tax credit has been increased by £1,000 a year. - £20 per week increase to the Universal Credit standard allowance and Working Tax Credit basic element has been increased by £20 a week. - Local Housing Allowance rates for Universal Credit and Housing Benefit have been increased so that it covers the cheapest third of local rents - The minimum income floor for Universal Credit will be temporarily relaxed. - The Government is also supporting the self-employed by deferring income tax self-assessment payments due in July 2020 to January 2021. This is also an automatic offer with no applications required. More details are can be found here. The Department for Education has set up regular contact meetings with representatives from across the early years sector, including Early Years Alliance, the National Day Nurseries Association, the Professional Association for Childcare and Early Years, as well as with local authorities. This is to ensure we continue our close work with the sector to rapidly identify the most effective ways to mitigate the negative impact of these closures. The Government is committed to supporting settings through this pandemic. The vital service that you provide will be key to supporting families and the wider economy to get back to work once we have beaten the pandemic. Yours sincerely Vicky Ford MP Parliamentary Under Secretary of State’ But probably the most important thing was that the Coronavirus Act 2020 was enacted on 25thMarch 2020 and the previous explicit and non-delegable (i.e. absolute) duty on LA’s to provide special educational provision contained within Education, Health and Care (EHC) Plans has now been watered down (as anticipated) to there only now been a ‘reasonable and endeavours’duty to deliver provision. However, it is also important to note that, in order for this to come into force, the Secretary of State for Education has to issue a notice to allow for this and the notice must also explain why issuing the notice is considered to be necessary and proportionate. Also, parents who consent to changes or reductions to their child’s provision during the Coronavirus outbreak, will not be considered to have agreed to a permanent change to their child’s needs as set out in their EHC Plan and any changes to the support outlined in the EHC Plan during this period will also be taken as temporary changes only. It is also important for me to point out that there will be some children and young people who may be at significant risk if their educational, health and care needs cannot be met (including those with profound and multiple learning difficulties, or those already receiving significant levels of personal care support at an educational setting) and, as far as I know, LA’s still need to ensure that there are educational settings still open for these children and there should be a risk assessment done for each child or young person. In other news, I have seen a number of organisations and Government departments offering practical advice or resources to people and some LAs have also informed parents that home to school transport is no longer available to them. 2)What does this all mean? It is extremely clear that, although we are only a week into school closures and only a short while into the Coronavirus pandemic, that we are already in a real crisis situation across the world, so it is important for us all to realise that everybody is doing the best that they can and it is going to be very critical for us to be as flexible as possible. However, I have heard many commentators say that already it feels like children and young people with SEN or disabled people generally are quickly being forgotten and sacrificed. As I said last week, children with EHC Plans are considered to be ‘vulnerable’ and should continue to receive educational provision, but I have spoken to many parents already who have sought my advice and who have explained to me that their child’s school has closed, that their child does not yet have an EHC Plan, or that their school has only been kept open to allow for educational provision to really continue to care for children of ‘key workers’ (although it should also be for children with EHC Plans). Some have told me that they have refused or are reluctant to send their child into school because that will inevitably mean they will be out of their normal routine (which may affect them negatively) or not get the specialist teaching or support even that they require. Some have even been very blunt with me and have said that they do not wish for their child to come into contact with other children whose parents are key workers who may be at higher risk of contracting the virus and thereby then expose them to a significant danger, or allow them to then potentially bring the virus into their own home. One of the most frequent questions I have had is about things like lack of continuing provision of specialist teaching or therapy provision; or it no longer being provided due to practical difficulties or lack of resources/staff. There are also situations where parents now find themselves paying for independent schools to continue securing their child’s place there when they re-open (as they have closed already), so their child is no longer receiving any educational provision, or cannot access any online tutoring that is being made for the majority of other children at the school. Some are even a bit incensed that the school may be continuing to be paid by the LA for additional provision which their child is no longer receiving. Of course, some of the above are general problems which affect many people, but some situations are individual to particular cases and it is extremely hard for me to comment or advise on many situations until I have the full facts. However, I would say in general that one of the most important things to do at the moment is to speak with and maintain communication with the relevant school/LA and see what can be done, including the diverting of funds/resources, or the provision of specialist teaching/therapy remotely through video conference facilities (such as Skype, Zoom, etc). 3)Where can I find further information? As I said at the beginning of this update, there is now a plethora of information out there and the best information I have come across are on the websites of the following people/organisations: - IPSEA; - Council for Disabled Children; - Contact; - Scope. Finally, I want to close this update by saying that you/your children may also find it helpful to watch this excellent coronavirus video to help children understand the virus and to offer them comfort and reassurance in these worrying times, which you will find here. Keep safe. With best wishes, Douglas P.S. I also want to highlight the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps, which you need to be aware of. Please be extremely careful and help yourself and others to not become victims. You can learn more about the different types of scams at: www.FriendsAgainstScams.org.uk. FACTS AND FAQs ABOUT SEN & COVID-19
As many people, both professionally and personally will already be aware, many schools are now closed because of the COVID-19/coronavirus pandemic.
I thought that it would therefore be helpful to compile here as much (clear) information as I can from what we have gleaned on the internet, about what happens to SEN provision now, which I have done in the style of FAQs (Frequently Asked Questions). (1) What is the current situation? The Secretary of State for Education announced that most schools were to close on Friday 20 March 2020, but that education was going to still be provided for some categories of children/young people (considered to be ‘vulnerable’), as follows: - Those with social workers; and - All children with Education Health and Care (EHC) Plans. The Government guidance also said that it wanted to keep parents in work who are doing vital jobs to support crucial sectors that ensure the country continues to function amid the coronavirus pandemic. Therefore, a skeleton network of schools and nurseries is set to remain open. Special schools are expected to remain open during the closures. The Government is also advising parents to speak to their LA if their child’s school is closed and it will then be their duty to redirect them to a local school that their child can attend, if necessary. The Government guidance further says that, if it is at all possible for children to be at home, then they should be, but if a child/young person needs specialist support, is vulnerable or has a parent who is a critical worker, then educational provision will be available for them. It is not yet known whether all schools will remain open. The government though is encouraging Local Authorities (LAs) to keep residential special schools and specialist colleges open if possible. Teachers and other staff will continue to work, but many will now do so remotely/online. Finally, the guidance has said:‘We should like to reassure parents that they are the best judge of what is right for their child and will not be penalised for keeping a child at home.’ (2) What does this mean? Theoretically, this means that schools are being asked to continue to provide care for a number of pupils whose parents are ‘key workers’,* but they will be closed to the majority from Monday 23 March 2020. Also, provision will still need to continue for children/young people with EHC Plans. Special schools should remain open during the closures, whilst educational settings generally will continue to cater for vulnerable children and pupils whose parents are key workers. LAs still have an obligation to carry out EHC assessments, but staff may be unable to meet deadlines. Yet, what this means in practice has not been clarified at the time of my writing this, so it is very hard for me to say at this stage exactly what the practical implications will be. There is also not enough info or guidance yet on how therapy/provision will/can be provided outside of school. It seems though that the majority of children/young people who receive SEN support, but do not have an EHC Plan will be expected to stay at home, unless they have a social worker or parent/carer who is a key worker. All I would say is that the strict legal duty for the LA now to ‘deliver’ provision in an EHC Plan and all children/young people may be watered down and children/young people are expected to continue to attend school if they have one parent who is classified by the government as a key worker. Finally (in summary) Government guidance also says the following: - If it is at all possible for children to be at home, then they should be; - If a child needs specialist support, is vulnerable or has a parent who is a critical worker, then educational provision will be available for them; - Parents should not rely for childcare upon those who are advised to be in the stringent social distancing category, such as grandparents, friends, or family members with underlying conditions; - Parents should also do everything they can to ensure children are not mixing socially in a way which can continue to spread the virus and they should observe the same social distancing principles as adults; - Residential special schools, boarding schools and special settings should continue to care for children wherever possible. (3) Can you refer me to any other resources about what is happening? There are a number of useful resources now on the internet, which can provide helpful information, which you will find on the websites of the following: - Council for Disabled Children - IPSEA (including a SEND Tribunal Update) - Scope
*Who are ‘key workers’?
The Department for Education has published a list of “key workers” whose children will be prioritised for schooling during general closures. The best summary I have seen was on the ‘Evening Standard’s website and said as follows: ‘The Department for Education said: "If your work is critical to the COVID-19 response, or you work in one of the critical sectors listed below, and you cannot keep your child safe at home, then your children will be prioritised for education provision." (a) Health and social care - This includes frontline health and social care staff - such as doctors, nurses, midwives, paramedics, as well as support and specialist staff in the health and social care sector. In addition, those working in supply chains, including producers and distributors of medicines and personal protective equipment are included. (b) Education and childcare - This includes nursery, teaching staff and social workers, as the department said these workers are required to deliver their plans. (c) Key public services - Those required to run the justice system, religious staff, as well as those responsible for managing the deceased and journalists providing public service broadcasting are on the list. (d) Local and national government - The list "only includes administrative occupations essential to the effective delivery of the Covid-19 response or delivering essential public services", including payment of benefits. (e) Food and other necessary goods - The list includes those involved in the production, processing, distribution, sale and delivery of food. (f) Public safety and national security - Police, support staff, Ministry of Defence civilian staff and armed forces personnel are on the list, along with fire and rescue staff, as well as those responsible for border security, prison and probation staff. (g) Transport - The list includes those who will keep "air, water, road and rail passenger and freight transport modes operating during the COVID-19 response". (h) Utilities, communication and financial services - Staff required to keep oil, gas, electricity, water and sewerage operations running are on the list, along with those in the civil nuclear, chemical and telecommunications sectors. Those in postal services and working to provide essential financial services provision are also included. Firstly, let me wish you a belated Happy New Year, I do hope that you have a good and peaceful 2020. Although this is my first SEN Update of the new chronological year 2020, it is still just the start of the second term in the new academic year 2019/20. In this SEN Update, you will find sections entitled:
Don’t forget, to ensure that you never miss out on one, you can get my SEN updates personally by completing your email details below, or by following me on one of the Social Media platforms that I use, at the top of this page. You can also share this update with others (please only do so if it may be relevant to them), by using one of the icons usually to the right or at the bottom of this page. WHERE ARE WE GOING? (EDUCATION COMMITTEE) You could be forgiven for thinking that the last few years that the media has been dominated by the issue of ‘Brexit’ (don’t worry, I am not going to discuss it here) and that during the last few months, the media has also been dominated by politics again in relation to the election last month (don’t worry again, I am also not going to discuss this either!). What may have been overlooked though is the Education Committee’s report on SEN and Disabilities that was published on 23 October 2019. The first few paragraphs of the ‘Summary’ of the report states as follows: ‘In 2014, Parliament legislated with the intention of transforming the educational experiences of children and young people with special educational needs and disabilities. The reforms were ambitious: the Children and Families Bill sought to place young people at the heart of the system. However, as we set out in this report, that ambition remains to be realised. Let down by failures of implementation, the 2014 reforms have resulted in confusion and at times unlawful practice, bureaucratic nightmares, buck-passing and a lack of accountability, strained resources and adversarial experiences, and ultimately dashed the hopes of many. The reforms were the right ones. But their implementation has been badly hampered by poor administration and a challenging funding environment in which local authorities and schools have lacked the ability to make transformative change. The Government has recently taken initial steps to rectify the latter of these two challenges, but there is much left to be done. There is too much of a tension between the child’s needs and the provision available. The significant funding shortfall is a serious contributory factor to the failure on the part of all involved to deliver on the SEND reforms and meet children’s needs. Ultimately, however, unless we see a culture change, within schools and local authorities and the Government, any additional money will be wasted and make little difference to their lives…’ Those were the first three paragraphs of the summary but there are actually 12 paragraphs in all. The other paragraphs also talk about the need for greater oversight, the need for reduced bureaucracy and conflict, the need to reduce unlawful practice, the need to improve experiences and opportunities, the need to improve the input of health and social care, the need to improve therapy provision, the need to focus again on the Local Offer and the need to adopt a whole-school approach, rather than just adopting a piecemeal approach. The Education Committee's report is split up into two parts, which are respectively entitled: ‘Our Report’ and ‘Our Evidence’ and it is quite long and detailed. If you want to read the whole report, which runs to 127 pages, you can do so in one of its forms here: Online/PDF/Interactive Report, or you can read their ‘Conclusions and Recommendations’ which only runs to 38 paragraphs (which, in turn, refer to relevant parts of their report). But to try and make your life a bit easier, it may also help you if I set out here the first seven paragraphs of the Education Committee’s ‘Conclusions and Recommendations’, which state as follows: ‘1.We are confident that the 2014 reforms were the right ones. We believe that if the challenges within the system—including finance—are addressed, local authorities will be able to discharge their duties sufficiently. (Paragraph 17) 2.We recommend that when the Government makes changes to address these challenges, it should avoid the temptation to address the problems within the system by weakening or watering down duties or making fundamental changes to the law. (Paragraph 18) 3.The Department for Education set local authorities up to fail by making serious errors both in how it administered money intended for change, and also, until recently, failing to provide extra money when it was needed. (Paragraph 20) 4.The significant shortfall in funding is a serious contributory factor to the failure on the part of schools and local authorities to meet the needs of children and young people with SEND. However, unless there is a systemic cultural shift on the part of all parties involved, additional funding will make little difference to the outcomes and experiences of children and young people with SEND. (Paragraph 21) 5.While we acknowledge the extra money provided in the spending review, both for schools and social care, we deeply regret that this spending review process was insufficient in tackling the fundamental challenges facing both children and adult social care. We acknowledge the Government’s recent Budget announcement and hope that this will be tackled at that point. (Paragraph 24) 6.Nobody benefits when Departments avoid accountability and try and pass the buck. The Department for Education, together with the Department for Health and Social Care, should develop mutually beneficial options for cost- and burden-sharing with the health and social care sector. (Paragraph 25) 7.Nobody appears to be taking any action based on the counting and measuring that is taking place, but even worse, no one appears to be asking anyone to take responsibility for their actions. There appears to be an absence of responsibility for driving any change or holding anyone accountable when changes do not happen. (Paragraph 27) …’ Again, I am not going to repeat here everything that they said there as, if you do want to see everything for yourself you should read the Report/’Conclusions and Recommendations’ yourself. However, I think it is clear from what I have quoted above, that more needs to be done to properly implement the changes still. As I have said before though, a new piece of legislation often takes 10 to 20 years to bed in and, when you think about it, although we have been talking about the need for a new SEN framework now for well over a decade, the Children and Families Act 2014 has actually only been implemented for just over five years now. SEN LAW CONFERENCE (UPDATE) As you will probably already know from the reminder email that I sent out earlier this week (on Monday afternoon), the annual SEN Law Conference for 2020 that I am delighted to stage with IPSEA and Matrix is soon taking place on Tuesday 3 March 2020. This year, it is going to be held again in Central London, but will be held this year (mainly for space reasons etc.) at the De Vere Grand Connaught Rooms, London WC2B 5DA near Holborn. I am very pleased with the agenda and the range of speakers this year, which you can see for yourselves on the conference website. However, I’m afraid that the ‘Early Bird Discount’ is now only available until this coming Monday 13th January 2020 so, if you have not already booked your place, now may be the best time to do it, which you can do again on the conference website here. I understand that ticket sales are already approaching 200, so I probably need to remind you again that, during the past couple of years, we have been fully booked up some time before the event and have then had to stop selling tickets. So, if you were hoping to come, please hurry to get your ticket as soon as possible, whether or not you wish to avail yourself of the Early Bird Discount. FORTHCOMING SEN EVENTS In terms of other forthcoming SEN events in the next couple of months, I would draw your attention to the following:
PUTTING YOUR FEET UP!
My apologies again - this last section is a bit longer again today than usual. I know that many of you have heard me relate stories over the past few years from my international bike rides, using a specially modified recumbent trike, for the charity, Norwood, that helps children and young people with disabilities (just in case you don’t know already, I am physically disabled myself and use a wheelchair to get around). But I have realised recently that I have not actually told the story of how I managed to start riding in the first place, nor tell you how I got my trike in the first place. That is a story in itself! So, I have decided to tell you this story today... It all began when I started speaking with my friends, Paul and Stephen, who themselves had done many international bike rides before for Norwood. They shared their stories with me (sometimes when we were all coincidentally training in the same gym) about having done bike rides in places like India, South Africa, or in other exotic climes. Hearing their stories and adventures made me want to do one myself. However, as I was already physically disabled and had a deteriorating condition, which was progressing a little bit quicker than I expected, I knew that it may be impossible or, at least, quite a tall order for me to ever do one. They now tell me that they thought I would eventually let the subject drop. However, I persisted discussing this with them over the years and eventually, to their surprise, I ultimately plucked up the courage and asked them if I would be able to do a ride with them. Of course, we all realised early on that if this was to be any kind of possibility, I would need to become a physically strong rider and we would need to ride on a tandem of some kind, where they could do the most energetic work and I could do what I could. However, we also realised that we would have an added practical difficulty because I could not balance properly (as my condition causes me to fall a lot). We genuinely thought that it was not possible to connect a trike and a bike and get two independent chain-sets, working together, so I decided to present the problem to Vincent (who is also a wheelchair user), who designs and makes my wheelchairs. Vincent is one of the few people who I trust to advise me about things like this, as he is very good at making and designing not only wheelchairs, but also other kinds of mobility devices for disabled people (for which he has even won a ‘Tomorrow’s World’ award - remember that?) Unfortunately though (for me), Vincent works and lives in Liverpool, whereas I am based in London. Knowing that we would benefit from a face to face meeting, Paul and I went with my wife, Erica, and another friend to visit Vincent. After driving up there for about two and half hours, we discussed the problem in great detail with him, but he said that he did not think that it was possible. However, he told us that he remembered helping a disability bike club in Manchester once. He made a call to them and, to our delight, they told him that if we rushed over to them straightaway, we could look at some of the bikes they had at a race track they were using that afternoon. We therefore all quickly piled into the car (without Vincent) and drove to Manchester, about another hour's drive away. We reached the club/race track just a few minutes before they were due to close. There were a number of different bikes/trikes that we now saw, including bicycles and other forms of twin person bikes and trikes. This included the trike I now use (called a Hase ‘Kettwiesel’), but we first spied another kind of three wheeled tandem/trike, where the disabled person would sit and pedal on the front and the non-disabled person would sit and pedal on the back. After persuading the club’s staff to not end their session quite yet, they allowed Paul and I to give this tandem/trike a go and we set off around the track together on it. Sitting at the front, I was powering as hard as I could go to try and impress Paul and it all seemed to be going quite well for the first 200 metres of the 400-metre track. However, at that point it got much harder for me and it took me a lot more effort to finally complete the last 200 metres. When we passed the finishing line, I was then very surprised to turn around and see Paul with his feet up near the handlebars. Paul then told me that, when he had seen how strong I seemed to be for the first 200 metres, he had decided to take his feet off his pedals and put them up for the last 200 metres to see how strong I actually was! Paul then said that, as he now could see that I was much stronger than he thought I would be, I should try and ride on my own on the ‘Kettweisel’. I therefore was put onto this trike and went off by myself around the track (my eyesight was a lot better in those days, which allowed me to ride by myself!). It was an incredible feeling my being on that trike for the first time as, for the first time in many years, I felt really free again. I zoomed off around the track and made my way back around quite quickly. When I came back in everyone was smiling at me and I too had a big smile on my face! “That’s it then…” said Paul, “…we’ve now found the trike for you, haven’t we?” In the next couple of weeks. Paul and I had bought a Hase ‘Kettwiesel’ for me, which he also had modified and the rest is history. So there you have it, that’s the story! See, a lot of things can happen when you don’t look behind you… With good wishes Douglas P.S. I always find it helpful to find out what people think about my updates, so please take a few seconds to tell me what you think by going to 'Spring Term 2019-20 'SEN Update – Your Thoughts’. There are just 3 quick questions. As usual at this time of year, let me say welcome back after the summer break. In this SEN Update, you will find sections entitled:
As I always say, I know how busy everyone is, so please feel free to read just the sections that are of interest to you or read everything; the choice is always yours. Don’t forget, to ensure that you never miss out on one, you can get my SEN updates personally by completing your email details below, using our App ‘SEN.fyi’, or by following me on one of the Social Media platforms that I use, at the top of this page. You can also easily share this update with others (please only do so if it may be relevant to them) by using one of the icons usually to the right or at the bottom of this page, or on our 'SEN.fyi' App (by using the ‘share’ feature at the bottom of the page). SAME BUT DIFFERENT (SEN FRAMEWORK) Things always feel more positive at the start of a new academic year, don’t they? You feel more refreshed after a break and also feel more focused again. We should feel the same this year, knowing that we now have managed to get through the first 4 years of the new SEN framework, which was brought into effect in September 2014 with the Children and Families Act 2014 and the new SEND Code of Practice (which was updated again in 2015). In the second section of this Update, I want to tell you about some practical changes that have come into force/are coming into force at the SEND Tribunal, which may help people (both personally and professionally), but I want to take a moment in this first section to just reflect on SEN things. Many people tell me that, after having been involved in special educational needs issues for many years, that it still feels the same, but they know that it is different now. What I think they mean is that, although there appear to be changes around the edges, the main SEN framework appears the same as before, as it still really concentrates on education, even though Statements of SEN have been replaced by Education, Health, & Care (EHC) Plans. Although I do understand where they are coming from, I beg to differ because there is more of a drive now towards looking at the whole needs of a child or young person with SEN (theoretically), including their health and care needs. You may know that for many years I have been at pains to state that the education/health/care system is a huge entity and that any changes take a long while to filter down. I also like to point out that there is a need for a cultural change, which can take a long while as well. A good analogy that I use about this is to say that it is like trying to turn a large ship. You cannot do it immediately when you want to change direction - it takes a long while for a ship to turn around, unlike when you are in a small boat which can change direction quickly. So please don’t feel downhearted because things may have not gone smoothly. New things need time to settle down. Now that the transitions of Statements to EHC plans and the whole SEN framework has had time to bed in, I am hopeful that, even though it has been 4 years in the making, we should now see things moving forward positively. I am also at pains to point out that people do not do things wrong deliberately or maliciously, but usually because they have made a mistake or do not know what to do. As ever, I encourage people to always try to give other people the benefit of the doubt. CHANGES IN THE SEND TRIBUNAL Over the years, the number of pages of evidence submitted by a party when bringing/defending an appeal has increased. This has meant that sometimes Tribunal panels and witnesses (as well as the parties themselves), often have to read lengthy bundles, often with duplication of reports/documents submitted by both parties. As such, the Tribunal have now issued guidance and a new appeal form, which puts a maximum limit of pages that can be submitted by a party in an appeal. I have tried to summarise things here for you, as follows: Appeal Form Changes The main changes are:
New Bundle Guidance The Tribunal has produced new guidance entitled: ‘Guidance for producing a Tribunal Bundle for the First-tier Tribunal SEND’. (Applying to appeals from 1 October 2018). There are page limits for documents submitted in an appeal, as follows:
However, these limits do not include the ‘core bundle’ of the:
Other points to note are that:
TIME FOR A REFRESH (SEN WEBSITE) Some of you may have noticed that I have slightly refreshed our website over the summer, to try and simplify things further. As well as the usual things now, like updating my Guide to the SEND Code of Practice for 2018/19, as I know how busy everyone usually is, I have cut things down, wherever possible, so that they can be read quickly. One of my favourite parts now is the page entitled: ‘A Parent’s Story’ (which you can find under the section entitled: ‘What People Say’). This is where I have asked parents that we have helped to tell their own story in their own words (some are longer than others I am afraid). This, hopefully, can give other parents hope if they find themselves in similar situations, especially where the future looks bleak sometimes. It can help them see that there is often a way out of things and their lives can change very quickly, where a child or a young person’s educational provision or placement changes. My own particular favourites are the stories that start: ‘Raising children is a demanding job …’ and: ‘It’s not so much a path you take …’ Even if you are not the parent of a child with SEN, I encourage you to read some of these stories, because it may help you understand things better. I will leave it up to you to read some or not... FORTHCOMING SEN EVENTS I am going to keep this fourth section of my update quite short this time. As to be expected at the beginning of the new academic year, there is nothing for me to report about recent SEN events that I have been to yet. Looking ahead though, the annual SEN Conference that I am staging again with IPSEA (Independent Parental Special Educational Advice) and Matrix Chambers, is now going to be held next year on Tuesday 5 March 2019 (at a London venue, still to be determined). So best to ‘Save the Date’ and put it in your diary now. As yet, more details are still to be decided but, again, all proceeds will be given to IPSEA. In the meantime, in terms of forthcoming SEN events, I want to highlight the following:
"I STILL CAN’T WALK PROPERLY!’
As usual, I like to end my SEN update with a personal story as a disabled person using a wheelchair. This time I want to talk to you about difficulties that I face sometimes when flying. Usually, (still sitting in my wheelchair), I am taken separately from the terminal on an 'ambulift' to the other side of the plane, which then rises to allow me to board the plane on the entrance opposite to the one that people usually enter. I then either manage to get down to my seat by holding onto people/things (for example, the back of a seat) or am transferred into an ‘aisle wheelchair’ (which is narrower than my wheelchair, which goes into the cargo hold) and pushed to my seat. The disadvantage of doing this is that I often am the last one to board the plane and everybody is looking at me when I arrive, so I feel that I am keeping everyone waiting. It sometimes feels as though I am doing the ‘walk’ or ‘wheel’ of shame. However, the advantage is that I am also the last one to leave the plane and so can sit down and relax for a couple of minutes more when we land while everybody gets their bags out of the overhead compartments and rush to get off (this always seems to me to be a bit of a false economy as they then only rush to get to the baggage carousel, where they still have to wait - so they have not saved any time in reality). Anyway, on this occasion, I stayed behind as per usual and, whilst we were waiting for the ambulift to arrive, the pilots came out of their cabin and I was talking with them and the stewards/stewardesses. I expressed surprise that all the people who had joined me on the ambulift to get onto the plane were no longer there and I would be taken to the terminal by myself. One of the pilots smiled and said: ‘This always happens, you get a lot of people needing assistance at the beginning, but by the time we land they miraculously no longer need assistance’. I replied: ‘I’ve got a bone to pick with you…’ They now all looked at me a bit worried. I then continued: ‘I have been flying with you all these years and I still can’t walk properly when I arrive!’ With good wishes Douglas P.S. I always find it helpful to find out what people think about my updates, so please take a few seconds to tell me what you think by
Welcome back after another summer break. Although, usually, August is a quieter time of year for me in terms of the work that I do (as June and July are extremely busy with appeals to the SEND Tribunal about getting children/young people into schools/colleges for the start of the new academic year in September), this summer was actually much busier for me than usual. This is because, not only did a few of my cases seem to run on through August, but I have also been very busy doing some other things in preparation for this update. I will tell you more about this below. In this Update you will find sections entitled:
As I always say, I know how busy everyone is, so please feel free to read just the sections that are of interest to you or read everything; the choice is always yours. Don’t forget, to ensure that you never miss out on one, you can get my SEN updates personally by completing your email details below, using our App ‘SEN.fyi’, or by following me on one of the Social Media platforms that I use, at the top of this page. You can also easily share this update with others (please only do so if it may be relevant to them) by using one of the icons to the right of this page (if on a computer), at the bottom of this page (if on a mobile device), or on our 'SEN.fyi' App (by using the ‘share’ feature at the bottom of the page). I’VE BEEN BUSY AGAIN! If you’ve read these SEN Updates before, you probably already know that I always like to keep myself busy with casework and looking for new ways to help people. This summer, I have deliberately spent a lot of time updating many things. The more observant of you will have already noticed perhaps that I have changed a few things on our website (don’t worry if you think it looks and feels the same – that was my aim!) The most important thing for many of you reading this, is that I have now created a brand new page under the ‘SEN Online’ tab called: ‘SEN News (Daily)’. On it you will find that I have now collected the Twitter feeds from my 10 most favourite sites that provide daily/weekly/regular information about SEN. This means that now there is just one page that you need to bookmark on the internet, in order to find out the latest news about SEN issues. This also means, effectively, that there is just one place that you can look at however often you need to keep abreast of what is going on in the world of SEN, without having to either be a Twitter subscriber yourself, or trawl around the internet looking for things. I do hope that this helps people. I have also updated my free eBook ‘A Guide to the SEND Code of Practice’ for 2017/18 (which you can also find on the Kindle store, as well as downloading here for other mobile devices, or as a PDF). This is a comprehensive guide to the SEND Code of Practice and the new SEN framework, which came into force in September 2014 and is meant as a guide for many people, including, amongst others:
If you are one of these types of people, I strongly advise you to get hold of a copy, if you haven’t done so already. The unique thing about this Guide (unlike any other guide I still have ever come across) is that, as an eBook only, it includes internal as well as external links to all relevant legislation, regulations and guidance needed (e.g. the whole Code of Practice, Children and Families Act and the new SEND Regulations are actually included and linked so you can find them easily). Like other eBooks, it is also easily carried around on a mobile device and can be used to make highlights/notes/bookmarks. And if that were not enough… I have additionally updated our ‘SEN.fyi’ App (which is also freely available to download on the Apple App Store or Google Play Store). Not only does it include a free copy of the Guide (so that you will always have everything you want to know about SEN all in one place), it also has the same section on daily News (which I have now matched on our website), together with a copy of all of my SEN Updates (with links where relevant), as well as other features available on our website such as ‘FAQs’, (about SEN/disability/education law) etc. If you have already downloaded it to your smartphone or tablet (or for those of you who are now about to download it), you should also notice that there is now a ‘speed bump’ so the App should be quicker and more responsive. But I haven’t finished yet… Finally, I have also upgraded our Pinterest boards (which were already quite good) with even more information about SEN/disability/education. Honestly, even I now feel a bit overwhelmed by how much information about SEN that I am providing for free to so many thousands of people. It really amuses me now sometimes to hear from many different types of people, that when they were looking up information about a condition or to find out more about something to do with SEN, when they typed the search term into ‘Google’ or similar search engine, that the first website that they came up with was mine! YOU CAN NEVER BE TOO SAFE, CAN YOU? As you can see from the above and by looking at our website, making people’s lives easier is essentially what I am about but, whilst I will always try and do this generally for all people, I have a particular passion and concern for children or young people that I represent, usually through their parents. I have become increasingly aware of email/internet safety issues in recent years and have also become increasingly conscious of the potential difficulties with transferring documents to and from clients via email. Everywhere you turn these days, you now seem to get news of an organisation being ‘hacked’ or documents being accessed by people who shouldn’t have access to them. This has been especially exacerbated during the last year with a number of cybersecurity breaches making the news. Although some of my clients have told me that they are not overly concerned about us sending them (or them sending us) documents by email regarding their child, I have felt that I should still be proactive about this issue. With these concerns and knowing that we send and receive so many emails these days and that people often additionally face time difficulties trying to locate things that they need, by having to trawl through emails. Plus the increasing use of mobile devices and the fact that I know that people want to be able to quickly access things on the go, no matter where they are; I am extremely excited to announce that, (with the assistance of my friends at ‘docSAFE’) I am now implementing a security system for documents we send to our clients. You will therefore now see that at the bottom of every page on our website there is a link to the docSafe portal for both desktop and mobile (please do not worry, no-one else but our clients and us can access it) which, hopefully, solves not only the problem of not having to email documents to people, but also provides an easy place for our clients now to access (securely) everything that they need in their case. It is also all stored in one place for them at any time they need it, wherever they are, no matter what device they are on. I am quite excited about this very important development, which should help our clients. IT’S NOT WHAT YOU SAY… As I have said before, I have always tried to keep in mind the different needs of all people, so have also worked very hard to make not only all of our services, but also this website, as accessible to as many people as possible. I would, therefore, like to remind you that this website is more accessible through a service called Browsealoud which can be accessed from all devices. Browsealoud provides easy text-to-speech, accessibility and translation tools (the main one being that any part of the text on this website can be read out to you). To use the accessibility options, you just need to click on the orange speaker button at the top right hand side of every page (if you are using a computer) or at the bottom right hand corner (if you are using a mobile device). This will allow you to have our website made more accessible to you in a number of ways, such as:
As I have also said before, that is what I call real accessibility. FORTHCOMING SEN EVENTS Every year at this time at the start of the new academic year, I usually say that there is nothing for me to report about recent SEN events that I have been to. This year is just the same. But in terms of forthcoming SEN events, I want to highlight the following:
WHEN YOU NEED TO GO…
I always like to end my SEN updates with personal stories from my perspective as a disabled person using a wheelchair. This time I want to share with you the frustrations that I often feel (or other people with me usually feel even more than I do) when non-disabled people use the disabled toilet, which leaves me having to wait (this section of my update today is longer than usual). Due to the nature of my condition, I sometimes need to use the toilet fairly quickly when I am out. But sometimes it can take some time to locate a disabled toilet - it is not unknown for me to have to spend a good 15 minutes having to hunt around a building to get to one (and, on the way, having to get people to help me by opening doors or similar, or allow me through hidden passages to gain access). I even sometimes find that when I eventually get there, the ‘disabled toilet’ is actually not accessible to me at all and I struggle to get in there with my wheelchair, as it has been made so carelessly. It is even not unheard of sometimes that I have had to get out of my wheelchair and leave it outside, in order to be able to get into the toilet itself! Another example is the disabled toilet being used as a store-room or not being maintained properly. For example, one venue (for hearings that I have been to at the Royal Courts of Justice, no less), did not have a light replaced in it for many months, meaning that I have to find my way around it in the near dark (not so easy when you also have a visual impairment). It still baffles me how people can actually think that these are really accessible toilets? Disabled toilets for some years (such as at train stations) are locked and need a ‘Radar’ key to open (a universal system which means disabled people can buy one to keep, or easily obtain a key from a member of staff (to prevent misuse by other people). However, generally, disabled toilets are left open and therefore able to be used by non-disabled people, as well as disabled people. But I never used a disabled toilet when I was a non-disabled person earlier in my life (I became disabled about 13 years ago) and you would think that other non-disabled people would also not? But this is not so in my experience. They often do not say anything when they come out and are usually extremely embarrassed when they see a chap in a wheelchair waiting to use it after them, so they then try and open the door for me so that I can go in. I sometimes do not say anything, because I do not want to make them feel bad about what they have done, but I have sometimes pointed out to them politely that, whilst they can use the ‘normal’ toilets available to them, I cannot. Of course, I do not expect toilets to always be available to me, when I need to ‘go’. I am always prepared to wait my turn if another disabled person is using the toilet [please also remember that, even though that person may not look disabled physically at first glance [such as is obvious with me when I am sitting in my wheelchair], they may still have an ‘invisible disability’ which requires them to use the disabled toilet). But I am talking about situations where it is fairly obvious that a non-disabled person is using the only disabled toilet meant for disabled people, usually because they find the extra space in it bigger (which is to make it easier for people like me who use wheelchairs), or because it is generally cleaner (ironically, the worst culprits I usually come across using disabled toilets are actually the cleaners themselves!) When I do eventually locate a disabled toilet, I sometimes find that someone else is using it and, when they do, I invariably find that it is a non-disabled person, who usually works in the building (e.g. a worker in the offices [often from another floor] or another employee [e.g. I sometimes find this at my gym]). They can be quite embarrassed when they come out and see me waiting to use it and often appear quite sheepish, then look down and try and get away as quickly as possible. However, I have also found that some people can become quite defensive and try and pretend that they have done nothing wrong (although ironically, this makes it even more obvious that they know that they have been found out]). In any event, I find that, whatever happens, it can cause me further delay in me being able to use the toilet. I have also found that one of the most common forms of denial is when people convince themselves that it is alright to use a disabled/accessible toilet when they need to use a toilet. So I want to share a story with you today which happened to me a few years ago… I was at a large exhibition. When I eventually located one of the few disabled toilets (there was only one I could eventually find after quite a bit of searching), I found that someone was already in it. I therefore waited patiently, having to listen to noises emanating from the toilet from someone soon using a hand-dryer. Usually, when you hear this, the person comes out soon afterwards, but this time they didn’t and I then heard the dryer sound a few more times on and off, with the sound of a deodorant (or perfume) being sprayed. This went on for over 10 minutes more than I expected. When the door eventually opened, I saw that it was opened by a young woman who seemed to have been using the disabled toilet as her own personal bathroom to put on her make-up, get ready, or generally preen herself. She was obviously quite shocked when she came out and saw me waiting there. I have already said above, that sometimes I point out to the person that they could have used one of the [usually many other] ordinary toilets, but I can only use this one. But I have also found, over the years, that sometimes the most effective way to get my message across is actually to say nothing. So, on this occasion, although the woman tried to hold the door open for me to go in, I didn’t take her up on her offer and did not even move. I just waited for her to leave and get even more embarrassed before eventually skulking away, saying to myself that I was not going to say or do anything to try and make her feel better. A bit harsh, I know, but sometimes you need to make a point, don’t you? But as I say, when you need to go… With good wishes Douglas P.S. I always find it helpful to find out what people think about my updates, so please take a few seconds to tell me what you think by
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