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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.
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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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by Douglas Silas
Specialist SEN solicitor
Hi
I have decided to write/send this quick SEN Update about a week before schools go back for the new academic year this year (I will send my normal SEN Update for the Autumn Term in the week after schools go back). This is because I know that this year there is a lot of confusion and complexity about getting children and young people back into school after the Covid-19/Coronavirus situation. I thought I would firstly try and make things a little easier for people by preparing this video below...
I am also sending you links to some information and guidance that you may benefit from, as follows:
You may also find it helpful to look at:
And if that were not enough(!), I am also putting a link here to some further guidance produced over the summer, as follows:
I hope that this helps people. With good wishes, Douglas
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by Douglas Silas, specialist SEN solicitor.  Here is my update for this week. It’s been a bit of a slow week again for SEN news I am afraid. Things seem to be really slowing down for summer now. However, although this now will be my last update on SEN and Covid-19 (don’t worry, I am going to restart my SEN Updates again as usual from September), I have still managed to find some useful resources/information for you again this week. I hope that this helps people again. 1. What has happened this week?  The first thing that I want to bring your attention to is the website of Well Child, the charity for sick children. They have a lot of advice and resources available to or parents and carers of children with serious health conditions , including help accessing PPE (Personal Protective Equipment) and supplies, plus information for companies and stay-at-home fundraising suggestions. I was very taken by their page called the ‘COVID-19 Direct Response Service’, which states: “In response to the COVID-19 pandemic, we are offering a Direct Response Service to get the Personal Protective Equipment (PPE) and support with supplies that parents and carers need”… READ MORE  The next thing that I want to draw you attention to is the webinar this week on 23 July 2020 entitled: ‘Returning To School In September’ being put on by 39 Essex Street chambers, where leading lawyers, Polly Sweeney, Steve Broach and Alice Irving will be delivering a webinar on the legal rights of children and young people with special educational needs and disabilities returning to School in September and which says it will cover issues such as: ‘The latest government guidance and what is expected of families from September’; ‘What support and provision children and young people with SEND will be entitled to receive’; ‘Do children and young people with SEND have to return to School’; ‘Children and young people who have been shielding’; ‘In what circumstances parents can be fined for non-attendance’… READ MORE  The last thing that I want to refer you to here is actually not a resource or useful information at all, but just a news piece that I found on the BBC’s website which I thought may be of interest to you, entitled: ‘'No plan B' for exams if schools disrupted in autumn’, which said… READ MORE 2. What does all of this mean? I guess we will just have to wait and see what happens now in September/the Autumn. I don’t think anybody could have predicted what has happened in the last 4/5 months or so and it would be foolish for me to try and predict now what is going to happen in the next 4/5 months. However, I am going to leave you on an as positive note as I can if I may before I also break for the summer, by sharing a link to a video with you that I was sent a few months ago called: ‘The Great Realisation’. I apologise if you have already seen it, but it is so good that it is worth watching twice. I hope that you find it as uplifting as I have done… 3. Where can I find further information? Aside from clicking on the relevant links for more information, I would again remind you of the very useful resources and information provided on the following websites:
- IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk. by Douglas Silas, specialist SEN solicitor Here's my update again for this week. Like last week, I am going to do the first section of this update as an animated video and text. That being said, somebody has kindly pointed out to me that it takes more time for them to listen to the update then to read it, because the animated voice goes too slowly. So I have taken this on board and have tried to speed up the voice this week. I hope that this helps people again. 1. What has happened this week?  Once more, in education news, the issue was still about when schools would reopen and how they would reopen… There was initially an article entitled: "Coronavirus: 'Stop squabbling’ demand over opening schools", which said: “The government and unions should "stop squabbling and agree a plan" to reopen schools safely, the children's commissioner for England has said. Anne Longfield said many disadvantaged children were losing out because of schools being closed for so long. Teachers' leaders met the government's scientific advisers on Friday, but did not agree how to return to the classroom safely. Some local authorities have said they will not reopen schools from 1 June. The government has set out plans to begin a phased reopening of primary schools in England from 1 June. But the plans have been challenged by teachers' unions, who have disagreed with the Department for Education over whether it is safe to return to school. Schools need to open "as quickly as possible", Ms Longfield has said, as she called for stronger safety measures to be introduced, such as regular testing for pupils and teachers, managed interaction between adults and deep cleaning of facilities. She said that, without a vaccine, schools will never be 100% safe, as she urged the government and unions to work together "in the interests of children". Schools have been closed by the coronavirus for most pupils since 20 March, staying open only for the children of key workers and vulnerable children. Ms Longfield said that deprived and vulnerable children would suffer most from missing school and there was a growing "disadvantage gap". She backed plans to bring back children in Reception, Year 1 and Year 6. Kevin Courtney, co-leader of the UK's biggest teaching union, the National Education Union (NEU), told BBC Breakfast the meeting with scientific advisers on Friday was a "step forward" but that more cooperation was needed between the government and unions to "find a safe way back". The NEU has drawn up five tests which, it says, the government should meet before schools reopen. These include regular testing, protection for vulnerable staff and a national plan for social distancing. Mr Courtney called on the government to set up a task force with unions to plan a safe way of getting children back to school. Liverpool's schools will not reopen until mid-June "at the very least", the city's council said. Hartlepool Borough Council has also challenged the government's timetable, saying schools will not reopen at the start of next month "given that coronavirus cases locally continue to rise". However, Andy Preston, mayor of Middlesborough told BBC Breakfast that, although children and teachers have to be kept safe, "no-one can ever be given a 100% guarantee", stressing the impact that school closures were having on deprived children. While many primary schools in England are under local authority control, others are run by academy trusts. Steve Chalke, founder of the Oasis Trust, which has 35 primary schools across the country, said opposition to reopening fails to recognise the harm to disadvantaged children from missing school. England is the only UK nation to set a date for schools to start to return. Teachers have said they are worried about the emotional distress returning to the classroom could have on staff and pupils. Becky, who has asked her surname not be used, teaches Reception and Year 1 at a primary school in Birmingham. Speaking about the effect new rules will have on children, she said: "They won't be able to play with toys, play with their friends. When they're distressed and upset, how can we comfort them from a distance? It will cause them damage." Her comments were echoed by parent Claire Dhillon-Burrows, from Hertford, who has three children, one of whom is four years old and is due to return to school on 1 June. "He doesn't know how to social distance and still sucks his thumb," she said, asking why teachers were being expected "to work a social distancing miracle with such young children". The British Medical Association has backed teachers' unions by saying Covid-19 infection rates are too high for England's schools to reopen. The infection rate in the UK - the so-called "R-number" - has crept up from between 0.5 and 0.9 to between 0.7 and 1.0. The number needs to be kept below one in order to stay in control and any increase in the number limits the ability of politicians to lift lockdown measures. Prof Sir Mark Walport, the government's former government chief scientific adviser, said the rise in the R-number - albeit "relatively small" - is concerning and illustrates how carefully social distancing measures need to be relaxed. "There's no question that the prospect of a second wave still exists," he told BBC Radio 4's Today programme. Speaking about schools reopening, Prof Walport said schools have returned "in a very cautious fashion" in Denmark for the past month and the country's R-number has reduced. A Department for Education spokeswoman said: "Getting children back to school and nurseries is in their best interests and all those working in education have a duty to work together to do so. "We welcome the children commissioner's support for a phased return of children to primary school with many of the measures she raises, like staggering drop-off and pick-up times, keeping children in smaller groups and regular hand washing, already in train." Schools in Wales will not be going back on 1 June and it is not expected that schools in Scotland or Northern Ireland will go back before the summer break.  By the end of the week though, an article appeared entitled: "Councils throw 1 June reopening plan into doubt", which said: Scores of councils in England say they cannot guarantee primaries will reopen on 1 June, throwing government plans to get pupils back to school into chaos. Only 20 of 99 councils to respond to a BBC Breakfast survey said they were advising schools to open more widely on Boris Johnson's target date. Of the 99 who responded, two thirds (68), could not guarantee schools would reopen to Reception, Year 1 and Year 6. It comes as the government prepares to publish scientific advice on its plan. Ministers have been insisting that they would only be calling on schools in England to reopen in June if the scientific advice said it was safe to do so. Teaching unions, heads and politicians have been calling for that advice to be made public. BBC Breakfast carried out a snap-shot survey of the 150 local authorities that oversee primary schools over the past 48 hours. It also showed: - 14 local authorities, mainly in the north-west of England, said they would not be advising schools to open their doors to more pupils - 11 said they were still considering the issue - 54 leaving the decision up to individual schools - The local authorities which have said they will not open on 1 June include: Blackburn, Bury, Calderdale, Cheshire East, Cheshire West, East Riding, Knowsley, Newcastle City, Rochdale, Stockport, Trafford and Wirral. It is the head teachers and the governing bodies on the ground who need to make arrangements for social distancing or keeping children within small groups to limit the potential spread of infection. Schools across England have been open to small numbers of vulnerable pupils and the children of key workers since they formally closed at the end of March. But the prime minister announced plans for a phased reopening of primaries from 1 June, when he set out the government's plans to move gradually out of lockdown measures on 10 May. Almost immediately, teaching unions and head teachers warned of safety concerns and practicalities in many schools which, they argued, made safety measures unfeasible. And, with scientific evidence on the way the virus is spread by children limited, there are concerns the wider opening of schools could lead to a second spike in Covid-19. Teaching unions also called for a more regional approach, with local authorities being given the final call. Education Secretary Gavin Williamson made a plea for the sector to let children get back to school, and a string of ministers lined up to try to persuade parents, many of whom are concerned about a return, that schools would be safe. But, as opposition continued to grow, there has been a softening of the government's approach. On Wednesday, Justice Minister Robert Buckland, said the government was prepared to listen to the concerns of head teachers and council leaders, and hinted it might step back from the 1 June date. He also acknowledged schools would not reopen in a uniform way across England after half term. A spokesman for the Department for Education said: "We want children back in schools as soon as possible because being with their teachers and friends is so important for their education and their well-being." He added that plans for a cautious, phased return of some children was based on the best scientific and medical advice and insisted the department had been engaging closely with a range of organisations including the teaching unions. But Paul Whiteman, general secretary of the National Association of Head Teachers, said support for a fixed date for school return was vanishing quickly. "What is needed now is local flexibility to determine when it is right for schools to open up to more pupils." Councillor Judith Blake, chair of the Local Government Association's children and young people board, backed calls for decisions to be made locally. "As there are different Covid-19 infection rates around the country, schools and councils must be able to work together to decide how and when schools open to more children," said Ms Blake. Councils also needed crucial testing data to be shared with them to boost confidence about reopening schools among teachers and parents, along with powers to manage outbreaks in schools, care homes and the community, she argued. Meanwhile Unison, which represents many school support staff, said members had little confidence in government reassurances that English schools will be safe to open to more pupils from 1 June. An overwhelming 96% of 42,000 teaching assistants, cleaners, technicians and office staff surveyed by the union, said they felt ministers had not put safety first in their reopening plans. On Thursday the governments of Scotland and Northern Ireland announced plans for a phased return to school for pupils, starting in August. Wales has not yet set a date.  Notwithstanding this though, the Government has now issued guidance entitled: “Supporting your children's education during coronavirus (COVID-19)” which states as follows: From the week beginning 1 June 2020, at the earliest, we’ll be asking: - primary schools and childcare providers to bring back children in nursery, reception, year 1 and year 6 - secondary schools to offer some face-to-face support to supplement the remote education of year 10 children who are due to take GCSEs next year Vulnerable children and the children of critical workers continue to be eligible to attend, and we encourage them to do so where appropriate. Other children will continue to be supported to learn at home. Further information on which children can attend school is available. This page and information for teachers will be updated regularly to include further resources and reflect the latest information and developments. While staying at home due to coronavirus, parents and carers may be worried about their children’s development and the effect of missing school or nursery. No one expects parents to act as teachers, or to provide the activities and feedback that a school or nursery would. Parents and carers should do their best to help children and support their learning while dealing with other demands. Alongside any work your children receive from school, you can try using online educational resources covering various subjects and age groups. These have been recommended by teachers and school leaders. Educational programmes to help children learn at home are available from the BBC. Have regular conversations about staying safe online and tell your child to speak to you if they come across something worrying online. Mental health and wellbeing. The change of routine and staying at home may make this a difficult time for some children. Public Health England has published advice on how to support your children’s wellbeing during the coronavirus outbreak. 2. What does this all mean? I feel that I am now beginning to repeat myself in this section in these weekly updates. This is because it again seems a very difficult question to answer as I can see positives and negatives on both sides. However, as we get closer to the end of the school year (with half–term next week), I do wonder what will happen if we try to get some children with SEN back in the classroom for only a short period of time before they have to break again for the long summer holidays? 3. Where can I find further information? There isn't really much more that I can say in this update now. However, as I always like to do at the end of my updates, I would again remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Remember also, that there are other videos on this website, especially the one at the top of this page which explains the coronavirus and its effect clearly to children. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk. 1. What has happened this week?
In education news, the issue was again about when schools would reopen and how they would reopen… On Monday 11th May, the Government issued guidance entitled: “Actions for education and childcare settings to prepare for wider opening from 1 June 2020”… For children and young people with Special Educational Needs, the best summary I found was on the website of the Council for Disabled Children, on a page entitled: “The Department for Education has published new guidance on phased returns to schools, colleges and nurseries” which said:… “By 1 June at the earliest, primary schools in England may be able to welcome back children in key transition years – nursery, Reception, Year 1 and Year 6. In particular, as per the existing guidance on vulnerable children and young people, vulnerable children of all year groups continue to be expected and encouraged to attend educational provision where they can safely do so… The guidance sets out principles that will apply to the phased return including:…
The guidance sets out a range of protective measures to ensure education settings remain safe places including:… - reducing the size of classes and keeping children in small groups without mixing with others… - staggered break and lunch times, as well as drop offs and pick ups… - increasing the frequency of cleaning, reducing the used of shared items and utilising outdoor space.”…  But there then followed a bit of a backlash. In an article on the BBC’s website entitled: "Class size of 15 pupils when primary schools return", it said: … “There is an "ambition" for all primary school children in England to spend a month back at school before the summer holidays, says the government's updated Covid-19 guidance… But to support social distancing there will be class sizes of no more than 15 pupils, staggered break times and frequent hand washing… The National Education Union rejected the reopening plans as "reckless"… Prime Minister Boris Johnson, in his televised address on Sunday, said if the level of infection remained low enough, children in Reception, Year 1 and Year 6 in primary schools might begin to return, from 1 June "at the earliest"… Further guidance on Monday announced plans to widen this to all primary year groups, including early years settings and childminders - but with strong warnings of delays if "insufficient progress is made in tackling the virus"… The decision to make Reception, Year 1 and Year 6 the first classes to return was "to ensure that the youngest children, and those preparing for the transition to secondary school, have maximum time with their teachers"… Details set out by the Department for Education show classes will be divided into groups of no more than 15 pupils - and these small groups will not mix with other pupils during the school day… The guidance says pupils should be kept two metres apart if possible - but it accepts that young children cannot always be expected to keep that distance apart, from each other or staff… There will be staggered break and lunch times, and different times for starting and finishing the school day… Children will be encouraged to wash their hands often, cleaning of rooms will be more frequent and schools will be encouraged to use outdoor spaces… But the wearing of masks is not recommended, for either pupils or teachers… This follows the pattern of a return of schools in Denmark, which has used a system of teaching children in small groups which are kept separate from each other and where there is regular hand washing… Secondary schools and further education colleges are likely to stay closed until September - apart from pupils with exams next year, who will get more help in addition to their current online lessons… Schools and colleges are told to "prepare to begin some face-to-face contact with Year 10 and 12 pupils who have key exams next year"… But Labour's Shadow Education Secretary Rebecca Long-Bailey said the government needed to address teachers' "concerns, anxiety and confusion"… "There is no information about how social distancing will work in schools, how teaching and support staff, pupils and parents will be protected from the virus, how small class sizes will be achieved."… More than 400 thousand people have signed an online petition urging the government to give parents a choice on whether they send their children back to school this term… But it is understood that parents who decide to keep their children at home will not face fines for non-attendance… At present, parents who are key workers have the option of sending their children to school, but there are no penalties for those who have not taken up places… This temporary arrangement during the coronavirus crisis will also continue for the year groups going back to school… "As a mum, I don't want to face serious repercussions for making a choice I feel affects the safety of my daughter during a global pandemic," said petition organiser, Lucy Browne… When schools were kept open for key workers' children, there were worries that too many would turn up. But in practice the opposite happened, with lower numbers than anticipated… The latest guidance says 2% of pupils are currently going to school - and with no fines and lessons likely to be complicated by social distancing, it remains to be seen how many children will return… But it will give more parents an option for going back to work - and children might be relieved to get out and see their friends again… Speaking at the government's press conference on Monday evening, the chief medical officer for England, Prof Chris Whitty, said the risks of coronavirus were "very, vey low in children in contrast to other infectious diseases"… He said the question was whether re-opening primary schools would lead to a "significant upswing or a change in the R"… "The view is that if it's done very carefully, slowly, it is very unlikely to do that - but it has to be done very carefully… "Teachers and parents are understandably concerned about individual risk and that's very much what we're consulting on at the moment with the profession, and it is very important that we have a proper debate around that, to make sure people understand that we can do many things to reduce the risk."… "This timetable is reckless. This timetable is simply not safe," says Mary Bousted, co-leader of the biggest teachers' union, the National Education Union… She said the reopening plans had "stoked teachers' anxiety and triggered real confusion because the announcement is inconsistent on the importance of social distancing and how or whether it can be achieved in schools"… "The profession has got very serious concerns about that announcement of 1 June - whether indeed it is possible to achieve it, but also how to achieve that in a way which is safe for pupils and staff," said Patrick Roach, leader of the N.A.S.U.W.T teachers' union… Paul Whiteman, general secretary of the school leaders' union NAHT, said the ambition to return all primary pupils within the next seven weeks was "wildly optimistic, to the point of being irresponsible"… "School leaders do not want to see classrooms empty for a day longer than they need be - but there is not a school leader in the land who wants to risk admitting more pupils unless it is safe to do so."… Many parents on the BBC's Family and Education Facebook page expressed concerns over safety… Kirsty Smith said: "I have a Reception-aged child and then three others in years that aren't going back… "First thing my youngest will want to do is give her teacher and friends a hug - she's five… "Telling a child 'no this no that' is going to make them think they're constantly doing wrong by doing things that are natural to them… "They may split the classes and stagger lunch times but they won't be able to sanitise every pencil, toy, lunch table even before the next child uses it."… Gurmeet Bhachu added: "No, my child is not going back to school until it is absolutely safe for them and teachers."… Louise Richards said: "Many children are in families with at risk members. They can't go back. It will simply disadvantage those and put the rest at risk."… Suzanne Mattinson said she would not send her child back to school until there was a vaccine… "If my hand is forced, I'll remove him formally and home school."… In Wales, the First Minister Mark Drakeford has said: "We're not going to be reopening schools in Wales in the next three weeks, or indeed in June," he said… In Scotland, it seems unlikely that schools will re-open before the summer holidays, with most schools due to break up before the end of June… In Northern Ireland, Education Minister Peter Weir has spoken of a possible phased return of schools in September.”…  There was also criticism from teaching unions. In another article on the BBC’s website, entitled: “'Not safe to reopen schools,' warn teachers' unions”, it said:… “Plans to reopen primary schools in England do not have adequate safety measures and need to be halted, warns an alliance of school teachers' unions… A joint education union statement called on the government to "step back" from a 1 June start date… In the House of Commons, Education Secretary Gavin Williamson warned against "scaremongering" over safety… But his department's chief scientific adviser cast doubt on suggestions the virus spreads less among children… Mr Williamson, facing questions from MPs on reopening schools, rejected fears over safety and said it was the most disadvantaged who were losing out from schools being closed… "Sometimes scaremongering, making people fear, is really unfair and not a welcome pressure to be placed on families, children and teachers alike," he told MPs… Mr Williamson said that pupils, like teachers, would be a priority for testing if they or their families showed symptoms… The Liberal Democrats' education spokeswoman, Layla Moran, challenged the education secretary to publish the scientific evidence on which the return to school was based… But the Department for Education's chief scientific adviser, Osama Rahman, appearing before the Science and Technology Committee, said decisions around opening schools, such as which year groups went back first, had not been taken by the department… Asked whether he had assessed the safety guidance given to schools and how it might be implemented, the DFE's scientific adviser told MPs: "I haven't."… As such he was unable to say what evidence was behind the decision to reopen schools - or to say how many under-18s had died from the virus… And Mr Rahman told MPs there was only "low confidence" in evidence suggesting that children transmit Covid-19 any less than adults… "As a former teacher listening to this I don't think the profession is going to be at all satisfied by what they are hearing at the moment," said Scottish National Party MP Carol Monaghan… Patrick Roach, leader of the N.A.S.U.W.T teachers' union, said the DFE adviser's comments were "truly shocking and disturbing"… The Department for Education later circulated a letter from Mr Rahman in which he said he had been "closely involved" in advising on reopening schools - and that he had "full confidence in in the plan to reopen education institutions for all the reasons set out by the government"… In their joint statement, nine unions, including the National Education Union and the National Association of Head Teachers, rejected the plans for a phased return of primary school pupils after half term - saying it was still too early to be safe… The unions called for a delay until a "full roll-out of a national test and trace scheme" was in place and there were extra resources for cleaning, protective equipment and risk assessments… The joint statement said that "classrooms of four and five-year olds could become sources of Covid-19 transmission and spread"… "We call on the government to step back from the 1st June and work with us to create the conditions for a safe return to schools."… But Mr Williamson told MPs that opening schools was the "responsible" course of action, now the virus was "past the peak" and that safety was uppermost in how it was being planned… "The best place for children to be educated and to learn is in school," he said, particularly for the disadvantaged who would be most likely to fall further behind… Instead of a fixed date for a return, Labour's shadow education secretary, Rebecca Long-Bailey, argued that schools should reopen only when there was clear evidence it was safe… "The guidance provided so far does not yet provide the clear assurances over safety that are needed," she told MPs… She said that families were still worried about the implications of pupils going back to school, such as for relatives who might have illnesses… In Wales, the First Minister Mark Drakeford has said schools would not open on 1 June… In Scotland, it is not expected that schools will re-open before the summer holidays… In Northern Ireland, Education Minister Peter Weir has spoken of a possible phased return of schools in September.”… 2. What does this all mean? Again, it’s a very difficult one, isn’t it? I really appreciate how important it is for children to be able to get back into education as soon as possible, but I am very concerned that there are many pressures being applied to try to get children back into schools before things are ready for them and it is safe to do so. 3. Where can I find further information? There isn't really much more that I can say in this update now. However, as I always like to do at the end of my updates, I would again remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Remember also, that there are other videos on this website, especially the one at the top of this page which explains the coronavirus and its effect clearly to children. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk. by Douglas Silas, specialist SEN solicitor Here is my update for this week. Following last week's very long and detailed update about the recent changes to the law regarding SEN (which I will explain more soon), I have realised this week that I have a lot more detailed than information to provide to you, both of which may have been or may well be a bit of a 'wall of text' for people to read. So, I have decided this week to try and do things slightly differently by putting the first couple of sections of this update into an animated video that should be easier for people to understand more quickly. Apologies for any mispronunciations! I hope that this helps people again. 1. What has happened this week? 2. What does this all mean?
It's a really tough one isn't it? I can see arguments on both sides. I guess though, thankfully, it is not up to people like me to make these very hard decisions and my heart goes out there is who have to wrestle with these kinds of decisions. I genuinely wish you the best if this is you. 3. Where can I find further information? There isn't really much more that I can say in this update now. However, as I always like to do at the end of my updates, I would again remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Remember also, that there are other videos on this website, especially the one at the top of this page which explains the coronavirus and its effect clearly to children. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk. by Douglas Silas, specialist SEN solicitor Here is my update for this week.
Judging by what I am reading and hearing over the past week, it seems to have been getting a lot tougher out there for parents of and children/young people with SEN. I therefore want to highlight this week some of the issues and also some people/organisations who are providing useful information. I was also emailed by some parents/people after my update last week, one of whom said: ‘Thank you for your updates, they are proving very useful. It's good to have things in one place and not have to trawl through the vast amounts of information out there, particularly given I rarely know what I should be looking for, let alone where!’ I have therefore provided links again in this update. I hope that this helps people again. 1. What has happened this week? It is firstly useful to remind everyone again about the current situation for ‘vulnerable children’ – a useful summary of which was provided by the National Children’s Bureau (NCB) on its website, entitled: ‘Coronavirus spotlight: vulnerable children’, which states: ‘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.’ --- You can also find useful information about what is happening generally on IPSEA’s webpage entitled: ‘IPSEA update on COVID-19, school closures and SEN provision’, which is well worth a read. --- In terms of things getting tougher, there was an article written by a parent in The Guardian entitled: ‘'We're on our own': how the pandemic isolates families of disabled children’, which said: ‘Families of children with special educational needs and disabilities are a resilient and resourceful group of people. Many of the qualities required to endure the coronavirus pandemic – vigilance, self-containment and mutual aid – are basic skill sets to parent carers. Whether at school, work or in community life, we are past masters at social distancing and social isolation. Our families have poorer physical and mental health than most. We earn less, have higher household costs, are more isolated, and break up and break down more. Somehow, perhaps because we have no choice, we manage to endure. Ours is also a vulnerable group – not just to the virus itself, but to the social and economic consequences of the pandemic. Little has been said by government or the national media about the very complex needs of our families during this crisis; no answers yet for a parent-carer like Debbie Taylor, an NHS psychotherapist and key worker who cannot send her daughter, Sarah, to school as she has tuberous sclerosis and is prone to chest infections. The pressure on the NHS also means Sarah’s annual MRI scan, to check that tumours on her major organs have not grown, has been cancelled. Meanwhile, Debbie works and juggles caring for Sarah over an 18-hour day. “I am exhausted, there is no let up,” she says. “Normal coping strategies or self-care mechanisms are all gone. All our support systems were already unravelling. There is no plan B. We are now on our own.”’ --- There was also a piece on Autism Eye’s website entitled: ‘We Can’t Get Food We Need, Say Parents’, which said: ‘Families of autistic children are struggling to get food from supermarkets amid the coronavirus pandemic. Parents say their children live on restricted diets and shops are being stripped bare of the foods they eat. Some supermarkets, including Tesco and Sainsbury’s, have set aside periods when the elderly and vulnerable can shop. Impossible to register But Beth Morrison, who runs Positive and Active Behaviour Support Scotland(PABSS), says she has found it impossible to register as “vulnerable” with Sainsbury’s. Morrison is self-isolating with husband Peter, 57. Peter had a heart attack three weeks ago and has had a pacemaker and defibrillator fitted. The couple’s son, Calum, and daughter, Paige, are also self-isolating. Calum, 21, has epilepsy, cerebral palsy, autism and a learning disability. Not been able to book a delivery Morrison, 54, from Monifieth, in Angus, gets much of Calum’s diet from Morrison’s. However, she has not been able to book a delivery online. She said Calum eats only chicken or sausages from Sainsbury’s or Marks & Spencer. “He is so sensitive with food — sensory issues with food. He can actually tell the difference just by smelling the chicken,” she said. Morrison has relied on Calum’s support workers to go shopping. Son will only eat certain brands Anna Champion, 39, from Chippenham, said her son Ben, 12, who has autism and a learning disability, will also only eat certain brands. She wrote on Autism Eye’s Facebook page: “I don’t know what to do. He is eating virtually nothing as I can’t get what he likes.” A spokesperson for Tesco confirmed that families of children and adults with autism can use the store during slots set aside for vulnerable groups. Families will not be asked for proof, added the spokesperson.’ --- One of the most notable things this week was the relaxing of the rules on lockdown exercise for some children/young people with SEN, which was summarised on Contact’s website in an article entitled: ‘Government clarifies exercise guidance for people with health needs’, which said: ‘The government has clarified social distancing guidance for people whose disability or health need requires them to exercise more than once a day. Ordinarily, people are advised that they may leave the house for exercise only once a day, for example to take a run or go for a cycle. This should be within the local area only, to minimise the risk of spreading the virus. However, if your child has a health need or disability that means they need to exercise more than once a day, it is fine to do so. Similarly, if your child has to take a specific form of exercise beyond the local area, it's ok for you to take them there. This might be, for example, if your child has autism or learning disabilities. The government advises that such exercise would ideally be in line with a care plan. And of course, it is still important to follow other social distancing rules such as keeping 2m away from other people.’ --- There was also an interesting article by barristers, Steve Broach and Alice Irving, (which you can find on the Special Needs Jungle’s website) entitled: ‘Why the Coronavirus lockdown adjustment for people with disabilities and mental health conditions was the right thing to do’, which said: ‘Changes to lockdown policy for disabled people and those with mental health conditions A recent example involves two families with autistic children (the claimants), working with lawyers (Bindmans LLP and Steve Broach at 39 Essex Chambers, one of the authors of this article), to secure a change to the government policy that people should only leave their homes once a day for exercise. The policy was amended to allow people with a specific health condition to exercise more often, or to travel away from their home to exercise, if it is necessary for them to do so. This is an important change in the policy. Adherence to lockdown and social distancing rules is essential to ensuring we, as a country and community, come through this crisis. However, while it is hard for all of us to abide by these rules, they do not impact on all people equally. Seeking recognition of this is not a case of disabled people using an excuse to avoid adherence to lockdown requirements. It is a recognition that, for some people, not being able to go outside more than once a day is not merely unpleasant but has a potentially significant impact on their health and wellbeing. This is clearly illustrated in this statement from a parent of one of the claimants: “Over the last couple of years, our autistic son has made huge strides self-managing his sensory, communication and health difficulties and asking for what he needs in order to be able to cope with them. These include long walks in the countryside, which he finds very relaxing and pleasurable from a sensory point of view, and being taken for drives in the car while listening to music with his dad. "So when the lockdown was announced, we were worried that being limited to one outing a day in the local area would make it impossible for our son to deal with the situation and that this could lead to severe meltdowns. Having the guidelines clarified by the government has lifted a huge weight from our shoulders, and as a result, our son has been managing well with the limitations of the lockdown while maintaining social distancing.” While the main guidance still states that you should only leave the house for “one form of exercise a day” a new section was added entitled “Can I exercise more than once a day if I need to due to a significant health condition?” It is worth setting out this new section in full: “You can leave your home for medical need. If you (or a person in your care) have a specific health condition that requires you to leave the home to maintain your health – including if that involves travel beyond your local area – then you can do so. This could, for example, include where individuals with learning disability or autism require specific exercise in an open space two or three times each day – ideally in line with a care plan agreed with a medical professional. "Even in such cases, in order to reduce the spread of infection and protect those exercising, travel outside of the home should be limited, as close to your local area as possible, and you should remain at least two metres apart from anyone who is not a member of your household or a carer at all times.” Conclusion The way that the guidance was changed shows that disabled people and their families are not powerless, when a new policy rushed through by the government in response to the public health crisis fails to adequately consider their rights and needs. In this instance, two families with disabled children, working with lawyers, brought about meaningful and important change to a government policy. This will benefit disabled people nationwide. Lawyers are continuing to partner with disabled people and their families, to safeguard the rights of disabled people in these difficult times.’ There was also help on ‘Supporting siblings’ (again on Contact’s website), which said: Parents often talk to us about the importance of siblings and the difficulties that can arise for the siblings of a disabled child. These challenges rarely stop the relationship siblings have with their disabled brother or sister being one of the most important in their lives. Below we highlight some of the issues that may crop up for siblings of a disabled child and give tips to respond to them. Limited time and attention from parents · Every so often put the needs of siblings first and let them choose what to do. · Decide on certain times you'll dedicate to siblings individually, for example bedtime or day trips once a month. · Try to find activities that the family can enjoy together, but also other activities to enjoy separately so each child has something special. · Try to arrange short term care so you can attend important events with siblings, like sports day. · Sometimes take your disabled child along to their sibling's event: siblings supporting each other works both ways. Confusion about their sibling's disability · Learn to recognise behaviour that expresses anger or frustration at their disabled sibling. · Talk to your children about disability so they know that no one is to blame for their brother or sister's difficulties. · Encourage them to see the similarities they have with their sibling. Draw pictures of each family member and look at their strengths and weaknesses. · Meet other families who have a disabled child so your other children see that disability is an everyday part of life and not unique to their family. Worry about bringing friends home · Talk with your child about how they might explain their brother or sister's disability to a friend. · Encourage but don't expect siblings to always include the disabled child in their play or activities. · Let them retreat to their bedroom, and when they're older you can think about letting lock the door. · Acknowledge siblings' negative feelings about their brother or sister and talk about the feelings of guilt they may feel. Explain that everyone gets angry with other family members sometimes. Stressful situations at home · Encourage siblings to develop their own social lives. · Some siblings find it helpful to meet other young carers to share difficult emotions in a supportive environment. There are young carers support organisations across the UK. · Some siblings may prefer to talk to someone outside of the family. Your GP may be able to recommend a suitable counsellor, or you can visit the Counselling Directory website. Sibling tips from other parents We asked some parents what advice they'd pass onto others, and this is what they said. · Don't get down about sibling troubles - your children can gain and learn from difficult experiences. · Join a parent support group - they really help. · Tell the child's school if they're having trouble adapting to having a disabled sibling. · Keep the siblings informed about their brother or sister's disability. · Allow children to speak their mind, even if you're not always comfortable with what they say. · Don't put pressure on your non-disabled children - it might take them time to fully understand the situation.’ --- In educational news, there was a nice article by The Guardian entitled: ‘Read my lips: how lockdown TV could boost ch, which said: ‘Research shows that turning on TV subtitles boosts kids’ reading ages, particularly among primary school children. An urgent call is to go out to children’s television broadcasters this weekend, backed by major names in British entertainment, politics and technology. Writer and performer Stephen Fry, best-selling author Cressida Cowell and businesswoman Martha Lane Fox are joined by former children’s television presenter Floella Benjamin as signatories to a letter, carried in today’s Observer, that urges all leading streaming, network and terrestrial children’s channels to make one simple change to boost literacy among the young: turn on the subtitles. If English-language subtitles were to be run along the bottom of the screen for all programming, they argue, reading levels across the country would automatically rise. Longstanding international academic research projects prove, they say, that spelling, grammar and vocabulary would all be enhanced, even if children watching TV are not aware they are learning. The campaign aims to improve reading ability across the English-speaking world and has won backing from former President Bill Clinton, who said: “Same-language subtitling doubles the number of functional readers among primary school children. It’s a small thing that has a staggering impact on people’s lives.” It’s a simple change that will make the world of difference to millions of young people The drive is being run by a campaign group called Tots, or Turn On The Subtitles, and launches this week. The open letter to broadcasters from the organisation, founded by old friends and entrepreneurs Henry Warren and Oli Barrett, draws attention to the benefits of featuring same-language subtitles as a default on programming aimed at children across the world - almost a billion of whom are now being educated inside their own homes. The campaign is aimed at broadcasters and online platforms, and names Sky, Netflix, Amazon Prime, YouTube Kids, ITV and the BBC, many of whom have shown interest in the idea. Campaigners are pushing for this change to be made at a moment of maximum benefit. “This needs to be done as a matter of urgency. This simple change will make the world of difference to millions of young people at this extremely challenging time,” reads the letter. Warren, a businessman who has specialised in education technology, said he aims to raise awareness of the issue among parents as well as broadcasters. The plan is to start with video-on-demand content now, and then move on to converting all children’s programming. “It starts helping as soon as a child can decode basic phonemes,” said Warren. “But the real benefit is when a child is a sufficiently competent reader that it is done subconsciously.” Parents would be able to turn off the subtitles if they wished, or change them to another language. And if broadcasters prove slow to respond to the renewed pressure, Warren hopes parents will hear the message. “To be blunt, though, even the best awareness-raising often fails to reach the families that need it most.” It is an intervention, Warren adds, is not supposed to replace home reading, merely to supplement it. Researchers using eye-tracking software have shown that children follow subtitles on screens. While many broadcasters have engaged with Tots in recent months, and most have few technical obstacles to surmount, final editorial approval for the plan has been difficult to get. A Dutch study of eye-tracking during television viewing found in 1991 that the subtitles drew the eyes of viewers for a considerable time. A previous study also found that action-oriented cartoons, such as Popeye, did sometimes draw children’s eyes away from the text below, but not in more verbally dense shows, such as The Garfield Show. And two years ago, PlanetRead, a literacy charity based in Canada, America and India, carried out research in rural Rajasthan, India, which involved showing children animated stories. One group of struggling readers watched with subtitles and one without. The overwhelming majority of children, 94 per cent, were found to have engaged with the subtitles, especially in the simpler shows when words appeared at a rate of around 81 a minute.’ 2. What does this all mean? As I have already said, things are now getting tougher out there and I am sure that this is just going to increase as the weeks go by. However, as I have also referred to above, it is still possible to be creative and assertive sometimes. Although I know that some schools will go back again next week after the Easter break, I also know that the difficulties I have highlighted above here and in past updates will still continue for many parents and children/young people who are home-schooling now. 3. Where can I find further 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 However, I also came across other useful information this week, in particular on Contact’s website here: - ‘Important information about Covid-19 coronavirus for families with disabled children’ - ‘Coronavirus Covid-19 and families with disabled children’ - ‘Find other families like yours. Chat. Ask. Share. Support’. I would also highlight 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 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
Following the very welcome reception that I received last week to my update, in particular to my sharing resources available, I am going to concentrate in my update this week with bringing you other information/resources that I have found on the web this week.
I hope that this helps people again. 1. What has happened this week? Although children and young people are now officially on their Easter holidays, I know that many people who are home-schooling recently have found it quite difficult to engage their children (both with SEN and without SEN) in learning, especially if they have also been trying to work at home. There has been a bit more of a flurry of activity in the last week on the web, as many people have probably by now realised that the significant impact of the Covid-19/coronavirus situation is probably going to be here to stay for some time. Although there have been a lot of educational resources provided for children who are doing online learning, as well as lots of other useful information being provided by many people/organisations, I have tried in this week's update to boil the information below down to only those which I think are of more significant help to as many people as possible. This does not mean though that there are not other good resources out there, but I may not yet have come across these. (If you have found something else that you think will benefit others, please do let me know, so that I can tell others). I have tried to separate the below into four kinds of information, as follows: • Government information • Financial information • Educational resources • Legal information Government information The first thing that I want to highlight is current Government guidance: • First again, there is the "Coronavirus (Covid-19) Guidance on Vulnerable Children and Young People”, which you can find here. • There is also the "Guidance for Parents and Carers for Supporting Children and Young People's Mental Health and Well-being during the Coronavirus (Covid-19) Outbreak”, which you will find here. • Then there is the revised “Guidance on the Coronavirus Job Retention Scheme” which now points out those people unable to work due to caring responsibilities, can now be furloughed by their employer (which came out on 6/4/2020), which you can find about on Contact’s website here and on the Government’s website here. Financial information • There is also now clarification that are free school meal vouchers will continue for the Easter holidays, more details of which you can read about on the BBC’s website here). • There is also the fact that the Government has announced a hardship fund to provide Council Tax support to vulnerable people in households affected most by coronavirus, more details of which you find on Scope’s website here and on the Government’s website here. • In addition, there is a lovely roundup of resources currently available for people on the Disabled Children's Partnership "Coronavirus Help and Support” page on Scope’s website, which you can find here. Educational resources • In terms of educational resources, the Government has also now provided support for schools and parents with educational resources that will help children learn at home, which you can find here. • There is also a nice round up of resources that are available both educationally and generally on the Special Needs Jungle website, which you can find here. S • There is also a nice update on "Ways to keep your kids entertained during lockdown" that appears on the Scope website, which you will find here. (In addition, there are a number of websites offering educational resources, which you can find under the Twitter feed "#homelearning”). Legal information • In terms of what is happening on the law concerning SEN generally, you may benefit from the webinar presentation produced by the team at 39 Essex Chambers, which you will find on their website here. • There are also helpful articles answering questions about the Coronavirus Act 2020 and the legal duties of local authorities, education institutions and childcare providers towards children with SEN and disabilities on the Irwin Mitchell website, which you can find here. • There is also free access now to individual Chapters of “Disabled children: A legal handbook" which is in its third edition now and is written by Steve Broach and Luke Clements, which you can find on the Council for Disabled Children's website here. 2. What does this all mean? Whilst this should feel helpful theoretically, there is always a practical difficulty when you are faced with a number of different bits of information or resources, as to whether it is really helpful to you, or whether it actually just overwhelms you! The trick that I have found personally over the years, is to initially look at everything and triage it according to its benefit and importance. You then need to make a personal decision about whether that information is really useful to you or not (or whether it is also worth sending to somebody else if you don’t need it, in case it may actually benefit them, even though it may not benefit you). The worst thing that you can do though is to open up all of the above links/resources and then leave them there waiting for you to return to them at a later time. The more time that then goes by will only increase your anxiety over it. What I have found with these kind of things (and in life generally) is that it is always better to deal with something at the time, rather than leaving it until later to return to, to look at it properly. As people often say, you may actually never get the time to look at it properly. This is especially if you are now trying to work at home with children running about who need to be entertained! 3. Where can I find further information? Personally I often find it find more helpful to watch a video to help explain things to me if I am able to, rather than just reading text, which is sometimes more difficult to decipher. Finally, I would again remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle Remember also, that there are also other videos on this website, especially the one at the top of this page which explains the coronavirus and its effect clearly to children. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk.
by Douglas Silas, specialist SEN solicitor
This is my weekly update for SEN and Covid–19.
This week, rather than me just writing a wall of text for you to read (although there is that too), I am going to try to sometimes use videos that I have found on the web, which you may find useful. I hope that this helps people. 1. What has happened this week? Although a lot of people were initially quite active on the web last week during the first week of school closures and our primary 'lockdown', this week there has not been so much activity, as I fear that the novelty of doing things differently for many people may have already started to wear off. Here's a video which summarise things well...
and here's a reminder about what is happening with schools...
Also, many people with children who are at home now may be finding it very difficult to both educate and amuse them, as well as get on with their regular 'day job'. If this is you, you may find it helpful to watch the following video...
Guidance
I have seen guidance this week from the National Education Union (NEU - a teaching union), which states (I have underlined some things): 'Guidance for primary teachers - Taking care of your physical and mental health is crucial at this time: this goes for children, parents and teachers. Keeping minds active and happy, ready to return to school when the time comes is the most important factor. - Teachers working at home can only carry out a reasonable workload and this must be negotiated with staff. Teachers should not be asked to personally contact their students daily, except where they have agreed with the headteacher a system/ rota for contacting vulnerable children and families. Teachers must not use personal phones, emails or social media to carry out this contact. - Teachers should not live-stream lessons from their homes, nor engage in any video-calling unless in exceptional circumstances, with the parent. Online lessons are not desirable for primary children as the teacher-pupil interaction is not easily replicated. - Many children need a lot of guidance when working and cannot be left for long periods of time to complete complex tasks. Schools should suggest activities that children can complete on their own. We must recognise that many parents are also trying to work from home, and parents might struggle to assist with schoolwork for a number of reasons. Parents cannot be expected to become teachers. - Tasks that do not need the internet or a device such as a laptop or tablet to access them are preferable, as some children and families will not have internet access or more than one device to use. - Work and tasks should suit the age range and capabilities of the children and expected outcomes should be flexible. Try to set tasks that all pupils can complete to some degree of success, with extra and more stretching activities for the more able. - Work that can be done in bite-sized chunks is more likely to be completed than longer tasks. If there are projects, suggest how these could be broken down. - Worksheets/textbook pages for maths and English can work if they are already used in school and all children have them at home. Teachers cannot be expected to mark work. Schools should not be setting SATs tests or mocks at this time. - A list of flexible tasks that cover different areas of the curriculum allows children to choose the tasks that interest them, and the ones parents feel they can manage. - It is most beneficial and realistic to offer a variety of tasks which are done working at a table (keep these to a minimum) or while moving around, including creative tasks. 'Guidance for secondary teachers [the first two paragraphs above are the same] - Teachers should not live-stream lessons from their homes, nor engage in any video-calling, unless in exceptional circumstances with the parent. - Not all pupils will have a quiet place to work, and some will be expected to take care of younger siblings or perform household chores. - Schools should suggest activities that children can complete on their own regardless of ability level. We must recognise that most parents are also trying to work from home. Parents cannot be expected to become teachers. - Variety is key and bite-sized chunks of work are more likely to be completed and could be part of a bigger project. We cannot expect pupils or parents to replicate the classroom at home. - Set tasks that can be completed to varying degrees of success with more complex and additional tasks for the most able pupils. Tasks that require little or no access to technology are preferable in order to cater for everyone. Where schools do use technology, they should use the technology that pupils and teachers are familiar with. - A list of flexible tasks that cover different areas of the curriculum allows pupils to choose the tasks that interest them and makes it more likely that they will complete them. Post-16 learners might be able to carry out more open-ended, independent work, but structure and guidance is still needed for them. - If schools have systems set up for online lessons, these should be kept to a minimum as the interaction needed between teacher and pupils in school is high and cannot be easily replicated for a young audience, even at KS4 level. Any school which carries out online lessons must have protocols in place to protect staff and safeguard pupils, and no teacher should be expected to carry out any online teaching with which they feel uncomfortable or in the absence of agreed protocols. - At this time, teachers should not be expected to carry out routine marking or grading of pupils’ work. To do so would be to disadvantage those who do not have the resources and support available at home to make that fair. There is also other guidance, which says that children may only need 2–3 hours a day of "work" and that helping with gardening, cooking and washing can all be "educational". The Law But the main thing that people reading my updates may want to know in this section is what is actually happening in relation to the law concerning children and young people with SEN with the impact of Covid-19/the Coronavirus. I attended a webinar earlier in the week staged by 11KBW, where barristers, Jonathan Auburn and Joanne Clement covered the following issues: - the temporary closure of educational institutions - the temporary continuity directions ⁃ the powers of the Secretary of State for Education to now disapply or modify legislative provisions ⁃ the fact the 'absolute' obligation on a Local Authority (LA) to provide SEN provision in an Education, Health and Care (EHC) plan can be converted into a 'reasonable endeavours' duty ⁃ the fact that the Secretary of State for Education must first issue a 'notice' to bring this into effect and will only do so where appropriate and proportionate action is needed in the circumstances ⁃ the fact that there is no threshold for a 'notice' in the Act, but that the letter from Vicky Ford MP of 24/3/20 says that powers will only be exercised ... where necessary ⁃ the fact that a 'notice' must not exceed one month (although it could be re-issued) - the need sometimes for appropriate risk assessments to be carried out They also pointed out that there has been no modifications or disapplications of current legal duties (AT PRESENT), in relation to: ⁃ EHC Assessments ⁃ finalising EHC plans ⁃ Annual Reviews Finally, they also referred to other helpful DfE (Department of Education) guidance, including: 'Coronavirus (COVID-19): guidance on vulnerable children and young people', which they said was the most useful guidance currently on SEN provision and answered numerous questions. 2. What does this all mean? As I said in my first update, although the Government has allowed 'vulnerable' children and those of key workers to still go to school during the current pandemic, my experience has been that so far very few parents have taken this on board and many children with SEN are now being kept at home for the duration of this crisis. Also, although many schools have closed. some should remain open for caring for/educating these children and the Government initially asked special schools not to close, but some have done. There is a great difficulty for many children and young people, especially those with special educational needs, between distinguishing between doing schoolwork at school and being more relaxed at home. Whilst, as I say above, the novelty of not having to go to school and parents not having to go to work, may have initially felt very good, it is extremely difficult for many parents at the moment to keep their children continuously educated and entertained. In addition, there are always going to be good days and bad days and the advice I have seen many times (although I am not a teacher or psychologist) is that trying to force a child to learn when they really do not want to, may actually be counter-productive in the long run, particularly when remembering that parents are going to be living 24/7 with them every day. It is very important to bear in mind that there is no legal duty on parents to try to maintain the provision in their child's EHC plan whilst they are out of school and trying to do so will be an impossible task, so parents should not feel they need to try to. It seems to me that the best that can be achieved in these difficult times is to come up with some kind of alternative or different schedule for home-schooling that everyone can 'buy into'. I realise though that this is not going to be satisfactory for many people. In terms of the law itself, I believe that we are still, effectively, in the early days for me to give any definitive advice yet as to what is happening. As a 'notice' under the Coronavirus Act 2020 has not yet been brought into effect, this should mean that LAs are under the same legal duties as before in respect of assessments/timescales/maintaining provision for EHC plans, although I do believe that we should all be as flexible as we can in the current circumstances. 3. Where can I find further information? I've seen a number of videos on the web, which I think many people may find helpful, such as...
There are also a number of online resources for children and young people, including for younger children.
These even include covering simple things like taking exercise or learning how to wash your hands properly, such as...
Finally, I would again remind you of the very useful resources and information provided on the following websites:
- IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle Remember also, that there are also other videos on this website, especially the one at the top of this page which explains the coronavirus and its effect clearly to children. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk.
by Douglas Silas, specialist SEN solicitor
INTRO
There is such a lot of information out there at the moment that it is hard to absorb it all, or know what is the most relevant or important. Following the welcome reception to my update on SEN and Covid-19 last week, I have now decided to write an update weekly, which will be sent out to those who already subscribe to my normal ‘SEN Update’ emails, or who follow me on one of the social media platforms that I use (i.e. Twitter/Facebook/LinkedIn). I have also set up a new list for anyone else who wishes to receive these updates now by email. (You do not need to do this if you are already receiving this update, but I would be grateful if you could forward, post or retweet this update to others who may need it and ask them to subscribe themselves on my new website [see below] to receive the update by email, or to follow me on Twitter/Facebook/LinkedIn). I have also now set up a dedicated website at ‘www.SEN-Covid-19.co.uk’, where you can find out all the latest information in one place, to save people from having to spend their time trying to find out the important information themselves. You will see that, apart from it having new and previous updates on it, I have also designed the home page to have an (automatically) constantly updated Twitter news feed compiled from the most important feeds providing relevant and important information in relation to the impact that Coronavirus/Covid-19 is having on SEN provision for children and young people. I am also going to now follow the same style in every update with just three FAQs, which will hopefully make things quicker and easier for people to digest. 1)What is the current situation this week? There has been a plethora of information this week posted/tweeted on the internet, including information/updates on school closures, the Government’s response to educational provision in various settings, what happens now to school/LA/other public services and about lots of other things. Some of the most important information that has been issued by the Government is contained in two letters written by Vicky Ford MP, the Parliamentary Under-Secretary of State for Children and Families, on 24 March 2020. One is a more general letter and another is directed to ‘Early Years and Childcare Providers In England’. The first of these letters stated as follows: ‘Dear colleagues, This is an open letter distributed through as many of our partner organisations as possible. I would be grateful if you could circulate it as widely as possible to children and young people with Special Educational Needs and Disabilities (SEND), their parents/carers and families, and all others who support them. This is an unprecedented, uncertain and testing time for all of us due to the coronavirus (COVID-19) pandemic. It is particularly challenging for children and young people with SEND, their families, and those who work tirelessly to support and care for them. This is why, over the past week, we have made announcements and issued guidance about how we will meet the needs of children and young people with SEND during this challenging time. As the Minister responsible for SEND, I wanted to write to let you know that we are committed to doing everything possible to support you during this difficult time. We are working in partnership with many organisations, including the National Network for Parent Carer Forums and the Council for Disabled Children, to make sure we are focusing our efforts in the right places. In all our decisions, the needs of SEND children and young people and their families and carers, and safeguarding these vulnerable groups, are at the forefront of our minds. The Government published guidance about supporting vulnerable children on 22 March. It includes a number of frequently asked questions and is available at https://www.gov.uk/government/publications/coronavirus-covid-19-guidance-on-vulnerable-children-and-young-people. We have also published new guidance that provides household isolation advice for children and young people who live in residential settings, and the staff that support them. This guidance is available at https://www.gov.uk/government/publications/coronavirus-covid-19-guidance-on-isolation-for-residential-educational-settings. The guidance on supporting vulnerable children states that local authorities, nurseries, schools, special schools, colleges and other training providers should undertake a risk assessment to establish the individual needs of each child or young person with an Education, Health and Care (EHC) plan. This assessment should incorporate the views of the child or young person and their parents. This will inform the decision about whether they should continue in school or college, or whether their needs can be met at home safely. If needs are best met at schools or colleges, we will support their school or college to meet their needs, wherever possible. For those on SEN support, schools, colleges and local authorities have discretion to use the same risk judgement to decide whether home or school is the safest setting for these children. It is, however, important that as many children as possible remain at home during this time in order to help reduce transmission rates. On 19 March, the Government introduced new legislation into Parliament, in the form of the Coronavirus Bill (‘the Bill’), in response to the outbreak (https://services.parliament.uk/bills/2019-21/coronavirus.html). Our overwhelming aim for SEND, through the Bill and the proposed changes to regulations that are to follow, is to balance the needs of this vulnerable group to receive the support they need with managing the demands on local authorities and health bodies to respond to this outbreak. As a result, we have included in the Bill temporary emergency powers to enable us, where necessary, to modify the legal requirements on local authorities in fulfilling their duties in relation to EHC plans. In practice, this will mean that where a local authority is, because of the outbreak, unable, for example, to put in place stated provision, they will need to use their reasonable endeavours to do this, but won’t be penalised for failing to meet the existing duty as set out in the Children and Families Act 2014. These emergency powers will only be exercised for the shortest period and where necessary, and will be regularly reviewed. We will also be seeking to amend regulations on the timescales for EHC plan processes where this is appropriate because of COVID- 19. I want to reiterate that these decisions are not taken lightly but I believe strike the right balance in these difficult times. I encourage you to keep up to date by regularly checking the www.gov.co.uk webpages, and raise awareness of the DfE Coronavirus helpline we have established for local authorities, providers and parents to get information on the latest Government advice. The number is 0800 046 8687, and lines are open 8am-6pm (Monday – Friday), and 10am – 4pm (Saturday and Sunday). I realise that the impact of these extraordinary circumstances on this group of children and young people can be particularly acute. This is why I have asked the Council for Disabled Children, in partnership with Contact, to ensure that their websites and forums regularly update both families and services on information, which is available to support them. I have also asked them to collate any questions and queries from stakeholders so that we can maintain as many routes of contact as possible into Government to ensure our actions continue to be focused on prioritising where help is most needed. The challenges we are now facing serve to further highlight the importance of ensuring the system of support for children and young people with SEND is as effective as possible in the future. Rest assured that completing our review of the SEND system remains a priority for me and for the Government. In light of the current situation, we will think carefully about the right way and timescale to do this. Right now my focus, like yours, is on managing the current situation and keeping vulnerable children safe and supported. I know that by working together, we can ensure that children and young people with SEND receive the support they need during this difficult time. Yours sincerely, Vicky Ford MP Parliamentary Under-Secretary of State for Children and Families’ The second of these letters stated as follows: ‘Dear colleague, LETTER TO EARLY YEARS AND CHILDCARE PROVIDERS IN ENGLAND The early years and childcare sector is vital to the country’s response to the COVID- 19 outbreak. On behalf of the Prime Minister and the entire Government, I want to thank you for all you are doing to care for for the youngest children in our country, as part of the fight against COVID-19. I recognise that you will have the same concerns as the rest of the country about your health and that of your families. I am deeply grateful for the civic spirit and dedication of everyone working in early years and childcare, and I will continue to provide my full support throughout this challenging time. As the Prime Minister made clear on Wednesday 18th March, the coming weeks will require a community effort to deal with a challenge greater than most of us have ever faced in peacetime. The childcare sector is full of resourceful, ingenious and resilient people and I am confident that together we will overcome this challenge. As a country, our priority must be to reduce the spread of the COVID-19 virus. Last week it became clear that the spike of the virus was increasing at a faster pace than anticipated and it was crucial to implement the right measures to arrest this increase and to relieve the pressure on the health system. To do this, and provide parents, children and staff with the certainty they need, we announced that schools, colleges and childcare settings (including nurseries, pre-schools, childminders and wrap around childcare for school aged children) would close to everyone except children of critical workers and vulnerable children from Friday 20 March, as part of the country’s ongoing response to COVID-19. This decision was made to limit the spread of the virus. That is why the Government has asked parents to keep their children at home, wherever possible. Keeping as many children at home as possible is essential to protect the NHS and save lives and I ask for your support in ensuring this advice is understood and followed by families in your communities. We have asked you to continue to provide care for a limited number of children - children who are vulnerable, and children whose parents are critical to the COVID- 19 response and cannot be safely cared for at home. Childcare settings should not provide care for children who do not meet these criteria. Guidance for childcare providers to follow on this can be found here. I recognise that we have asked a lot of the sector at very short notice, and that you will be thinking carefully about how you might provide high quality and safe care for a smaller number of children than usual. I understand that some of you may be unable to do so, especially if you are experiencing severe staff shortages due to ill- health or self-isolation. Your local authority will be assessing the needs of your community and talking to you about how to best organise childcare for vulnerable children and children of key workers. The Emergency Bill we published on Thursday 19 March seeks temporary powers to make changes to childcare regulations in order to help local authorities respond to pressures from this outbreak, without being in breach of regulatory requirements, as well as addressing the legal issues around closures of school and other education settings. The health, safety and well-being of children must be our first consideration. I continue to expect childcare to take place only within existing registered early years and childcare settings. In line with its duties as a regulator, Ofsted will consider legal enforcement action against those who set up unregistered childcare. I know that many of you will be concerned about the future of your childcare businesses and the jobs that depend on them in these uncertain times, and I have set out below some of the measures Government has already announced to support businesses during this period. We are working hard to mitigate the impacts of COVID-19 on all parts of our society, including individuals and business and I strongly urge all providers to be sensitive to the financial burden that you are passing on to parents, given the great uncertainty that they will be facing too. Last week the Secretary of State for Education announced that entitlements funding will not be clawed back from local authorities, even where settings close or children were not able to attend due to COVID-19. I know that local authorities will want to honour this position and pass funding onto providers as if things were ‘usual’ – I have made clear that this is my firm expectation. In addition, the Chancellor has announced a package of support for workers and businesses, this includes: - Childcare providers will be eligible for a business rates holiday for one year. That means non-local authority providers of childcare (registered with Ofsted and providing EYFS) will pay no business rates in 2020-21, from 1 April. Local authorities are working to implement this and guidance has been published. -Nurseries in receipt of small business rate relief or rural rate relief will benefit from small business grant funding of £10,000. This includes nurseries who are eligible for a charitable status relief – they will also pay no business rates at all in 2020-21. - Some settings operate from shared spaces which may now benefit from a 100% rates relief. I strongly encourage those settings in shared spaces to request that any business rate savings be reflected in their rent charge. - The Coronavirus Job Retention Scheme means that for employees who are not working but kept on payroll, the Government will contribute 80% of each worker’s wages of up to £2,500, backdated to 1 March 2020. Providers can access this scheme while continuing to be paid the early entitlements funding via local authorities. For many pre-schools and nurseries we know that staffing is their largest expense, so this will make a significant contribution to help manage their outgoings. - The Business Interruption Loan Scheme will now be interest-free for 12 months (rather than six). - VAT payments due with VAT returns between now and end June 2020 will be deferred, meaning UK VAT registered businesses will not need make those payments until the end of the financial year. - Working tax credit has been increased by £1,000 a year. - £20 per week increase to the Universal Credit standard allowance and Working Tax Credit basic element has been increased by £20 a week. - Local Housing Allowance rates for Universal Credit and Housing Benefit have been increased so that it covers the cheapest third of local rents - The minimum income floor for Universal Credit will be temporarily relaxed. - The Government is also supporting the self-employed by deferring income tax self-assessment payments due in July 2020 to January 2021. This is also an automatic offer with no applications required. More details are can be found here. The Department for Education has set up regular contact meetings with representatives from across the early years sector, including Early Years Alliance, the National Day Nurseries Association, the Professional Association for Childcare and Early Years, as well as with local authorities. This is to ensure we continue our close work with the sector to rapidly identify the most effective ways to mitigate the negative impact of these closures. The Government is committed to supporting settings through this pandemic. The vital service that you provide will be key to supporting families and the wider economy to get back to work once we have beaten the pandemic. Yours sincerely Vicky Ford MP Parliamentary Under Secretary of State’ But probably the most important thing was that the Coronavirus Act 2020 was enacted on 25thMarch 2020 and the previous explicit and non-delegable (i.e. absolute) duty on LA’s to provide special educational provision contained within Education, Health and Care (EHC) Plans has now been watered down (as anticipated) to there only now been a ‘reasonable and endeavours’duty to deliver provision. However, it is also important to note that, in order for this to come into force, the Secretary of State for Education has to issue a notice to allow for this and the notice must also explain why issuing the notice is considered to be necessary and proportionate. Also, parents who consent to changes or reductions to their child’s provision during the Coronavirus outbreak, will not be considered to have agreed to a permanent change to their child’s needs as set out in their EHC Plan and any changes to the support outlined in the EHC Plan during this period will also be taken as temporary changes only. It is also important for me to point out that there will be some children and young people who may be at significant risk if their educational, health and care needs cannot be met (including those with profound and multiple learning difficulties, or those already receiving significant levels of personal care support at an educational setting) and, as far as I know, LA’s still need to ensure that there are educational settings still open for these children and there should be a risk assessment done for each child or young person. In other news, I have seen a number of organisations and Government departments offering practical advice or resources to people and some LAs have also informed parents that home to school transport is no longer available to them. 2)What does this all mean? It is extremely clear that, although we are only a week into school closures and only a short while into the Coronavirus pandemic, that we are already in a real crisis situation across the world, so it is important for us all to realise that everybody is doing the best that they can and it is going to be very critical for us to be as flexible as possible. However, I have heard many commentators say that already it feels like children and young people with SEN or disabled people generally are quickly being forgotten and sacrificed. As I said last week, children with EHC Plans are considered to be ‘vulnerable’ and should continue to receive educational provision, but I have spoken to many parents already who have sought my advice and who have explained to me that their child’s school has closed, that their child does not yet have an EHC Plan, or that their school has only been kept open to allow for educational provision to really continue to care for children of ‘key workers’ (although it should also be for children with EHC Plans). Some have told me that they have refused or are reluctant to send their child into school because that will inevitably mean they will be out of their normal routine (which may affect them negatively) or not get the specialist teaching or support even that they require. Some have even been very blunt with me and have said that they do not wish for their child to come into contact with other children whose parents are key workers who may be at higher risk of contracting the virus and thereby then expose them to a significant danger, or allow them to then potentially bring the virus into their own home. One of the most frequent questions I have had is about things like lack of continuing provision of specialist teaching or therapy provision; or it no longer being provided due to practical difficulties or lack of resources/staff. There are also situations where parents now find themselves paying for independent schools to continue securing their child’s place there when they re-open (as they have closed already), so their child is no longer receiving any educational provision, or cannot access any online tutoring that is being made for the majority of other children at the school. Some are even a bit incensed that the school may be continuing to be paid by the LA for additional provision which their child is no longer receiving. Of course, some of the above are general problems which affect many people, but some situations are individual to particular cases and it is extremely hard for me to comment or advise on many situations until I have the full facts. However, I would say in general that one of the most important things to do at the moment is to speak with and maintain communication with the relevant school/LA and see what can be done, including the diverting of funds/resources, or the provision of specialist teaching/therapy remotely through video conference facilities (such as Skype, Zoom, etc). 3)Where can I find further information? As I said at the beginning of this update, there is now a plethora of information out there and the best information I have come across are on the websites of the following people/organisations: - IPSEA; - Council for Disabled Children; - Contact; - Scope. Finally, I want to close this update by saying that you/your children may also find it helpful to watch this excellent coronavirus video to help children understand the virus and to offer them comfort and reassurance in these worrying times, which you will find here. Keep safe. With best wishes, Douglas P.S. I also want to highlight the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps, which you need to be aware of. Please be extremely careful and help yourself and others to not become victims. You can learn more about the different types of scams at: www.FriendsAgainstScams.org.uk. FACTS AND FAQs ABOUT SEN & COVID-19
As many people, both professionally and personally will already be aware, many schools are now closed because of the COVID-19/coronavirus pandemic.
I thought that it would therefore be helpful to compile here as much (clear) information as I can from what we have gleaned on the internet, about what happens to SEN provision now, which I have done in the style of FAQs (Frequently Asked Questions). (1) What is the current situation? The Secretary of State for Education announced that most schools were to close on Friday 20 March 2020, but that education was going to still be provided for some categories of children/young people (considered to be ‘vulnerable’), as follows: - Those with social workers; and - All children with Education Health and Care (EHC) Plans. The Government guidance also said that it wanted to keep parents in work who are doing vital jobs to support crucial sectors that ensure the country continues to function amid the coronavirus pandemic. Therefore, a skeleton network of schools and nurseries is set to remain open. Special schools are expected to remain open during the closures. The Government is also advising parents to speak to their LA if their child’s school is closed and it will then be their duty to redirect them to a local school that their child can attend, if necessary. The Government guidance further says that, if it is at all possible for children to be at home, then they should be, but if a child/young person needs specialist support, is vulnerable or has a parent who is a critical worker, then educational provision will be available for them. It is not yet known whether all schools will remain open. The government though is encouraging Local Authorities (LAs) to keep residential special schools and specialist colleges open if possible. Teachers and other staff will continue to work, but many will now do so remotely/online. Finally, the guidance has said:‘We should like to reassure parents that they are the best judge of what is right for their child and will not be penalised for keeping a child at home.’ (2) What does this mean? Theoretically, this means that schools are being asked to continue to provide care for a number of pupils whose parents are ‘key workers’,* but they will be closed to the majority from Monday 23 March 2020. Also, provision will still need to continue for children/young people with EHC Plans. Special schools should remain open during the closures, whilst educational settings generally will continue to cater for vulnerable children and pupils whose parents are key workers. LAs still have an obligation to carry out EHC assessments, but staff may be unable to meet deadlines. Yet, what this means in practice has not been clarified at the time of my writing this, so it is very hard for me to say at this stage exactly what the practical implications will be. There is also not enough info or guidance yet on how therapy/provision will/can be provided outside of school. It seems though that the majority of children/young people who receive SEN support, but do not have an EHC Plan will be expected to stay at home, unless they have a social worker or parent/carer who is a key worker. All I would say is that the strict legal duty for the LA now to ‘deliver’ provision in an EHC Plan and all children/young people may be watered down and children/young people are expected to continue to attend school if they have one parent who is classified by the government as a key worker. Finally (in summary) Government guidance also says the following: - If it is at all possible for children to be at home, then they should be; - If a child needs specialist support, is vulnerable or has a parent who is a critical worker, then educational provision will be available for them; - Parents should not rely for childcare upon those who are advised to be in the stringent social distancing category, such as grandparents, friends, or family members with underlying conditions; - Parents should also do everything they can to ensure children are not mixing socially in a way which can continue to spread the virus and they should observe the same social distancing principles as adults; - Residential special schools, boarding schools and special settings should continue to care for children wherever possible. (3) Can you refer me to any other resources about what is happening? There are a number of useful resources now on the internet, which can provide helpful information, which you will find on the websites of the following: - Council for Disabled Children - IPSEA (including a SEND Tribunal Update) - Scope
*Who are ‘key workers’?
The Department for Education has published a list of “key workers” whose children will be prioritised for schooling during general closures. The best summary I have seen was on the ‘Evening Standard’s website and said as follows: ‘The Department for Education said: "If your work is critical to the COVID-19 response, or you work in one of the critical sectors listed below, and you cannot keep your child safe at home, then your children will be prioritised for education provision." (a) Health and social care - This includes frontline health and social care staff - such as doctors, nurses, midwives, paramedics, as well as support and specialist staff in the health and social care sector. In addition, those working in supply chains, including producers and distributors of medicines and personal protective equipment are included. (b) Education and childcare - This includes nursery, teaching staff and social workers, as the department said these workers are required to deliver their plans. (c) Key public services - Those required to run the justice system, religious staff, as well as those responsible for managing the deceased and journalists providing public service broadcasting are on the list. (d) Local and national government - The list "only includes administrative occupations essential to the effective delivery of the Covid-19 response or delivering essential public services", including payment of benefits. (e) Food and other necessary goods - The list includes those involved in the production, processing, distribution, sale and delivery of food. (f) Public safety and national security - Police, support staff, Ministry of Defence civilian staff and armed forces personnel are on the list, along with fire and rescue staff, as well as those responsible for border security, prison and probation staff. (g) Transport - The list includes those who will keep "air, water, road and rail passenger and freight transport modes operating during the COVID-19 response". (h) Utilities, communication and financial services - Staff required to keep oil, gas, electricity, water and sewerage operations running are on the list, along with those in the civil nuclear, chemical and telecommunications sectors. Those in postal services and working to provide essential financial services provision are also included. |
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Authorised and Regulated by the Solicitors Regulation Authority (SRA no: 643718)
‘Douglas Silas Solicitors’ is the trading name of ‘Douglas Silas Solicitors Limited’, a limited company registered in England & Wales (company no: 10689991), whose registered office is Gable House, 239 Regents Park Road, Finchley, London, United Kingdom, N3 3LF. A list of members/directors may be inspected at our office.