Alliance for Inclusive Education (ALLFIE)
Children and Families Bill’s Proposed Amendments for
consideration at Committee stage March – April 2013
Please find enclosed ALLFIE’s list of amendments that we would ask you as
MPs to consider tabling, in order to generate debate during committee stage.
ALLFIE’s proposed amendments will ensure that:
 All children and young people with and without SEN enjoying the same
rights to participate in mainstream education.
 All children and young people with SEN having the same entitlements
and arrangements to participate in mainstream education and special
educational provision, regardless of where they are being educated
within the mainstream sector.
ALLFIE would welcome the opportunity to discuss any of these proposed
amendments.
Simone Aspis 0207 737 6030 and 07795 142 108
In addition, ALLFIE supports other amendments that will strengthen the rights
of children and young people with SEN to mainstream education.
 Mainstream course entitlement in Post-16 Institution
Purpose of Amendment
To give children and young people with SEN the entitlement to participate in
mainstream courses provided by mainstream post-16 institutions.
Why is the amendment needed?
Whilst ALLFIE is pleased the ‘presumption for an entitlement to mainstream
education’ for children and young people with SEN, however, this could
potentially only be limited to sharing a building with their peers. We very much
hope that if it is the intention of the Government that children and young
people with SEN to be enrolled on mainstream courses whilst attending post16 institutions, then ‘presumption for mainstream’ must include the enrolment
onto mainstream courses.
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In 2011 the Local Government Association reported that young people with
learning difficulties were being directed to further education provision with a
limited choice of courses that provide sufficient challenge. 1 This finding
supports ALLFIE’s evidence that a significant majority of young people with
learning difficulties were and continue to be placed on discrete courses, such
as ‘preparation for independent living’ or employment courses whilst at
college. This is a situation which has not changed since 20082. The Learning
Skills Council also reported that during 2008 young people with learning
difficulties were four times more likely to be enrolled on ‘preparation for
independent living’ or employment learning programmes than on a
mainstream accredited course. On those occasions, when further education
colleges enrol young people with learning difficulties onto mainstream courses,
of their choice, they feel sufficiently academically challenged.
"I did a BTEC 1st and National Diploma in Performing Arts. When I was
19 I went on to do an HND in Performing Arts. I think what it felt like
being in mainstream schools and colleges are that you get to meet your
best friends in life. In mainstream school and college you get support all
the way - which is what I've had, and that's why I think it's great to be in
an inclusive learning environment." Ellen Goodey3
The value of mainstream education may be about academic achievement, but
can also be about, as in Ellen’s case, much wider achievements.
What would be the result?
Children and young people with SEN would be entitled to attend mainstream
courses provided by mainstream post-16 institutions.
 Mainstream course entitlement in a school Institution
Purpose of Amendment
1
http://www.nfer.ac.uk/nfer/publications/SENT01/SENT01.pdf
LSC (2008) “Review of provision for Learners with LLDD in West Midlands 2007-08”
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Alliance for inclusive Education’s Manifesto
2
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Provide children and young people with SEN with the entitlement to
participate in mainstream courses provided by a mainstream school institution.
Why is the amendment needed?
Whilst ALLFIE’s welcomes the retention of the ‘presumption of mainstream’, it
should not be limited to sharing the same building with their peers without
SEN. ALLFIE very much hopes that if it is the Government’s intention that
children and young people with SEN should be enrolled onto mainstream
courses, engaging with learning activities whilst attending a mainstream
school institution, then the ‘presumption for mainstream’ must cover
enrolment onto mainstream courses also.
ALLFIE is aware of an increasing number of mainstream schools providing fulltime discrete personal and social development courses for learners with
learning difficulties. As a result children and young people are denied
opportunities to develop their knowledge and skills in a broad subject based
curriculum that enables them to access mainstream courses in post-16
institutions. ALLFIE believes the provision of segregated courses has
increased since the Government removed an entitlement to national
curriculum for all school pupils (including those with SEN). For this reason we
believe it is absolutely essential that children and young people with SEN must
be entitled to attending mainstream courses whilst in a mainstream school.
Drafted amendment
The suggested amendments would cover both mainstream schools and post16 institutions
What would be the result?
Children and young people with SEN would have the entitlement to attend
mainstream courses provided by mainstream school institutions.
 Special Academies admissions outside SEN framework
Purpose of Amendment
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That Special Academies will only be able to admit children if they have an
Education, Health and Care Plan (ECHP).
Why is the amendment needed?
ALLFIE is very concerned that parents will be put under increasing pressure to
agree to Special Academy placements, outside the SEN legal framework, and
will therefore loose their rights to appeal against an education placement.
ALLFIE believes this provision will erode existing rights and opportunities for
parents, disabled children and young people with SEN to use the tribunal
appeal process for a mainstream school or post-16 institution placement. The
1996 Education Act highlighted this as an issue and therefore made it clear
that all children and young people with SEN placed a special school must
benefit from the SEN legal framework.
What would be the result?
Children and young people with SEN and their parents will have the same
rights and SEN legal protections when attending a maintained or Academy
school. More importantly, having a EHCP provides children, young people
with SEN and their parents with the right to a tribunal appeal process, if
mainstream education is desired at a later date.
 Children with SEN with and without EHCP having the same entitlement
to SEN Provision whilst in school and post-16 education.
Purpose of Amendment
To ensure all children and young people with SEN have the same entitlement
to special educational provision.
Why is the amendment needed?
Children in schools
Children and young people with SEN without ECHP have no absolute
entitlement to SEN provision. This is because school governors only have to
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use their ‘best endeavours’ to secure the SEN provision that the pupil requires
rather than an obligation to provide the support that is required.
Children and young people with SEN/EHCP currently have an absolute
entitlement to SEN provision, because the duty falls on the local authority, who
cannot take resources into account. Imposing a duty upon mainstream
schools to arrange SEN provision has become even more important now
schools have greater autonomy over their budgets, and in the way in which
they fund the additional support requirements for pupils from the financially
disadvantaged and those with SEN.
Young People attending post-16 institutions
Currently young people with SEN but without a statement/EHCP have NO
entitlement to SEN provision when attending post-16 education. This is
because post-16 institutions can choose how to fund the support they provide
to young people with SEN4. Too often this funding is used to subsidise learning
foundation courses for students with learning difficulties. For this reason many
young people with SEN are denied a right to choose which course they enrol
on because they cannot be sure they will get the support they need to
participate. For this reason a very high proportion of young people with SEN
and without EHCP have been and will continue to be placed onto learning
foundation courses. However, children and young people with SEN and ECHP
could now have an absolute entitlement to SEN provision thus enabling them
to enrol onto mainstream courses of their choice. This is because resources
related to an EHCP are attached to the individual young person with SEN.
What would be the result?
Children and young people with SEN with and without an EHCP will have the
same entitlement to SEN provision. If the school or post-16 institution is
unable to secure the SEN provision for whatever reason, then the local
authority must take over and arrange the provision.
4
Young People’s Learning Agency Funding Guidance for 2009-2010
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 Local Authority’s power to place children and young people into special
school or post-16 institution
Purpose of Amendment
To remove the local authority’s power to place children and young people with
SEN in special schools and post-16 institutions.
Why is the amendment needed?
If the Government believes in the ‘presumption of mainstream education’ and
choice, then all children and young people with SEN and their parents must be
offered a mainstream school or post-16 institution. Allowing Local Authorities
(LA) to place children and young people with SEN into segregated provision is
contradictory to the CFB’s “presumption of mainstream” principle. Moreover,
LAs are under a duty to eliminate disability-related discrimination, and to
advance the equality between disabled and non-disabled children and young
people under Equality Act 2010 S(149). Allowing LAs to continue placing
children and young people with SEN into segregated provision does not
advance equal opportunities – quite the reverse - it promotes inequality
between disabled and non-disabled children and young people with SEN.
What would be the result?
Local Authorities (LA) will be prevented from naming a special school or post16 institution into the child or young person with SEN’s EHCP. Also LAs will be
prevented from insisting on alternative provision to mainstream or pressuring
children and young people with SEN and their parents into accepting a Special
Academy placement outside the SEN legal framework.
 Children and Young People with SEN assessment in a special school or
post-16 institution to be removed
Purpose of Amendment
All SEN assessments must be carried out within mainstream school or post-16
institution.
Why is the amendment needed?
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If the ‘presumption for mainstream’ principle is retained in the CFB, it follows
that a child or young person with SEN should have their education, health and
care assessment within a mainstream education setting. Assessing children and
young people with SEN within segregated provision increases the pressure on
parents to accept a segregated placement.
What would be the result?
All statutory assessments will be carried out in mainstream settings.
 Removal of efficient education of other pupils caveat
Purpose of Amendment
To prevent mainstream schools and post-16 institutions refusing to admit
children or young people with SEN on the grounds that their attendance would
be incompatible of the “efficient education of other pupils or students.”
Why is the amendment needed?
There is a well-documented history of mainstream schools using the
“incompatibility of efficient education of other pupils” reasoning to refuse
admission of children and young people with SEN. In August 2012 the
Mossbourne Academy case involved a well-known mainstream academy using
the argument that providing support during break times was incompatible
with efficient education of other pupils, in order to refuse admission of a
disabled child.
ALLFIE is aware that both schools and tribunals have interpreted
incompatibility of efficient education of other pupils to include anything from
the size of the school, its layout, overcrowding, providing additional support
during classroom changes and differentiation of curriculum.
ALLFIE believes that this caveat is unhelpful and not required, because there
are other provisions in place that deal with children and young people with
SEN possibly presenting an immediate threat to health and safety of other
pupils and teachers in a school or post -16. Preventing a child or young person
from accessing mainstream education because they need aspects of the
curriculum differentiated or additional support to learn or get around the
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building are not valid interpretations of “efficient education”. This is clearly a
misuse of the law and was not the intended purpose of its inclusion in the
drafting of the caveat.
What would be the result?
LAs and schools and post 16 institutions could not use the impact of SEN
provision to make an efficient education’ argument thus preventing LAs,
schools and post 16 institutions from discriminating against disabled learners.
 Accessible Apprenticeships frameworks
Purpose of Amendment
The Standard Apprenticeships Framework for England and Wales will be
inclusive and accessible for all young people wanting to undertake a nationally
accredited apprenticeship.
Why is the amendment needed?
One of the Government’s goals is to support the preparation of young people
to live independently and where possible to gain employment. One excellent
route is through apprenticeships that are valued and recognised by employers.
The introduction of the Standard Apprenticeships Framework for England and
Wales came into force after the Apprenticeships, Skills and Learning Act
become law in 2009. The SAFE requires apprentices to have completed a
vocational qualification whilst in paid employment for a period of time,
alongside gaining numeracy and literacy accredited qualifications. Training
providers working with employers offering apprenticeship opportunities will
only gain full funding if the apprentice is successful in passing all the SAFE
requirements.
Since 2009 the number of young people with SEN enrolling onto
apprenticeships has decreased substantially. According to the DFE’s statistics,
the proportion of young people having an Learning Difficulties and Disabilities
and undertaking an apprenticeship has fallen from 11.1% to 8% between
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2005/6 – 2010/11.5 The decline of young people with LDD may not be
attributed to lack of ‘ability’ to undertake an apprenticeship.
‘We have many examples where recruitment into Apprenticeship and
progression on to Level 3 has been refused due to lack of ability to
achieve these (English and Maths) elements of the Framework. In fact
our lead contract holder at the time insisted that we only recruit young
people who achieved a Level 1 assessment. Functional Skills will only
make this worse due to their increased difficulty.’6
The decline of young people participating in apprenticeships is not a result of
an inability to undertake occupational training, but rather the requirement to
have achieved a literacy and numeracy qualifications at a GCSE level. Given
that disabled people face greater barriers than their non-disabled peers in
securing paid work as well as gaining literacy and numeracy awards, ALLFIE
believes it is time to review the Standard Apprenticeships Framework. There
is no evidence that having numeracy and literacy awards at GCSE level makes a
better apprentice or qualified practitioner.
What would be the result?
The Standard Apprenticeship frameworks for England and Wales should only
consist of occupational elements covering vocational qualifications, apprentice
contractual arrangements and other relevant details. The SAFE should not
numeracy and literacy awards.
 EHCP and University
Purpose of Amendment
That all children and young people with SEN have the same entitlement to SEN
provision, health and care support, regardless of where they are studying at,
5
Little P (2012) Creating an inclusive Apprenticeship Offer” – commissioned report for the National
Apprenticeships Unit
6
Little P (2012) Creating an inclusive Apprenticeship Offer” – commissioned report for the National
Apprenticeships Unit
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school, further or higher education institution or undertaking an
apprenticeship.
Why is the amendment needed?
Young people with SEN and EHCP must have a right to participate in higher
education where their education, health and social needs will be met in a
coordinated manner.
Young people with SEN and EHCP in higher and further education should have
the same right to a coordinated education, social and care support as their
non-disabled peers. Disabled young people often complain about the battles
they have in securing all the support they need to benefit from higher
education.
“…I had expected to turn up at university, support worker available to do
all the jobs required when I was at school and college. I was very wrong.
One stream of money would pay for equipment and academic support
needs, whilst other streams would pay for personal care, social care
etc…I was made to feel like a burden as education, health and social care
argued over me about who would pay for what....When I started
university, I had no Direct Payments in place, any guidance or advice for
establishing my self-directed support. I used student loans to pay for my
needs, and have never been able to reclaim the full amount…” 7
It is inequitable for young people with SEN to have different rights, based on
what type and level of education they want to pursue. Young people with SEN
have no absolute entitlement to SEN provision (of its equivalent) whilst in
higher education, as grants are set at a prescribed limit which often does not
cover all the cost of the SEN provision. It is worth noting that, for young post
graduates students with SEN, the DSA limit is half the amount given to their
undergraduate counterparts.8 The Disabled Students Allowance grant l is set
7
Alliance for Inclusive Education (2010) Response to the Government 'Support and Aspiration: a New
Approach to Special Educational Needs and Disability’ Green Paper
8
Disabled Students' Allowances (DSAs) information on the Government’s website
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so low that many young people with SEN have to rely upon charitable
donations from the Snowdon Award Scheme to top up the funding for their
support in order to complete their higher education courses.
Fahima wants to become a graphic designer and has a place on a twoyear HND course in Graphic and Digital Design at the University of
Greenwich. She is profoundly deaf, so needs the help of a sign language
interpreter and also, a note taker (since it isn’t possible to watch the
interpreter and take notes at the same time). Such human support is
expensive and the cost will exceed the maximum amounts available from
her Disabled Students Allowance, so we are helping to fund the shortfall.
If Famima was studying for example a BTEC National Diploma in Graphic Design
at a local college or school then all her SEN provision would have been funded
by the Local Authority. However, because Famima is studying for a higher
education qualification, she does not have the same entitlement, for example
to a note taker or BSL interpreter. Why should disabled young people who
want to pursue higher education have less right to support than those who
have enrolled onto a further education course? Moreover, why should young
people with SEN not have the same opportunities as their non-disabled peers
to study at a higher education institution.
What would be the result?
All young people with SEN attending mainstream schools, post-16 or higher
education institutions will benefit from the single assessment and EHCP
process and have the same SEN provision entitlements. If Government
accepts the principle that all young people with SEN, regardless of where they
are being educated, should benefit from the single assessment and education,
health and care plan, then the ‘presumption for mainstream’ principle must
also cover mainstream courses in higher education.
ALLFIE would welcome the opportunity to discuss any of these proposed
amendments.
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DIRECT PAYMENTS IN FURTHER EDUCATION
Purpose of Amendment
To give disabled young people and their parents the right to have direct
payments in lieu of support provided by a school or post-16 institution.
Why is this amendment needed?
To provide disabled young people and their parents with greater choice on
which courses they would like to enrol onto whilst in post-16 education.
Many disabled young people, including those with learning difficulties, don’t
ever have the opportunity to enroll onto mainstream accredited academic or
vocational courses. The National Union of Students (NUS) in their Disabled
Students’ Campaign report “Finding the way for disabled students in further
education” noted that disabled students do not get the opportunity to enroll
onto the same range of courses offered to the general student population.9
“Disabled Students’ experiences – in certain situations it seems that further
education, rather than ensuring disabled students to progress, appears to be
acting as a form of social care, where the same students repeat courses year
after year;”10
The NUS Disabled Students Campaign has fought for disabled students to
receive disabled students allowance (DSA) whilst in further and higher
education. The DSA gives disabled students control to use their support
package on the courses of their choice.
Universities are not allowed to use DSA to provide segregated courses for
learners with learning difficulties. However FE institutions have been able to
use the additional support money for disabled students to fund segregated
‘preparation for independent living’ and ‘employment preparation’ courses.
9
National Union of Students (2010) “Finding the way for disabled students in further education”
Disabled Students Campaign (NUS website) http://www.nus.org.uk/en/campaigns/disability/finding-theway-in-fe/
10
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This has led to unacceptable restrictions placed upon disabled young peoples’
education options. For many young disabled people with learning difficulties,
the support is only available for those enrolled onto segregated ‘preparation
for independent living’ and ‘employment preparation’ courses for learners
with learning difficulties and disabilities.
What would be the result?
Disabled young people would have the same choice as their non- disabled
peers to select for themselves which courses to attend.
For more information please contact:
Alliance for Inclusive Education
336 Brixton Road,
London, SW9 7AA
Tel: 020 7737 6030
Email: simone.aspis@allfie.org.uk
Website: www.allfie.org.uk
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