Douglas Silas,
Specialist SEN Solicitor 22nd March 2021
You can see a lot when you just watch!
Seems really obvious doesn't it, but you will be surprised at how often we fail to notice what it right ahead of us and sometimes staring us in the face. And sometimes the reason we don't see things coming that we should do, is that we are usually too wrapped up in thinking our own thoughts, or spending our time telling other people what we think (whether or not they have asked us!) Another very common reason why we don't see things sometimes, is that we fail to spot patterns repeated by other people, or in repetitive situations. If we don't want to believe something, we often, subliminally, try to convince ourselves that what we are seeing is not really happening (or is not happening again). We don't see the patterns of behaviour at play. It is like we are sometimes in denial and do not want to unconsciously face up to the truth or reality. Yet, in the end we always try to comfort ourselves, by telling ourselves that, deep down, we always knew it and we should have trusted our gut instincts, or have people around us telling us (albeit with the best of intentions) that: "I told you so", which then just makes us feel even worse, or even more defensive. Again, it seems obvious, but we can often notice things if we just look at them more closely and think about them. Like someone once said (and apologies if you have heard another version of this before) - if it looks like a duck and it acts like a duck, it probably is a duck! 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.
NEW CHILDREN'S COMMISSIONER
After I said in my SEN Update at the beginning of last week that there was not a lot of news to report the week before, the past week has now made up for it with lots of news and articles! So today, although, as usual, I am going to still share a few new stories which I found of interest, in the third section of this update, I want to use the first two sections to look at some of those stories in more detail. The first bit of news I want to share with you is the appointment last week of Dame Rachel de Souza, as the new Children's Commissioner for England (I shared some departing words from her predecessor, Anne Longfield, a few weeks ago). Although widely covered in the media, I can do no better than to quote from the BBC's website article entitled: 'New children's commissioner pledges to 'rebuild' childhood', which said: 'The new children's commissioner for England wants to "rebuild childhood" after the disruption of the pandemic. Dame Rachel de Souza says the scale of the challenge is like reconstructing the social security system in the wake of World War Two. She also wants short-term measures - such as free school meals - being extended into the summer holidays, and not "dropping" Universal Credit levels. Dame Rachel says she will be "fearless" in representing children's interests. The new children's commissioner is launching what is claimed to be England's biggest survey of children - the "Big Ask" - which will gather children's views on the impact of the pandemic, and what they think are the barriers to children's ambitions 'Once in a generation' The online survey, to be sent to all schools and also children in youth custody, children's homes and mental health units, will provide information for a "once-in-a-generation" review of how children's lives might be improved. It takes its "spirit and the ambition" from William Beveridge's 1942 report, which laid the foundations for the post-war welfare state, identifying the five great challenges as "want, disease, ignorance, squalor and idleness". "Our response to the trauma of the Second World War was to create a blueprint for a social service system and a National Health Service that improved our lives. We have the chance to do the same again now for children," says the children's commissioner. Dame Rachel, who ran schools in Norfolk and Suffolk, wants a 10-year plan to emerge from her review - with the promise of tackling a political system which can "often short-change children". For more immediate challenges, on whether free school meals should run across the summer holidays, she told the BBC: "I absolutely want to see free school meals extended. "And I'm very concerned about suggestions of dropping Universal Credit. If it was dropped down again, I'd like to see services provided in its place, but I'd rather it wasn't dropped." A former teacher, head teacher and chief executive of a school academy trust, Dame Rachel promised to be an "independent voice, there to fight to protect and promote the rights of children". If government was "doing something wrong", she said, "I will be fearless in exposing that and challenging them". 840 million missed days in school The review will consider how children will recover from so much disrupted education - calculating that collectively pupils in England have lost 840 million days of in-person schooling since the start of the pandemic, representing about 19 weeks each. It will address the "social fault lines" and inequalities that have been exacerbated by the pandemic, between generations, the wealthy and the disadvantaged, by ethnicity and geography. This includes how the gulf between rich and poor and young and old has widened, with older, higher earners increasing their savings in the lockdown, while poorer families and younger people have faced job losses and increasingly fragile finances. Today's young people are the first post-war generation to be less well-off than their parents, says the report launching the children's commissioner's review. Catch-up funding "As we emerge from the Covid pandemic, this is the moment for something big, for children to recognise the sacrifices they have made," said Dame Rachel. "I have seen first-hand the effect of this crisis on young people's hopes and dreams, and sometimes our answers simply have not been good enough." Labour's Shadow Education Secretary Kate Green said: "Over the last decade the Conservatives have overseen record numbers of children being pushed into poverty, a worsening mental health crisis and an 18-month gap in learning between disadvantaged children and their peers at GCSE." A Department for Education spokeswoman said: "We know that children and families have faced unprecedented challenges during the pandemic. "We've expanded frontline charity support and provided new resources for schools and teachers to support children and young people's mental health. "Our £1.7bn investment in recovery support will help tackle the impact of any lost learning and we are investing an additional £79m to increase the number of mental health support teams working with schools and colleges."' There was also a video, which you may find of interest to watch...
A NEW WAY FOR SEN?
The second bit of news that I want to share with you is an article written for TES by Heba Al-Jayoosie, who is assistant head (Inclusion) at Mayflower Primary School in London, entitled: 'Covid has opened teachers’ eyes to SEND possibilities'. I would usually just suggest you click the link to read it if you want to, but since it is so insightful, I thought I would quote from it here fully, as follows: 'The pandemic has been hard for everyone but, for many pupils with special educational needs and disability (SEND), and their families, the past year has been particularly challenging. Many of these families already felt marginalised and the sudden shift to remote learning exacerbated difficulties for some.But there were also pupils with SEND who adapted really well to the change, with schools demonstrating creativity and flexibility in meeting their unique needs. So, what has the past year taught us about effective SEND education? And how could this help us to change provision for good? Working collaboratively with families has always been crucial and the pandemic has highlighted just how important school-home collaboration is. In trying to plan any kind of provision for pupils with SEND during lockdown, schools needed to know each individual’s strengths and challenges, as well as the context of their family. SEND support This meant answering countless questions: is school or home more conducive to learning? What about the wellbeing of the child? What can the child do independently? How can we use the parent/carer strengths? What resources are needed? These are questions that continue to matter at all times, not just in the midst of a pandemic. And the solutions that schools devised during lockdown show how we can use such questions to tailor our support. Some children had home programmes that their families were able to help deliver and many schools were able to lend resources, including gym equipment. Interventions such as reading recovery, speech and language or occupational therapy are an essential part of provision for many, and teletherapy offered a successful way of delivering some of these remotely. Those who may have struggled with sensory overload in a regular class enjoyed learning from the comfort of home. The ability to take part in class discussions using the chat function helped many to make extended contributions (much more so than they may have made in class). Many teachers also planned specific online times for social connection, and the clear rules and codes of conduct were reassuring for some SEND students, particularly in comparison with a busy playground. Asynchronous online teaching also brought benefits, enabling students to repeat lessons as needed, as well as working to flexible deadlines, giving them more control of their day. While it might not be easy to replicate all of these benefits in the future, it certainly shows what can be achieved if we take a more flexible approach. Perhaps, for instance, a blended model combining in- and out-of- school learning will really become a feasible option for some pupils. The pandemic has forced us to rethink how we do things for pupils with SEND – and has given us fresh insight into what matters most for these pupils and their families. We’ve seen benefits and disadvantages, but there can be no denying that it has opened our eyes to what is possible. I hope that the biggest takeaway from this past year is that we can be more flexible than we used to be. As much as we all want things to return to normal, I’m hopeful that “normal” can become something better than it was before.'
LATEST NEWS ONLINE
In terms of other news articles, here are the others I found of interest: - School attendance back at high levels in England - Schools Covid catch-up programme 'not reaching disadvantaged pupils' - Teachers face 'epidemic of demotivated children' - Families facing special education needs 'postcode lottery' - Pupils in England less likely to get special needs support in poorer areas
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 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 15th March 2021
Too often, I find that we wish for something, but when our fantasy becomes reality and we eventually get it, it then actually does not make us as happy as we thought it would.
In fact, sometimes when we get something that we previously wished for, it can actually make us unhappier than we were before (as our expectations have then been boosted unrealistically, so we then have farther then to come down)! We regularly let ourselves drift into fantasies in our minds, imagining that doing this or that, or getting this or that, will somehow magically take us away from our everyday realities. I am all for visualisation of success, but am always very clear to always point out to anyone who asks me that visualisation alone is not sufficient and you always need to also put in good old fashioned hard work behind the scenes constantly (and often for many months and years) perfecting a skill privately, before the rest of the world sees you succeed publicly; and even then you need to again concentrate on the next thing to achieve. Like I heard someone say once, everybody wants to succeed, but not everybody (often very few people in reality) are prepared to do what it takes to succeed! Unfortunately, our society seems to be fixated on so many things that aren't real - whether it is an everyday fear of missing out (FOMO), just because we think that other people are doing better than us in life (which is usually not the case in reality, as they are usually just good at giving others that impression, by hiding away their difficulties), or because we try to believe what we see on-screen or in the movies, where everything always seems to work out for the best in the end. But that is just fantasy, not reality. So, whilst I always encourage people to pursue their dreams, I need to warn you to also recognise when those dreams are just fantasy and will leave you ultimately disappointed. But please do not think that I am trying to burst anyone's bubble. The greatest achievements that have been made over many years and centuries have been by people who have usually been told by others that they cannot do this or that, but have ignored them, worked hard and usually failed many times, but have never given up. As I also heard someone say once, remember the person who gave up? No, no-one else does either! 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.
PART-TIME TIMETABLES
It's been bit of a slow week this week on the internet, with most people now focused on schools and colleges going back and so many parents and professionals trying to try and get back to some semblance of reality. As one of my friends also said to me, at this time last year, we were heading into our last week before the first 'lockdown'. Who could have known that the world could change so much? Anyway, rather than bombarding you with Government guidance again this week, I want to share with you a very good (previous) factsheet that I found, which is still quite relevant, that has been shared by the IASS (Information. Advice and Support Service network), entitled: ''Part-time timetables', which they described/tweeted as follows: "Here’s a factsheet about part-time timetables. It includes information relating to school attendance, reasons for giving a part-time timetable and examples of case law: http://bit.ly/PTFactsheet" I hope this is helpful.
SEN MAGAZINE
This week I also want to highlight for you the good work that is done (and has been done for many years) by SEN magazine and direct you to their website: senmagazine.co.uk where you will find lots of interesting news, articles and information about SEN issues. Whilst you are there, you can also download a free trial of their magazine and sign up to their monthly SENExtra newsletter.
LATEST NEWS ONLINE
As I say, it's been bit of a slow week this week, so I've only found a few news articles of interest: First day back at school has 'gone well', say heads Me and my neurodiverse family: ‘It’s chaotic, frenetic and hilarious’ Allow school trips in summer term, UK outdoor education centres say
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 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 always many educational/news items 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 you think 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 15th February 2021
They say that weeks go by quickly when you are busy (or enjoying yourself), but they go by slowly when you are not busy (or not enjoying yourself).
Actually, I have found that often, in reality, we are usually unrealistic about how long it actually takes us to do something, so we are then often chasing our tails trying to complete everything that we need to do, when we just have not given ourselves enough time in the first place to do everything! And these all end up compounding each other, so that at the end of the day or week, we are just exhausted and feel under-productive, as we focus on the things we haven't done, rather than the things that we have done. So, when you think you can do something in an hour, try and give yourself two hours to do it in your diary. If you then do it in an hour, you will still have another hour to spare to do other things; but if it takes you longer than an hour, you still have time left to do it. Simple isn't it? Go on, try it - you will be surprised at how less hurried and stressed you may feel...
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.
Feel free to skip this bit if none of it is of interest to you.
On Friday afternoon (why do they always leave their emails until Friday afternoons), I received the latest email from the SEND Division at the Department for Education (DfE), this week entitled: 'a) SEND funding 2021-22; b) HNFF Consultation; c) Supported Internships Access to Work funding', which said: "Dear colleagues, We would like to signpost the following items:
Special Educational Needs and Disability Division" I won't say anything else, as if any of this interests you, you can click the relevant link/s and read things for yourself; and if you are not interested, you won't!
This week I want to draw your attention to theIASS (Information, Advice and Support Services) Network.
I can do no better than to quote from their website, which says: "We are the Information, Advice and Support Services Network (IASSN)As part of the Children and Families Act 2014 it is a legal requirement that all local authorities ensure children and young people with Special Educational Needs and Disabilities (SEND) & their parents have access to an impartial Information, Advice and Support (IAS) service. The IASSN are funded by the Department for Education (DfE) to support this. We do this by:
We do not provide direct advice or support to children, young people and parents. However, we can help you find your local IAS Service or you can have look at our resources section for other sources of support. The IASS Network is based within the Council for Disabled Children in the National Children's Bureau. Please note that CDC, NCB, the IASSN and all SENDIAS services, have been, like everyone, affected by the Coronavirus outbreak. Due to the wide ranging impact of this pandemic, CDC have developed a webpage dedicated to support, information and guidance regarding Coronavirus. This can be accessed here: https://councilfordisabledchildren.org.uk/news-opinion/news/covid-19-support-and-guidance" You may also find it useful to subscribe to their newsletter, which contains news, resources and events relating to SEND. which you can do here.
In terms of news, here's a few things I found of interest:
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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Douglas Silas,
Specialist SEN Solicitor 8th February 2021
This week I am going to try to go a bit lighter and not give you as much to read if possible, so you don't let yourself get distracted.
Unfortunately, these days, just as we read and delete one email or social media account, another three or more enter our inbox or feed! In fact, we seem these days to be constantly bombarded by notifications, social media posts or news (whether that be on the TV/the radio, in print or online), all competing to distract us as best they can from what we are doing. So we need to take back control of our life and not let other things control us. For me, I have switched off notifications, use an email filtering service (its called 'Sanebox' if you are interested) and now only read, listen to or catch up with the news at the weekend (I have found that if something is important, it will somehow filter up to me through other people, or it will have by then resolved itself!) Ultimately, the trick is not to let yourself get distracted or become too emotionally attached to things. So feel free to only quickly scan this email and, if there is not something of interest to you, just delete it (yes, I said that, you have my permission!) If you really think that it may be relevant to you or others, then either deal with it immediately, or put it into a 'news' or 'later' folder to look at later when you have time. But the most important thing though is to get it out of your inbox/feed and get on with your life - you have more important things to do. And don't worry, I will write another update next week!
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 point you to this week is a free online book library that is available, which I found through a news article a few weeks ago on the BBC's website, entitled: 'Virtual library gives children in England free book access' , which stated:
'Children in England will be able to access books online free during school closures via a virtual library. Internet classroom Oak National Academy created the library after schools moved to remote learning for the majority of pupils until February half-term. Formed with The National Literacy Trust, the library will provide a book a week from its author of the week. The aim is to increase young readers' access to e-books and audiobooks, particularly the most disadvantaged. Oak National Academy is funded by the Department for Education....'
There are also a number of good resources out there, such as from Contact, including:
- Their 'Listening Ear' service which provides free 1-1 support for parents via telephone appointment. Their advisers can help with emotional support, strategies for reducing your child's anxiety & challenging behaviour and much more. Book here: https://bit.ly/3gd2aYH - 'The helpful podcast for families with disabled children' (search for this in your podcast app), which they say covers disability benefits, special education, health and diagnosis, and accessing social care and is another way for you to access their invaluable and trusted information. - Their 'Education and Learning' information pages, which you can find here
There were again lots of thought-provoking new articles this week in the media - here's a few if you are interested:
Over a million pupils in England's schools as demand rises Coronavirus doctor's diary: We're getting self-harming 10-year-olds in A&E 'I'm stressed. I shout. Can I do better?': experts advise on pandemic parenting Covid: The devastating toll of the pandemic on children (only brought to my attention this week)
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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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: ppe.dedicated.supply.channel@notifications.service.gov.uk. 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 cdcquestions@ncb.org.uk. 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.
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by Douglas Silas, specialist SEN solicitor Here is my update for this week.
In the past few weeks, I have been trying to signpost people to as many resources as possible to help them get through the current Coronavirus lockdown. But in this update, I want to talk to you about some of the things that people are talking about more now than they used to, as well as give you some more links to useful resources/information. I hope that this helps people. 1. What has happened this week? Firstly, I want to talk about the subject which most people involved with children and young people (with or without SEN) are talking about – when will schools reopen... In an article entitled: ‘Coronavirus: Heads say 1 June earliest realistic school opening’, the BBC said: ‘The earliest "realistic" point at which schools in England could start re-opening would be 1 June, head teachers' leader Geoff Barton has said. "We cannot see any realistic way that schools could be re-opened to more pupils before the second half of the summer term," said the ASCL leader. And "planning would need to begin very soon" in order to meet a 1 June target. Schools closed their doors to all except vulnerable children and those of key workers over a month ago. At the weekend, Education Secretary Gavin Williamson said no date was set for returning to school, quashing speculation about an imminent return. The education secretary said if and when five thresholds in the fight against coronavirus were reached, a date could be set for schools to reopen: - the NHS's ability to cope is fully protected - the daily death rate is dropping - infection rates are falling to manageable levels - there are sufficient supplies of testing and protective equipment - there is no risk of a "second peak" of infections It's a safety-first approach, with school leaders backing the reliance on medical advice. Once those requirements have been met, a date could be set for schools to re-open. But it would not be immediate, with schools expecting a further "lead in" time, possibly of weeks, to prepare for a complicated, staged return that allows them to maintain social distancing. Parents would also have to be persuaded it was safe. With such a time frame, starting this half term becomes very unlikely. If opening after half term, it would mean somewhere in the seven weeks between 1 June and the term ending in mid-July. But doubt has been cast on whether social distancing can really be feasible in schools. Katharine Birbalsingh, head of Michaela Community School, in Brent, north London, criticised the "pretence" social distancing might work in schools, with narrow corridors, small classrooms and lots of interactions, particularly between younger children. "Social distancing in schools is simply impossible," she said. "We're considered to be the strictest school in Britain and even we would find it impossible." And there are other questions around safety: - Would children with family members vulnerable because of health conditions return to school? - How many vulnerable staff would need to be shielded? - What protective equipment might be needed for teachers? Earlier this week, a petition from NHS nurse Iain Wilson warned against any early push to re-open schools. "Do not make us the global guinea pigs," he said. "It is self-evidently unwise to force hundreds of people into small rooms in small buildings during a pandemic." If schools are to maintain social distancing, they could not run at full capacity, meaning a phased return, such as starting with a few year groups or pupils rotating between studying at home and school. Mr Barton, general secretary of the Association of School and College Leaders, said it could mean staggering break times and putting a limit on class sizes. Robert Halfon, who chairs the Education Select Committee, said primary schools should be the first back. This would help parents and stop disadvantaged youngsters falling behind at an early stage, the MP said. But Mr Barton said the priority should be Years 10 and 12, who are part-way through GCSEs and A-levels, and Year 6, where children are about to move to secondary school. And Jules White, head of Tanbridge House School, in West Sussex, asked what plans there would be for next summer's exams when so much study time has been lost. Star academy trust chief executive Hamid Patel, meanwhile, said it should be up to each school to decide the order in which its pupils return. There is also a possibility that some pupils will not go back at all this term - or at least for anything like a regular timetable. "We want to be back as soon as it's safe," said National Education Union joint head Kevin Courtney. "But there's a chance that there will be no full re-opening before the end of term. "There's a responsibility to think about what that will mean for children's education." But school leaders have repeatedly talked about the importance of getting pupils back before the school year finishes. And in the meantime, other countries might provide evidence of how a return might work. In France, primary-school pupils will start to go back, in classes of no more than 15, from 11 May. And in the Netherlands, they will go back, on a part-time basis, on the same date, with secondary pupils returning from 1 June. "What is crucial is that schools are able to re-open in a manner which inspires confidence among staff, pupils and parents - and that it is as safe as possible," said Mr Barton.’ --- In a similar article on the Guardian’s website entitled: ‘Older pupils ‘should be first’ when England’s schools reopen’, it said: ‘Headteachers say priority should go to students preparing to sit exams A headteachers’ union is calling for older pupils to return to school first as part of a phased approach to reopening schools in England, amid warnings that students preparing for exams may need to repeat the whole year because of the impact of lost learning. The Association of School and College Leaders (ASCL) said the pupils who have most to gain from getting back to school are those in years 10 and 12 who are in the middle of GCSE and A-level courses, and those in the final year of primary, preparing to move to secondary. The approach contrasts with Denmark, which became the first country in Europe to reopen its schools last week, when under-12s were the first to return. Younger children are less able to study on their own and having them back in school allows parents to return to work. Speculation surrounding when and how schools in England will safely reopen has become increasingly fraught as the lockdown has persisted, with sharp disagreement among ministers and divergent views among teaching unions. ... Pressure to reopen is mounting amid growing concern, particularly for disadvantaged students who will be hardest hit. The former head of Ofsted Sir Michael Wilshaw, speaking on BBC Radio 4’s World at One, warned that some pupils preparing for exams might have lost out so much that they would have to repeat the whole year. Other teaching unions, which are worried about schools having to reopen prematurely because of fears over the economic impact of parents having children at home, have denounced speculation about return dates and focused purely on the public health risks to pupils, school workers and the wider community. The NASUWT wrote to the education secretary, Gavin Williamson, this week setting out five conditions for reopening, including access to personal protective equipment where required, ranging from soap to gloves, aprons and in some cases face masks, as well as guarantees on adequate staffing and physical distancing advice. The NASUWT general secretary, Patrick Roach, also warned that teachers should not be expected to clean. “The NASUWT would not expect teachers to be asked to undertake cleaning tasks or to be expected to undertake them to the necessary standards to protect the health of pupils and the workforce.” The National Education Union, which is the biggest with 450,000 members, has insisted the science should decide when schools reopen. Its petition to delay reopening until safe to do so has gained more than 160,000 signatures. Paul Whiteman, the general secretary of the school leaders’ union NAHT, said: “Schools should only reopen when the scientific evidence is clear that it is safe to do so. Safe for pupils, safe for staff, safe for parents.”’ --- Focusing more on SEN, the BBC website also published an article entitled: ‘Tiny fraction of 'at risk' children attending schools’, which said: ‘Only a tiny fraction of vulnerable children in England are taking up the emergency school places kept open for them, official figures show. This has prompted concerns "at risk" children are facing increased danger in the lockdown, while schools and teachers struggle to get hold of them. New data shows only a maximum of 5% of the most needy children have been at school during the Coronavirus crisis. The Children's Commissioner says social workers should be "knocking on doors". The Department for Education data shows just 29,000 so-called vulnerable children attended school in the week before the Easter holidays. This includes a group of children with greater levels of special educational needs - but many of this larger group may be staying at home with their families for a range of legitimate reasons. However, more than 723,000 children were known to children's social care services in 2019. The figures were described as "utterly shocking" by the Liberal Democrats. But children's minister Vicky Ford said children who were not in school were being monitored by social workers and supported in other ways. 'Substance abuse' Anne Longfield England's Children's Commissioner told the BBC: "What we now know is, what we've been hearing over the last few weeks, that the vast majority of vulnerable children in this country are not attending, despite the fact that schools are open. "What that means is that they are at home, potentially with a cocktail of risks. "They may be in homes with quite fragile environments, potentially domestic violence in the home - which we know is increasing, parents with drug and alcohol addictions or indeed severe mental health conditions. "So often these children are quite invisible at home and not in the place which is best at keeping them safe - school." Ms Longfield said referrals to social services had dropped by half, and she expressed concerns that bored, vulnerable teenagers could be leaving their homes and getting into situations where they would be exploited and groomed by criminals. She called for a clearer message from government, adding that "social workers need to be knocking on doors and everyone needs to be working tirelessly to get these vulnerable children into schools".' … --- There was also an article on the BBC’s website entitled: 'Digital poverty' in schools where few have laptops’, which said: "In our schools, 60% to 70% of children wouldn't have laptops," says Wayne Norrie, head of an academy trust with schools in disadvantaged areas. With schools closed and pupils studying online at home, he says, it is important to recognise the social gap in access to technology. "Coronavirus has revealed the scale of the digital divide," he says. The Department for Education in England has promised laptops will be lent to some poorer teenagers. These will be available to disadvantaged Year 10 pupils without access to a computer, and those with social workers. The scheme, announced last Sunday, for an unspecified number of laptops, is expected to soon start taking bids from local authorities and academy trusts. Mr Norrie, chief executive of Greenwood Academies Trust, with 37 schools in the Midlands and east of England, says many families rely on a single mobile phone for an internet connection, which is "not realistic" for online learning and streaming video lessons. "Many don't have broadband contracts," he says. For instance, he describes a family in Skegness who have a mobile phone shared between parents and three children. The schools have been providing laptops and some families have their own tablet computers - but there are still barriers in terms of parents' IT skills and children having space to study. "Digital poverty" is a significant problem, says Matt Morden, co-head teacher of Surrey Square primary school, in south London. In his school, 24% of pupils are effectively offline, in terms of being able to study from home. Their families might have mobile phones with internet connections - but for those in low-paid, insecure jobs, data is expensive. "If families are struggling, the priority is going to be food, not data," he says. As well as missing out on learning, those without online connections miss "the sense of belonging" from staying in touch with their friends and teachers, Mr Morden says. The lockdown and the closure of schools has "brought the digital divide to the forefront", he says. There has been a new virtual academy launched and the BBC has provided educational resources - but those without internet access or usable computer devices are being left behind. Mr Morden's school has been lending laptops - but for families with several school-age children, one might not be enough. Seb Chapleau, director of the Big Education Conversation charity, says it is "important to understand that this is a deep problem across many schools". Chris Tomlinson, who chairs the trust, says online lessons are "no good if the children don't have the necessary hardware to access the internet". The AET academy trust is providing 9,000 laptops for its 58 schools, one for all pupils on free school meals. The current lockdown has turned technology into an educational necessity rather than a luxury, said the trust's chief executive, Julian Drinkall. Robert Halfon, chair of the education select committee, says too often there are assumptions about access to broadband and up-to-date computers. As an MP, he says he deals with constituents who have to weigh up the cost of data before sending emails or getting information online. He suggests educational programmes could be put on free-to-air television to reach those not online.’ --- But it was not all bad news, as The Guardian also ran a piece entitled: ‘Covid lockdown opening up world for people with disabilities’, which said: ‘While the coronavirus pandemic has led to unprecedented restrictions for billions of people, for many with disabilities, the lockdown has paradoxically opened up the world. As society embraces “virtual” living, disabled people – who for years have missed out due to poor access – are suddenly finding themselves able to take part in work, culture, or socialising from their own home. Nicola Welsh, 43, has always loved going to museums but a painful nerve condition means she’s been housebound for 17 years. As cultural institutions including the National Theatre and the Royal Opera House go online, she’s been able to tour the world visiting museums. “I ‘went’ to the Watts Gallery [in Surrey] and then the Louvre. The Rijks [museum in Amsterdam] had a walkthrough on their Instagram account,” she said. The experience has been profoundly moving. “Having the opportunity to visit virtually has given me back something that I’d resigned myself to not being able to do within my limitations. I hadn’t realised how much I had missed it.” … Even healthcare has opened up; disabled people who have long campaigned to see their doctors virtually, report they are now being offered Skype time with consultants. As well as joy at being offered new opportunities, many feel frustrated that it took the non-disabled world to become house-bound before access was granted. Emma Duke, 21, who has Pots syndrome – which results in an abnormally increased heart rate after sitting up or standing – and neurological problems, has been trying to get remote access to film classes for her degree for the last three years in Los Angeles. She was frequently refused – “I was told it wasn’t ‘feasible’” – but the coronavirus pandemic means her entire university is now online. “I am so torn between being so grateful that I can get my education and […] feeling a bit betrayed that it was possible the whole time,” she said. Rather than “more” opportunities opening up, 30-year-old Tom Staniford in Exeter describes the phenomenon as a levelling of the playing field. “I find it infuriating to see people moaning about reduced mobility, challenges of remote working, fear of illness risk, long periods of isolation – all things many disabled people already endure on a daily basis,” said Staniford, who has the rare MDP syndrome, which leaves him with physical and auditory disabilities. He thinks the lockdown could open up the chance for permanent accessibility. “But my overriding suspicion is it will be a massive missed opportunity.” Turner is more hopeful. “I feel like people are finally understanding the physical barriers disabled people face,” she said. “I’m actually really optimistic good will come out of this.”’ --- But I also need to turn your attention here back to children and young people with SEN, who are considered more ‘vulnerable’ at this time and refer here to an article on the NCB’s (National Children's Bureau’s) website entitled: ‘Coronavirus spotlight: vulnerable children’, which said: ‘For some children, circumstances at home or in their community mean they face greater risks than others. Some, but not all, of these children will be supported by a social worker. The coronavirus crisis is likely to elevate the risks to these children, and services may be less able to respond to their needs. School closures and vulnerable children The closure of schools for most children, while necessary to halt rates of infection, is one reason why some children will be at greater risk. Schools act as crucial sources of safety and support, and act as warning systems for all children, especially those at risk. At a basic level, schools often provide some children with their only hot meals of the day, but they also provide counselling, or just a place where they can feel safe and settled. Schools also act to alert other professionals when things go wrong. The emergency measures put in place by the Government mean many children are not in school, and they no longer benefit from this scaffolding. But even for those children who are able to remain in school, it is not clear that the structures that help them will remain – with significant staffing shortages, and classes of different ages and levels grouped together, the environment will be significantly different.' ... --- Another article on the BBC’s website entitled: ‘The parents in lockdown with violent children’ said: ‘For some parents, being at home with their children means facing threats, abuse and violent outbursts. How can they cope in the isolation of lockdown? Julie found out you could buy large knives on the internet when she witnessed her son brandishing one and slashing the furniture at home. In the past couple of months, she says she has had to call the police twice to their home, most recently as she was barricaded in the bathroom while her son - a young adult - tried to break down the door with a knife. Now the family are living in lockdown together, struggling with isolation, a loss of their support network and a claustrophobic atmosphere that Julie describes as a "tinderbox". She says she believes her son when he told police that he never meant to hurt her, that he just wanted her to know how angry he was. But incidents of intimidation happen two or three times a week, she says. Liam suffered trauma as a child and has learning difficulties which affect memory, emotional regulation and social skills. The family manage his aggressive outbursts with the help of a list of friends and supporters who come round at a moment's notice to help defuse tensions. But these coping techniques are threatened by the social distancing rules. Her husband has to work outside the home, so Julie says if she cannot call on these supporters, "I am very much on my own". It's not known precisely how many parents live with violence from their children. Figures compiled by the BBC last year suggest the number of incidents recorded by police doubled to 14,133 between 2015 and 2018 - but many may go unreported. 'Like living with nitroglycerine' Helen Bonnick, a former social worker and campaigner on the issue, says that international evidence suggests about one in 10 parents may experience some violence from their children, although severe incidents are more rare. Some aggressive children have problems dealing with their emotions, she says, but others are "much more manipulative and controlling, in a way that feels more like adult violence". Lockdown raises the stakes for these families, reinforcing their isolation and underlining the message to parents from violent children "that they can't go out, that they're stuck in here with them, that they can do what they want and no one will know," says Ms Bonnick. "Parents who have experienced intimate partner violence and then child-to-parent violence will often say this feels worse - because it's your own flesh and blood," she says. Neil, who lives in the east of England, says the aggression from his son, Ben, was just "cute" aged four and became worrying when he was eight. Now he is living with a teenager and "suddenly it's quite dangerous" - with Ben increasingly reaching for knives or bottles. Ben is autistic and has moderate learning difficulties as well as ADHD. The disruption to his routine caused by the coronavirus outbreak has sent his stress levels soaring and made angry outbursts more likely, his father says. "He's that much closer to boiling over constantly. It really doesn't take much for him to turn around and explode. It's like living with a bucket of nitroglycerine sometimes," says Neil. A key coping strategy before the lockdown was taking Ben for long drives, which he found calming. Now even that has become loaded with anxiety, as they fear being stopped by the police for making an unnecessary journey. "Life was hard already and Covid is making it harder," Neil says. Peter Jakob, a clinical psychologist who helps people facing this issue, says the isolation and shame that parents already feel is a major challenge in tackling violence from their children. But he says it can still be addressed, even in lockdown. Dr Jakob encourages parents to have a network of supporters who can launch what he calls a "campaign of concern" - where after an incident, a number of people contact the child using messaging or video-chatting apps like WhatsApp or FaceTime. "Most children don't want others in the community to know that they act in violent, aggressive or otherwise destructive ways," he says. If they can no longer "silence their parents" from telling others about their behaviour, they often feel forced to change, he says.' ... 2. What does this all mean? It is now very clear that the Coronavirus lockdown is affecting different sections of people in society in different ways. But it is also important for everyone to remember that we're all in this together and that we need to do as much as we can to support others, particularly parents of and children and young people with SEN, as well as those schools catering for them. 3. Where can I find further information? 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 This week, I also came across other useful information which you can find here: - The BBC’s Parents' Toolkit: SEND - Contact’s guide for families with disabled children and their helpful podcast for families with disabled children - The CDC (Council for Disabled Children) Guidance and Advice on Coronavirus: Learning Disability and Autism Focus - Scope’s Navigate: emotional support for parents 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
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. Welcome back again after the summer break. I hope you have managed to recharge your batteries back up and have also now had enough time to settle back into another school year - I bet the holidays now seem like a long time ago to you! In this, my first SEN Update for the academic year 2019-20, 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, 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. YOU DON'T KNOW WHAT YOU DON'T KNOW (MY RESOURCES) At this time of year I like to refresh the SEN information that I provide to people on my website. Well, this year is no different, but this year I have tried to simplify things more by making everything easier to see and access. One of the things that I have noticed over the years is that so many people ask me for information that I already have freely on our website. I have found that both parents and professionals, both those who are new to SEN, or those who are experienced with SEN, find something on it that they didn’t know they didn’t know.
(Please note that it is sometimes easier for people to find out about these things by subscribing to my 10-part email course called: ‘A Guide To SEN’).
I tried a few years ago to put a lot of this information into an App called SEN.fyi, which people could carry around on their phones; but, although I was pleased that so many people downloaded and used the App, I have since increasingly wanted to try to simplify things further if possible. So, during the past year, I have gradually retired our App and, over the summer, have instead put all the information on it and more as links all in one place now on the home page of our website. Now it can be seen and accessed quickly and easily, so people do not have to search for things. But rather than me trying to tell you what I have done, it is probably easier for you to just see it for yourself by clicking here: www.SpecialEducationalNeeds.co.uk Remember, you don’t know what you don’t know… IT’S NOT JUST ME THOUGH... (OTHER PEOPLE’S RESOURCES) It’s not just me though that is trying to help people understand SEN - there are a number of other resources out there that can help people. Often, a good start (not just for parents) is the training guides at IPSEA’s website: www.ipsea.org.uk, which includes access to online training, face-to-face training, bespoke training and webinars. You may also be helped by IPSEA’s helpful guides about SEN. Then there is the CDC’s (Council for Disabled Children’s) website at https://councilfordisabledchildren.org.uk, which also contains or refers people to a lot of useful information (including, recently, a link to a good explanation of how high needs funding currently works in local authorities, which is on the TES website). Finally, there is SEN Magazine, whose website is at https://senmagazine.co.uk who also put out a bi-monthly publication, which has started coming out in the past few months as a digital version that you can read on your eBook reader or tablet. Remember though that you can find all of these things and more by going regularly to the SEN News section of my website, which is updated daily. FORTHCOMING SEN EVENTS This section of my Update is usually shorter when we start a new school/college year, because there is often not too much for me to talk about that is coming up yet. That being said, the things that I would draw your attention to are the following:
Also, before you ask, the Annual SEN Conference that I stage with IPSEA and Matrix is going to be held next year on Tuesday 3rd March 2020 (again in London). So make sure that you put the date in your diary now if you want to come, because I know the tickets last year went quite quickly and it was sold out beforehand. I will provide more details as soon as I can. I DIDN'T SEE YOU THERE!
When you are a wheelchair-user like me, you are usually sitting down and so are then roughly half the height of somebody who is standing up (unless you are a child, who is usually still on my eye level). People therefore often fail to see me until the very last minute, because I am below their field of vision. This often ends up in quite a few near misses, either when they are walking towards me, or even when I am crossing the road. I can’t tell you the number of times that I have been nearly hit by cars, even when I am using a zebra crossing. It is usually the same thing, either one car stops for me to let me go, but other cars behind them or coming the other way just keep going, or cars drive over my path when I am crossing, because they just don't see me. We often only avoid a collision because I stop or take evasive action as quickly as possible, or they slam on their brakes when they see me, sometimes screeching to a halt just inches away from me - it is really terrifying. Yet on some occasions, people in cars who have just narrowly missed hitting me, just carry on driving without a care in the world, not realising that they have only very narrowly avoided what could have been a fatal accident for me, which they would be held totally responsible for and could mean them being convicted of manslaughter by dangerous driving and being imprisoned. It really doesn’t bear thinking about, as so many lives (including those of our respective families) could end up being changed so dramatically in a fraction of a second. But probably the best example I can give you is the one which happens to me nearly everyday, where I am quietly travelling on the pavement and approaching people coming the other way, who are so engrossed in looking down at their phones, that they do not see me coming towards them. I also cannot tell you the number of times that I've had near misses with people like this, with them not seeing me in front of them. I have to be so careful not to collide with them, but they still almost crash into me even when I have slowed down considerably and am sometimes even stationary, when they suddenly look up a bit startled and find me sitting there just in front of them. I suppose you could say that they are just in their own little world! 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 'Autumn Term 2019-20 'SEN Update – Your Thoughts’. There are just 3 quick questions. Firstly, let me wish you all a belated Happy New Year - I hope you have a good and peaceful 2019. This is my first Update of the new chronological year 2019, but it is also important for me to point out that we are now over 1 term of 3 into the new academic year 2018/19. 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, by 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). HAVEN’T WE BEEN HERE BEFORE? (SEN ISSUES) As I mentioned in my previous Update, the Westminster Education Forum held its annual conference about SEND on 6 December 2018 entitled: ‘The Next Steps for SEND Policy – High Needs Funding, Local SEND Service Provision and Improving Outcomes’.This is almost an annual event these days in the Autumn term. Although I was unable to attend it personally for work-related reasons, I did manage to obtain a transcript of the event afterwards, which has made for interesting reading, so I want to share some things discussed there with you here. There was firstly a presentation from Dr Adam Boddison, the Chief Executive of nasen, entitled: ‘Where Next for SENDPolicy in England?’. In his presentation, Adam talked about some mainstream schools being SEN ‘magnets’, as they are an inclusive school that seems to attract many children with SEN. This is both because parents wanting their child with SEND to go to that school as it is more welcoming (or more happy about their implementation of SEN support), or because other mainstream schools tend to refer to children with SEN to them. But he then also spoke about the fact that a number of these other schools also do this because they realise that if they don’t do it, they may be penalised in some way. Adam also said that, whilst the principles of the new SEND Code of Practice were quite good, in identifying and meeting all the needs, it had tried to be implemented at the time of limited budgets, schools turning into academies and changes to school assessments, so that it has probably been overshadowed. One other thing that got me thinking was when Adam made reference to Ofsted and the fact that he did not think that mainstream schools should be rated as ‘Outstanding’, if they were not inclusive. In fact, he pointed to one school now graded as ‘Outstanding’ by Ofsted, even though it had not had a SENCO in place for 5 years! Overall, he felt that, at the moment, schools are judged on a very narrow set of academic outcomes and he felt this needed to be broader. He also pointed out the fact that ‘progress’ should not merely look at academic attainment, as children with SEN may not be able to make the same academic progress as others, but the progress they were making was still very important and should be recognised. All in all, I felt that Adam’s presentation neatly set up the Conference and the other speakers who were there. There were further presentations from a member of the Parliamentary Education Select Committee, who are currently conducting an Inquiry into SEN, a presentation about joint Ofsted/CQC local area inspections and one about creating effective EHC Plans for young people with SEND (from the user’s perspective). There were also a couple of panel discussions. Most people seemed to be highlighting problems with the SEN system. However, the end of the conference had a presentation from the well-known and respected Brian Lamb, who chaired The Lamb Inquiry in 2009 looking into parental confidence in the SEN system and who is the current chair for ‘Achievement for All’. Brian’s presentation was entitled: ‘Priorities for the development of SEND provision in England’ and he started by saying that, as he had been was listening to the other speakers talk about the problems with the current system, that he had been taken back to 2005/2006 and the Education Select Committee’s Inquiry where they found that parents were really unhappy and that the SEN system was not working, because there were too many exclusions, too many Tribunals etc. Brian pointed out that, although there were still many problems, we seemed to be only focussing on the difficulties and not recognising that there had been some improvements and felt that any parents would now not want to go back to the old system. However, he did recognise that there was still a lot of work to do and that there were still a lot of Local Authorities (LAs) and schools still not doing things right. Brian said (as he had done in the Lamb Inquiry) that although we should recognise that the current SEND Code of Practice would benefit from being rewritten, we would not benefit from more legislation, as it was not about changing the law, as much as it was about holding people more accountable in law. He said that we still needed to change the culture of the system to achieve better outcomes and that compliance won’t change people’s hearts and often parents will choose for their child to go to a school that was welcoming than one that was not. He repeated many times the need for us to ‘tweak’ the system rather than change it wholeheartedly and thought we could amend some things quickly like:
As the end of his presentation, Brian also spoke a lot about the SEN funding system and how this had fallen over many years, whilst trying to implement a new system, particularly for the post-16 section. So, although I was unable to attend the Conference personally, I benefitted greatly from reading the presentations afterwards and I hope this helps you in the same way. YOU DON’T KNOW WHAT YOU DON’T KNOW (10-PART EMAIL COURSE ON SEN) Over the years, as I have become more and more experienced in SEN issues and the law, I have been a bit taken taken aback to find how so many people who are personally or professionally involved in this area, need to know more about the SEN system, This even applies to those people who I feel should know about things because they are working in this area, but seem to be under a misapprehension of what the law actually says. Although, I have always endeavoured to provide as much information as I can on my website, I have recently decided to put together a 10-part email course that anyone can sign up to receive, entitled: ‘A Guide to SEN’, which I have written in as straightforward a way as I can. I have deliberately written it as a 10-part email course and dealt with different things in different parts and allowed people time out to sign up to receive it on a daily, weekly or an every 3-day basis, as I know that people have different requirements. At the end of each part I have also included links to further articles that may be of interest on other SEN topics As always, I hope that this helps as many people as possible. In fact, the email course went up on my website a few weeks ago and many people who have visited my website in the past few weeks may have already seen this and signed up to it (according to the data/stats I have received), even though I have not formally launched it until now. This has been very gratifying for me to learn, as it shows there is a real need out there. So, even if you think you know all you need to know about SEN, please subscribe if you can – you may find out something that you didn’t know before! FORTHCOMING SEN EVENTS Those of you who have signed up to receive information from me by email or on social media, will have already seen that, by request from a few people, we have extended the date for the early bird discount to today for the SEN Law Conference that is taking place this year on the 5 March 2019, which I am co-hosting with IPSEA and Matrix Chambers. As I understand it, about 200 people have already signed up to come to the conference and there are only limited places left, although we have moved venue this year to accommodate more people So I encourage you to book a place if you can now, before it is too late. If you want to seize on the extended early bird rate for a discount, then I’m afraid that you only have until the end of today to get it, if you book and pay for your place. You can do this at: www.senlawconference.co.uk. In the meantime, the other forthcoming SEN events that I think might be worth going to are:-
“CAN YOU HELP ME PLEASE?”
As a result of my progressive physical disability and visual problems, I stopped driving a car many years ago. Now, although my office is only a few minutes’ drive away from my home, I have an arrangement with a local cab company, to sometimes pick me up and drop me, either from home to the office, or from office to home, on a door to door basis. As I am still able to walk a few steps, with the assistance of somebody beside me (or rather me hanging onto them for dear life!), I can do this usually, without having to use my wheelchair. Although the cab company has a note on my account to say that I am physically disabled and can’t walk very much, so will need assistance, which they pass on to the drivers coming to collect me (many of whom already know me), this information does not always filter down and so I need to remind them on each call when I book, to make sure that they tell the driver about my difficulties and to park as close as possible to the door, so that I only have a little way to negotiate. I sometimes have to work late in the office and, this time, as my wife, Erica, was out and couldn’t get me, I rang for a cab, which they said would be about 5-10 minutes. As usual, I reminded them to tell the driver that I was disabled and to park as close as possible to my office. I was therefore pleasantly surprised when, after only after a couple of minutes, I received a call from the cab driver on my mobile phone to say that he had already arrived. On this occasion, the driver didn’t speak very good English. I came out of my office and locked up, but to my surprise, he was not outside, as I thought he said. I should also point out that it was a very cold evening and I do not do well in the cold, as my body seizes up. I called back the number in my calls list on my mobile phone and found that he had actually gone to the wrong place, but I could now spot him over the road and a little way up. Struggling to make myself understood, I said to him that I could see him and waved my hand (difficult when you are trying to keep your balance) and asked him if he could see me. He then said he knew where I was and, as I thought that was it now, I put the phone down. But instead of him pulling out of his parking space and driving towards me, he pulled out, drove in my direction, then turned into a side road and went off in a different direction! I was not expecting this and quickly called him back again and asked him what he was doing. It took me a further few minutes to find out where he was now and to tell him how to get back to me (remember I was now very cold and still trying to stand). Eventually, I got the driver to come to where I was, but he then parked a bit away and, rather than getting out of his car, he stayed sitting in it waiting for me to come to him! I, therefore called him again and said that I could not come to him and asked him if he could move his car nearer to me. Fortunately, almost miraculously, at this same time, my friend, Mark, who lives around the corner from my office was passing by, walking home from the tube station. Mark could obviously could see from the look on my face that something was wrong. He therefore came ovver to me and I explained to him what was happening. Mark immediately went to the driver and explained that he needed to bring his car closer to me, which he then did. Mark and the driver now helped me get into the car with my bag. Once I was settled sitting in the car, Mark looked at the driver and said: ‘”Please be very careful with this man - he is very precious cargo!’ However, when we got to my home a few minutes later, even though I asked the driver now to put the car onto the driveway, so that I would not have so far to walk to the front door, he still parked it on the road outside my house and I then had to try and make myself understood again to explain that I needed to be a bit nearer. The driver re-parked his car on the driveway and now tried to help me out of the car and to the house. But, unfortunately, he tried to manhandle me and made it much harder for me (I usually hold onto a person and walk at my own slow pace, but here he was grabbing me and pulling me at a faster rate than I could manage, so that I felt exhausted trying to keep up). When I get to the door, the driver usually helps me open it and brings my things in, but now, because of the difficulties already experienced, I told him that he should just put my things down and I would get myself in. He didn’t seem perturbed by this and, before I knew it and hadn’t even opened the door, he had got back in his cab and drove off. The whole episode had taken about 20 minutes, which is a long time, given the fact that this trip usually takes just a few minutes. I was also by now freezing and it took me a few more minutes to try and put my key in the door, as I was shivering so much that I could not hold my key steady. Sometimes people just don’t understand! 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
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
Let me wish you for a belated Happy New Year and wish you for a good and peaceful 2018. This is my first update of the chronological year 2018 and we are also now about a third of the way through the academic year 2017/18. 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). TICKETS SEEM TO BE GOING QUICKLY Hopefully, you will have heard from me earlier this week with further information about the new annual SEN Law Conference on Tuesday 6 March 2018 that I am staging jointly with IPSEA and Matrix Chambers. I announced it in my last update and gave some general information then but, as promised, I have included more specific details in this update, which you can also now find on the flyer attached to this email. You will see that the venue has now been arranged for London (where most people expressed a preference for it to be held) and has been confirmed as being at The Law Society. There are also seven confirmed speakers, who (in alphabetical order) are as follows:
We have consciously chosen speakers who can provide a number of views about what is happening in the world of SEN from the differing perspectives of parents, local authorities, Ofsted and the local government ombudsman, as well as from lawyers. As we have said, this one day specialist SEN Law Conference will provide legal and policy updates across all aspects of this fast-moving and developing area of law. The conference is aimed at SEN law professionals working with the following:
I am very excited about this conference (as I would attend it, even if I was not involved in helping stage it). I am also delighted that, since starting to take bookings in December, tickets seem to be going quickly. Whilst this is not a ploy to get you to buy a ticket ;-), if you do want to come, may I suggest that you book your place now as soon as possible, to ensure that you are not disappointed later by finding that there are no places left. I have also been asked to point out that tickets for the event are £225, but there is currently an early bird discount for tickets, which are currently reduced to £195 but this discount only applies to tickets paid for by 19 January 2018 (i.e. this offer is now only open for another week). Please note, any profits from the event will be donated to IPSEA, a charity offering free and independent legally based information, advice, support and training to help get the right education for children and young people with SEND. You can book a place at www.senlawconference.co.uk and can find further information on the attached flyer (if you get this update by email – otherwise it is on the website). "IT’S MADE US BETTER PEOPLE" You may have been aware (either directly or indirectly) that there was a fair amount of media coverage about SEN issues at the end of last year (e.g. the BBC’s ‘Breakfast Time’ focus on SEN in the week at the end of November/beginning December 2017). Whilst many of the issues were things I know from my own experiences in professional practice, (which you can find here), I was struck by one of the pieces called ‘It’s Made Us Better People’ by parents/presenters Carrie and David Grant who have four children with differing special educational needs. Whilst I realise, of course, that there are sometimes many (and continual) difficulties trying to get the right specialist support/provision/placement for a child or young person with SEN/Disability, every once in a while, it is good for all of us (both personally and professionally) to remember that these children and young people can also have a profoundly positive impact on us as well, by helping us to see the world in a ‘different’ and often unique way. I encourage you to watch it if you can (you can find it here: ‘It’s Made Us Better People’). IT’S ALL ABOUT (A PARENT'S) PERSPECTIVE Which also leads me on nicely to this next section... As many of you may already know, rather than telling you about the cases in which we have been involved, there has been on my website for many years a section entitled ‘A Parent’s Story’, as I think that, it is sometimes more helpful and preferable for you to read a parent’s (or grandparent’s) perspective about what has happened in their case. I have done things like this, as I know that many parents (and grandparents) of children and young people, tell me that they draw strength and insights from reading about what other parents (or grandparents) have experienced and gone through, especially where they read about other people succeeding, even where they think that there is no hope left. I have always been taken (again both personally and professionally) by things that people have said (I warn you that it can be quite emotional to read some of them), but have not had a chance these past couple of years to update this page regularly. However, at the end of last year I found some time to add a few more stories that parents have kindly sent to me, which you can read here: ‘A Parent’s Story’. I hope to be able to update it again in the next year or so, but hope that other parents can read those that are there now and realise that there can still always be a positive outcome to their situation, no matter how bleak things may seem now. RECENT/FORTHCOMING SEN EVENTS In my last SEN update, I referred to the Westminster Education Conference taking place on 9 November 2017 entitled: ‘Next Steps for SEND Policy – SEND Reforms, Funding, Local Area Inspections and Best Practice in Provision’. Unfortunately, due to scheduling difficulties, I was unable to attend it personally, but still obtained a transcript of the event afterwards, which was very interesting to read. Again, I was struck by one of the keynote speeches given by Dr Adam Boddison, the current Chief Executive for nasen (the National Association for Special Educational Needs). His talk was entitled: ‘SEND policy – Key issues and next steps’ and he spoke about issues concerning accountability, funding, inclusion and other related things. I was surprised to learn that there are now more pupils than ever before at special schools (although, to be fair, there are also more pupils generally) and he also said that 44% of children with Education, Health and Care (EHC) Plans are now placed in special schools. When talking about inclusion, I was also surprised to learn from him that children and young people with SEN are still seven times more likely to be excluded from school (he said that he felt strongly that no child should ever be excluded from school). Adam also pointed out that some mainstream schools now seem to be magnets for attracting children and young people with SEN and that other mainstream schools seems to be happy just referring them onto them, rather than taking them in. For me, the most telling thing that Adam said (which I have also found from my professional experiences) is the importance of making sure that an EHC Plan is right from the outset and also all along, as it can affect a child and young person’s education/provision/placement later when Post-19 (or as I have seen, in Post-16 cases as well). In terms of other forthcoming events, those that I think might be worth going to are:
“CAN’T YOU USE ANOTHER PARKING SPACE?”
I always like to end these ‘SEN Updates’ with a personal story, from my perspective as a physically disabled person using a wheelchair. In this update, I want to share with you a situation that I seem to encounter on an almost daily basis - parking spaces that are reserved for disabled people, being used by non-disabled people, which means that I cannot use them. You will be very surprised about the amount of times that this happens to me, even though I no longer am able to drive... Let me say from the outset, that I do realise that there are a number of people out there who have ‘invisible’ disabilities, which may make them look like they do not need to use a disabled car parking space (e.g. chronic medical conditions that significantly impair normal activities of their daily living, but who may show no outward signs of their condition), but they usually have validly been provided with a ‘Blue Badge’ exemption. I also realise that there are non-disabled people who sometimes need to use a disabled car parking space from time to time, because they are with a disabled person who they need to easily drop off or pick up, who sometimes may not be validly displaying a ‘Blue Badge’. Unfortunately though, there are lots of non-disabled people who innocently think that it is perfectly alright to park their car in a disabled parking place, either when they are still sitting in their car, to say, pick up or drop somebody somewhere, or also when they say they are only popping out for a minute to pick someone/something up. They will often say, when asked, that they are happy to move their car - but that misses the point, I (or someone on my behalf) shouldn’t have to ask them in the first place, as they should not have parked there anyway! Parking in disabled spaces when you are non-disabled is similar to those people who do not have children with them who park in the ‘family’ reserved car parking spaces in supermarket car parks. This is also a subject that I know that upsets many people – in fact, a friend told me once that someone who was without children refused to move from a space when she (who had her children in her car) asked, because the person said that, even though they were not with her, she had children at home! (You couldn’t make that up). But what seems to cause most difficulties and what I am really talking about here, is non-disabled people who just park in a disabled parking space without a ‘Blue Badge’, often purely because they do not want to have to walk too far somewhere or, worst of all, non-disabled people who park in a disabled car parking space and display a fraudulent ‘Blue Badge’ or one that they have ‘borrowed’ from somebody else. The regulations as to the way you can use a disabled car parking space by only displaying a ‘Blue Badge’ validly are actually quite detailed; I have even known of some cases where disabled people who have a valid ‘Blue Badge’ have sometimes found that they have still been ticketed wrongly, because they displayed it incorrectly and/or a traffic warden or similar has not seen it. My experience is that too often I am faced by non-disabled people blocking disabled car parking spaces unlawfully and without good reason. The surprising thing to me is that when I (or usually others on my behalf) then tell them that I need the space, in order to avoid the difficulty of walking or pushing myself to the entrance of the place I need to get to, I find that, on many occasions, these non-disabled people can become quite aggressive, even though they may have been asked politely to move. You will be amazed at the amount of bad language and behaviour that I have witnessed over the years, usually directed at others on my behalf. I have also noticed that it is usually other people who seem to get more upset for me about a non-disabled person (or somebody looking non-disabled) using the space without displaying a ‘Blue Badge’, and it is actually then me that needs to point out to them that the other person may have an ‘invisible’ disability that we do not know about. Non-disabled people parking in disabled spaces with/without a ‘Blue Badge’ is something that irks a lot of people around me. I often find people I am with wanting to retaliate/have a go at people who do this, and wanting to make the point that they (the other people) are non-disabled and could park their cars somewhere else and walk, whereas I cannot. For example, my wife, Erica, has even sometimes asked someone who is not willing to move if they want to come and look at my wheelchair in the back of our car (which, unsurprisingly, no-one has ever wanted to), but usually they have just ignored or pretended not to hear her and quickly walked away from their parked car – it is as if they do not want to hear or see the problem that they have caused, as if it then doesn’t exist or matter – ‘out of sight, out of mind’ as they say. Erica and others around me often remonstrate with people when they see them doing this and like to point out to them that they are being incredibly selfish by not thinking of other people. I even remember one very fit and strong looking young man in the gym car park walking away after parking his car in a disabled space and not looking back when he was asked to move (probably due to embarrassment), saying that he didn’t want a fight - again, it is like a form of denial by doing this as, if you do not look at it, you can possibly pretend that it is not happening. I have also noticed that the offending non‑disabled people often try to not make any eye contact with me (again, probably due to embarrassment). They just try to ignore me and pretend that I am not there. It gives another meaning to the phrase 'invisible disability'! I have also noticed that, when somebody realises that they may be doing something wrong, they are usually already very defensive, even before you say anything to them; it is almost as if they are ready for a fight, as they become immediately aggressive (some may say that this is just them being ‘defensive’). I have found from experience, that the best way to approach this situation usually is to quickly try to deflate it, by being as nice as possible and trying to ask them as politely as possible, if I can use the space (I find that saying that you need it more than them, or at the gym [which I have to go to train for health reasons] and I am tempted to say that, if they are going to the gym, they should be more able to walk than I am, does not usually tend to end well, as they often become even more aggressive). Non-disabled people do not seem to realise how difficult it can be for someone like me who is physically disabled, to have to ask them to move, especially if I know that I will be met with a very hostile or defensive reaction. When you think about it, I sometimes cannot even speak to them without first getting the car that I am in to sometimes have to park a long way away and then make my way back (usually slowly) to where they are to speak to them – this is even more frustrating when I found that they or their car has then gone. It has also placed me in a dilemma sometimes when I see people who I know and like, doing something wrong like this, as I know that telling on them would get them into trouble, because they are parking somewhere that they shouldn’t, often by using a forged or someone else’s ‘Blue Badge’. My favourite situation though is when there are no other spaces free, and I/another person asks politely if a non-disabled driver can move their car from the disabled car parking space which they are blocking, they just ask: ‘Can’t you find another parking space?’ The point that I want to get over is that, rather than telling people that they shouldn’t do this sort of thing after the event, I really hope that people will learn from what I am saying here and not do this in the first place. Just like other things I have talked about in this update, it gives you something to think about… 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
There are just 3 quick questions. 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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