All Party Parliamentary Group on Dyslexia and other Specific Learning Difficulties December 1st 2015 Minutes Attendees: Lord Addington (LA), Graham Evans MP (GE), Sharon Hodgson MP (SH), Henry Smith MP (HS) Speakers: Chris Bath (CB) FRSA, Chief Executive of the National Appropriate Adult Network (NAAN); Dr Sheena Bell (SB), Senior Lecturer (SEN and Inclusion) University of Northampton; Melanie Jameson (MJ) Dyslexia Adult Network; Margaret Mulholland, (MM) DfE ITT SEND Framework Working Group; Observers: Katrina Cochrane (KC) Head of Education & Policy BDA, Lynn Greenwold (LG), CEO Patoss; Stephen Hall (SH) Operations Director Dyslexia Action; Paul Milton (PM) B.D.A Ambassador for Art's and Dyslexia; Mrs Nixon. 1. Minutes - Approved 2. Apologies Kelvin Hopkins MP, Ian Liddell-Grainger MP, Baroness Grey-Thompson, Baroness Garden, Baroness Brinton, Caroline Ansell MP, Ronnie Cowan MP, DCC Ephgrave, Sir Jim Rose. 3. Screening for dyslexia in secondary schools Speaker: Dr Sheena Bell (SB), Senior Lecturer in SEN and Inclusion in the School of Education, The University of Northampton and member of CeSNER: Centre for Special Needs Education and Research. Sheena’s specialism is dyslexia and interested in training specialist teachers and assessors. SB said students are at risk of being marginalised as they are at risk of slipping through the net as teachers in schools & FE have very little training in dyslexia or SEN. ITT focuses very much on the delivery of national curriculum. SB said screening was needed in secondary but the results need evaluating to inform support. SB said we are still way behind, as Rose suggests, addressing what is really needed and that is putting a dyslexia specialist in every school. It should not be an additional role for the SENCo. SB said the schools that were doing well had specialist teachers but the changes in the SEND Code of Practice has apparently caused many of these children to be abandoned due to attentions being diverted to those with more complex needs who receive support through EHC plans. There’s much more reliance on memory and speed of processing. The consequences of which for young people are poor results. I believe there’s a financial obligation for all of us to be supporting students in secondary schools and a massive cost in terms of mental health. My key message is that we need more screening but we also need training for specialists in schools so the appropriate support can be implemented. 4. ITT SEND Framework Margaret Mulholland (MM) explained that the DfE ITT SEND working group was formed following the Carter Review recommendations to establish a SEND framework for ITT. We have been collating evidence to help us define what that should look like. We had a round table discussion with third sector providers. There is a great deal of consensus and support for a framework and the importance of SEND within that framework. MM said there was still a way to go on consensus and progress. LA stated he had gathered a group together to look at the SEND content in ITT as there had been recommendations from at least 39 different reports saying SEND should be included. LA said the group would either be a spur to the group or a lifeboat to repair something from it. It’s important to remember that we are not the only show in town. The idea was to get some basic awareness package through to politicians that was doable. The experience of every parent I have spoken to says there should be something in ITT now. There are debates out there, not everyone is on side. 5. Safeguarding the evidence gathering in the criminal justice system: Speaker: Melanie Jameson (MJ) chair of Dyslexia Adult Network and experienced trainer for the justice/criminal justice sector explained when someone with SpLDs is 'vulnerable' or needs 'special measures'. MJ said that SpLDs are characterised by information processing and memory difficulties. During a police interview, interviewees need good listening skills, the ability to remain focused and express themselves clearly. However, people with SpLDs may not recall details correctly, may muddle the order in which events occurred and misinterpret questions put to them. All this gives an impression of unreliability and non-cooperation. MJ said the various police risk assessment tools used in custody will not pick up people with SpLDs and that medics who fulfil the role of Healthcare Professional are not trained in these conditions. SpLDs may not be a ‘mental or physical impairment’ as in the Equality Act’s disability definition but it is disabling and needs to be recognised as a ‘cognitive impairment’. MJ referred to a case study from the Good Practice Guide for Justice Professionals (see MJ’s briefing paper). She also mentioned a response from the (former) Office for Criminal Justice Reform in relation to her inquiry concerning the use intermediaries which confirmed … “people with Specific Learning Difficulties are eligible for intermediary assistance” and it was stressed that the term ‘communication’ in the Youth Justice & Criminal Evidence Act should be given a wide interpretation. MJ concluded: “It is necessary to recognise that there are vulnerabilities arising from SpLDs and if this is not recognised the criminal justice process will be flawed. From the point of view of the CJS the question should be: When an individual is questioned by the police how can he/she be enabled to participate fully in the process?” Speaker: Chris Bath (CB) FRSA, Chief Executive of the National Appropriate Adult Network (NAAN). Chris updated the APPG on the progress of the Working Group set up by the Home Office in response to the There to Help report. NAAN wants to see statutory provision of appropriate adults for all mentally vulnerable adults who are detained or otherwise questioned by police, as already exists for children. CB said NANN was responsible for setting national standards and helping practitioners to do a better job. CB spoke of an 18-year-old with a mental capacity of 8, who had dyslexia & was ‘wrongly’ arrested and questioned for murder. CB said it transpired he had nothing to do with the offence. The Police and Criminal Evidence Act (PACE) 1984 followed and the Appropriate Adult rule was brought in to ensure a fairer process for the detainee. CB pointed out that AAs are not there to give legal advice. It’s about helping them to understand the significance of what is happening. CB said there had been cases of children and vulnerable adults in custody for some 12 hours not understanding their rights. CB added just 3% who are identified as vulnerable get an AA. By 2017 liaison diversion staff will be in place tasked with screening at 10 original trial sites. We want to see this across the board. Everyone that is vulnerable deserves to have that. Everyone needs to recognise that this cohort of people may not fit directly into one strategic plan. Home Office is concerned that vulnerable adults are not getting the support they need and have set up a working group to look at a range of options, although money is an issue. Case Study: Richard Nixon (RN) – believes the combination of his Asperger Syndrome and Dyslexia made communication an issue in the criminal justice system (see attached paper). RN says he was denied an Appropriate Adult despite having a diagnosis of Aspergers and dyslexia. RN believes all vulnerable adults should be treated the same by the justice system whether it is in a police station, a court room, a prison or probation office with the automatic provision of an appropriate adult / intermediary for any formal interview, hearing or meeting. RN was diagnosed with Dyslexia aged 11 following concerns he was top of the class for mathematics but bottom for literacy. Dissatisfied with the lack of support from Surrey CC his parents moved him to a private school. He was given extra literacy support from his mother, a retired SEN teacher. He went on to achieve 5 GCSEs, 2 A Levels, a degree and PGCE qualification. With a formal diagnosis of dyslexia he was entitled to 25% extra exam time. RN spoke of his arrests by Sussex Police on 7th Oct 2013 and 25th Nov 2013 where he said he was denied an appropriate adult for the 1st police interview but provided with an appropriate adult for the 2nd interview because he provided the custody sergeant with an alert card about his Autism and dyslexia. RN thinks it shouldn’t be for a custody sergeant to decide what the degree of difficulties/disability a person with a learning difficulty, autism or mental health has but to provide the support if the person has a warning card and/or diagnosis. RN said that it was his combination of his Asperger Syndrome and Dyslexia that made communication an issue and exacerbated his stress. RN referred to the Police and Criminal Evidence Act (PACE) CODE C 1.4 ‘If an officer has any suspicion, or is told in good faith, that a person of any age may be mentally disordered or otherwise mentally vulnerable, in the absence of clear evidence to dispel that suspicion, the person shall be treated as such for the purposes of this Code’ & 1G. Following his experiences of the CJS, RN said he would recommend: The Pegasus Scheme run by Surrey and Sussex Police should be national to cover every police force in the UK. All people with a diagnosis of SpLDs, Autism or Mental Health Disorder should be issued with a Pegasus Scheme alert warning card. The check list used by custody sergeants in UK police stations should ask questions about whether suspects have a SpLD and Autism in addition to the existing question on Mental Health problems. It should be mandatory not advisory that a person with a diagnosis of a SpLD, Autism or Mental Health Disorder is provided with an appropriate adult in a police station interview. It should be mandatory that person with diagnosis of a Specific Learning Difficulties, Autism or Mental Health Disorder is provided with an appropriate adult/intermediary for all court hearings whether criminal, family, civil or tribunal and that it should not be subject to a judge’s decision whether the appropriate adult/intermediary is provided. APPG for Dyslexia and SpLD, Autism or Mental Health should hold a joint enquiry into the whole justice system and vulnerable adults with Mike Penning MP, Minister of State who has strategic oversight of the criminal justice system reporting jointly to the Justice and Home Secretaries invited to attend the meeting. LA: 50% of prison population can’t read. ‘SB in relation to identification and teaching people have you actually seen anything that works?’. SB: ‘If anything a trained dyslexia supporter. One of things they are trained to do is to look at the context of that person, transitions in that person’s life. There has to be recognition for this in the work place. Without appropriate identification and trained practitioners to work with people we are not going to get continuity. We are not catching these people early enough and not giving enough support to them’. RN: ‘We need to develop a better primary education system that meets everyone’s needs’. LA: ‘There’s agreement here that we have a problem, in a society that’s dependent on the written word’. PM: ‘I agree with everything that has been said. I meet so many people with dyslexia who are in tears because they are struggling including a girl who was bullied because of it, she had her head shoved down the toilet’. LA: ‘We need better interventions earlier. There are some dyslexics who learn to read at a basic level at primary school but their knowledge is not secure enough for them to read to learn’. SH: ‘I was responsible for overseeing support in two secondary schools. It was a real challenge getting information from primary schools. Even when schools do have the information they don’t necessarily pass it on. There’s quite a few secondary schools seeing their funding squeezed’. LA: ‘If we get some identification about what’s actually happening it makes what we are doing very relevant’. SH said her 24-year-old son is severely dyslexic and if he was asked ‘do you have additional needs’ the answer would be yes. He would not be able to cope alone. SH told how her son was punished by being made to write out his rules at home. SH said it was the most inappropriate punishment for a dyslexic like asking a disabled person to run a marathon. SH said she made her son a makeshift ID card, which proved to be invaluable, because he couldn’t defend himself verbally if he got into a confrontational situation. He would cry as he couldn’t communicate and explain what was happening. LA confirmed it is important to convey information in an accurate way. MJ mentioned she had developed an awareness sheet. LA asked what sort of preparation we need to get to this level of awareness? What does the average teacher need? LG stated the average teacher needs dyslexia awareness. SH said it should be compulsory. LA agreed: ‘We need some awareness built in’. MJ: ‘There are some people who won’t realise they have a SpLD if they are struggling’. SB: ‘One of the things we are trying to develop with my international project is to develop a passport to employment which they could take to interviews and it could detail their reasonable adjustments’. MM mentioned a digital passport called ‘wikis’ which are being used in relation to EHC plans which scaffolds children’s strengths details what the needs are. CB said these are the sort of people that will come through the criminal justice system and ‘we need to turn off the tap. Where there’s a lack of provision for support they choose not to identify them’. CB added that because the provision of AAs is not there consequently fewer are being allocated and about 235,000 interviewees are not getting the support they need. Dyslexia was considered not to be worthy of sending an AA. RN said he now has a registered mediator who supports him. LA ‘The judge is the sole arbitrator of fact. Are we agreed on a few basics here: that the identification and disclosure pattern is extremely important to what we are talking about? Those in power of authority have to change behaviours slightly to get the best out of their client. We need some form of ID that is easy to understand but catches someone’s attention’. LG added: ‘ID needs to be linked to appropriate support’. MG The autism alert cards are only given to those who have been diagnosed. LA: An ID process is needed. LA suggested people feed into an awareness package so members of the group can be informed. 6. AOB: SA pointed out that the APPG Briefing Paper highlights how Dr Iain McKinnon, Hon Senior Clinical Lecturer/Consultant Psychiatrist of the Institute of Health and Society of Newcastle University has piloted an Evidence-Based Risk Assessment Screening computer programme with the Met in London called ‘The HELP-PC Study’. He believes it is a marked improvement on the custody sheet in identifying need and signposting to the appropriate support but it still needs further development. It is geared mainly at identifying the most severe needs but he is open to the possibility of it being developed to accommodate those with SpLDs. Katrina Cochrane, Head of Education and Policy at the BDA, mentioned training that has been undertaken by the BDA in partnership with Dyslexia Action for the Youth Offending Teams could be adapted for Appropriate Adults Group Secretariat correspondence address: Stephanie Anderson, Dyslexia Action, 10, The High Street, Egham, Surrey, TW20 9EA.Tel: 01784 222300