EVERY CHILD IS
SPECIAL
2002
PROMOTING
INCLUSION
A POLICY FOR ALL
East Ayrshire Council
Department of Educational & Social Services
RGSPromotingInlcusion-EVER.doc
DRAFT
STATEMENT OF COMMITMENT
Developing Excellence in Education and Improving Opportunities for All
through Quality, Equality, Access and Partnership.
QUALITY
• creating a climate of achievement
• identifying good practice
• disseminating good practice
• establishing means to monitor and evaluate the work of the
Department
EQUALITY
• equality of opportunity for all irrespective of gender, race or disability
• valuing diversity in individuals and communities
• ensuring a fair distribution of resources
• counteracting discrimination and victimisation
ACCESS
• open access for all
• assisting those in greatest need to benefit from the service
• determining views locally
• promoting lifelong learning
PARTNERSHIP
• forming strong and constructive partnerships
• working with parents, staff, school boards and community groups
• working with local businesses, industry, higher education, local
enterprise company
2
FOREWORD
Inclusion lies at the heart of modern educational provision and it is central
to East Ayrshire’s Policy. Every child is now entitled by law to a
mainstream school-based education, if this is wanted by their parents.
We believe that this entitlement goes much further. Our schools,
educational and other services must offer a quality provision to all children
irrespective of where they live, their background, or their disabilities. All
children and young people have talents. It is the task of our education
service to develop these talents to their fullest potential.
For us, there is nothing new in these ideas. We have always believed that
the hallmark of a true education lies in quality provision for all. This
principle is reflected in the many excellent inspection reports of
educational establishments in East Ayrshire, published by Her Majesty’s
Inspectors of Education (HMIE). Some of these reports are amongst the
best that have been published in Scotland.
We are also not complacent, and believe our service should continually
improve. We are in constant discussion with parents and school boards.
Young people, including children with special educational needs have a
voice through pupil councils and the Authority’s own Student Council. The
Chair of the Education Committee is proud to be the Children’s Champion
for East Ayrshire. As a joint department of Educational and Social
Services we are excellently placed to ensure that families can benefit from
well-co-ordinated professional support. Through these commitments we
aim to develop the best services both for the community and for individual
children and young people.
This policy is more than a statement of intent. It is the basis for the future
delivery of the service. We hope that you find it to be helpful and
informative.
John Mulgrew OBE
Director of Educational and
Social Services
Councillor Thomas Farrell JP
Chair of the Education Committee and
Children’s Champion
3
CONTENTS
SECTION 1: BACKGROUND
Introduction
The Meaning of Inclusion
Ethos and Legislation
Rights
Access
Joint Working / Collaboration
Key Principles
SECTION 2: IMPLEMENTATION
Organisation of Provision
Identification and Assessment
Whole School Approach
Mainstream Schools
Special Schools and Units
Continuing Professional Development
Integrated Services
New Community School Approaches
Parental Partnership
Transition
Resources
Continuous Improvement
General
Child / Young Person
Educational Establishments
Integrated Services
Continuing Professional Development
Parental Partnership
Transition
Conclusion
Statement from a child or young person
Appendices
Appendix 1: Summary of Background on Rights
Appendix 2: Summary of Background on Access
Appendix 3: Summary of Background on Joint Working and Collaboration
Useful References:
Glossary / Definition of terms
List of legislation
List of Guidance Documentation
4
SECTION 1:
BACKGROUND
5
INTRODUCTION
For some time now practice in relation to supporting the learning of
children and young people was guided by a policy widely known as “Every
Child is Special”. In its time, this policy was pioneering and forward
looking. Although “Every Child is Special”is still of great relevance there
have been significant changes in thinking over the past few years that
make a revision of policy essential.
This new policy will guide practice and give direction to future
developments and provision. It is based on firm principles and outlines
present strategies, service provision and implications for future
developments. Where appropriate, further consultations will take place
on the implementation of this policy.
6
THE MEANING OF “INCLUSION”
“The Government is committed to developing a more inclusive society
where every person has the opportunity to develop their skills and to
participate in society to the fullest possible extent. This commitment
applies fully to all children and children and young people with special
educational needs.
An inclusive society must ensure that the potential of each individual is
fully developed through education and that their attainment and
achievement are valued and respected. It is on the realisation of this
potential that inclusiveness depends; an inclusive society and education
system will therefore strive to ensure that it creates a range of approaches
and opportunities to ensure that this is brought about.”
Discussion Paper – Special Educational Needs in Scotland, (The Scottish
Office 1998)
Inclusion recognises every individual’s right to be treated equally and to
be accorded the same services and opportunities as everyone else. The
issue of inclusion therefore goes to the heart of the learning process itself
and is the essence of good education.
An Inclusive organisation will:
• put the individual at the centre of its policies and practices
• recognise and support diversity by striving to meet the widest possible
needs
• seek to achieve the best ‘match’between provision and the needs of
the individual
• support staff in implementing an Inclusive approach through ongoing
training and development
• help staff adapt teaching styles to match the learning styles of
individuals
• offer high quality effective assessment of learning and support needs
• develop positive relationships with the young person and family e.g.
sharing information
• develop positive working relationships with other agencies e.g. by
sharing information with other agencies and organisations, in line with
agreed protocols
• foster an atmosphere in which the young person can thrive and
progress
Inclusion is founded on the provision of appropriate integrated services
through which all children and young people – regardless of their ability,
gender, language, ethnic or cultural origin – can be valued equally, treated
with respect and provided with equal opportunities at school and within
their community. An inclusive school should be accessible to all, both
7
physically in terms of buildings and grounds, and educationally in terms of
curriculum support systems and methods of communication. Such a
school collaborates with other appropriate agencies in its local community
to promote the social and learning opportunities for all children and young
people. An inclusive school promotes equality where everyone has the
same have rights, responsibilities, and opportunities.
East Ayrshire Council is committed to the concept of inclusive practice. It
has been working towards the development of integrated provisions and
supports that allow increased access to mainline structures of education.
The Council has increased its support to mainstream schools through
integrated resource management of support staff and the opening of unit
provision within mainstream schools.
Inclusive education should ensure effective support for all children and
young people whatever their social, educational or personal
circumstances. Inclusive practice is based on a multi-disciplinary
approach designed to improve schools for staff as well as for children and
young people. Diversity is viewed not as a problem to be overcome but
as a rich resource to support the learning of all children and young people.
Inclusion is concerned with fostering mutually sustaining relationships
between schools and communities. In East Ayrshire the aim, through
integrated services, is to ensure this partnership exists for the benefit of
everyone.
8
ETHOS AND LEGISLATION
East Ayrshire Council is committed in partnership with other to providing
education, care and support of the highest standard to children and young
people. The Council is committed to supporting children and young
people with a broad range of needs within their local schools and
communities. The development of this policy therefore takes account of
International, National and Local Government changes. It reflects new
policy, guidance and legislation which include: Raising of Standards in
Scottish Schools, Alternatives to Exclusion, Early Intervention, New
Community School approaches and local Childcare Strategies.
The international and national legislation and guidance fall mainly into
three categories: namely, Rights, Access and Joint Working/Collaboration
RIGHTS
From 1994 there has been an increasing awareness of the rights of the
individual. Although found in many official documents, policies and
declarations, most discussions concentrate on the Human Rights Act of
1998. This has influenced subsequent legislation. A summary is provided
at Appendix 1.
The concept of rights provides important safeguards for individuals.
However, the rights of an individual are usually seen against the
background of the community as a whole. This balance will affect the way
cases are considered.
ACCESS
Access is the key to inclusion. Without access there can be no inclusion.
Often access is thought of in the simplest terms such as provision of
ramps instead of stairs, or specialist transport from home to school. Real
access is much more than this. Access can only be provided by having
the highest expectations for the service and the young people themselves.
The adults involved must be confident that young people can achieve, and
must give them the confidence to achieve. Parents, children and young
people need to know what services can be provided and what is possible.
The Authority, schools and services must ensure that all their policies are
inclusive and consider the needs of all children and parents. Where
necessary, reasonable adjustments should be made to accommodate
identified need. This includes keeping the curriculum and learning and
teaching methods under constant review.
More detail on access is provided in Appendix 2.
9
JOINT WORKING AND COLLABORATION
Access will only be achieved if all of the agencies involved with families,
children and young people work together. Each professional and service
should bring new ideas, approaches or resources to support the young
person. Joint discussion and joint planning are essential and
professional and departmental boundaries are breaking down. As a
single Department of Educational and Social Services there are unique
opportunities to co-ordinate professional activity.
The most important areas of collaboration and joint working involve
parents and the young people themselves. Young people have a right to
be consulted on the decisions that affect them. It should be assumed that
wherever possible young people and their families will be involved in the
discussions that will shape the plans for their support and for their future.
Joint working is not an aim in itself. It is a means to an end. All services
that deal with young people have an obligation to work with colleagues to
provide complete packages of quality support. The main partners in joint
working include:
Ø The young person
Ø The parents, guardians or carers
Ø Teachers and School Managers, Early Years Heads
Ø Educational Psychologists
Ø Specialist support staff
Ø Social workers
Ø Health staff
To assist joint working there may also be a case for the involvement of
mediators or advocates on behalf of the young person.
10
KEY PRINCIPLES
1.
Right to School Based Education
All children and young people have a right to a mainstream schoolbased education. Wherever possible this will be in the school that
directly serves the community in which the child or young person
lives.
2.
Appropriate Curriculum
Children and young people have an entitlement to an appropriate
curriculum that satisfies the principles of breadth, balance,
progression, continuity and coherence. Nursery nurses, class and
subject teachers are the fundamental providers of support in close
co-operation with specialist services.
3.
Recognition of Individual Needs
Every child and young person has individual needs. This requires
that parents, teachers, schools and other professionals offer
appropriate individualised support which reflects the complexity of
need in learning, health and behaviour. This will create a
supportive climate in which the contributions of all children and
young people will be of equal value.
4.
An Inclusive Environment for All
Children and young people with Special Educational Needs should
be placed in the most inclusive environment where their needs are
met and their rights upheld. All sectors will work towards the
provision of an environment which allows maximum access at all
stages, where appropriate, within their local community.
5.
Local Delivery
Support for children and young people will be managed within the
overall framework for learning within each individual establishment.
This will further be supported, where appropriate, by units or
peripatetic support for particular needs.
6.
Choice
The child, young person and their parents will be consulted on the
provision of education. A range of provision will be offered which
will allow the young person and parents to exercise choice.
7.
Multi-disciplinary Working
Effective provision of services for all children and young people
requires an understanding of key terminology and the range of
support needs available.
A guidance manual supporting this policy will reflect the
commitment to whole school approaches to inclusiveness. This will
11
establish common standards and clear expectations for all
professionals involved with supporting young people and families.
8.
Home-School Links
There should be effective links between the school, home and
community, which provide clear systems of communication and
support. Community participation in supporting the life-long
learning of all young people will be promoted.
9.
Extended Support
Education, social services, health, community and child support will
work together. Central to this will be an extended system which is
co-ordinated within each establishment through staged intervention
systems. Integrated services will be further enhanced through
Learning Partnership based systems.
10.
Identification, Assessment, Review
To ensure collaborative provision from early years to post school
across the continuum of need, will require a commitment to
identification, assessment, review and parental involvement at all
stages of planning and evaluation.
12
SECTION 2:
IMPLEMENTATION
13
ORGANISATION OF PROVISION
Practice in East Ayrshire is guided by national documents such as
“Effective Provision for Special Educational Needs” source/date. This
identifies ten features of effective provision which will be reflected in
support for children and young people. As systems are developed
nationally and further guidance is produced and refined, East Ayrshire’s
service will be reviewed and developed. In this way, provision for East
Ayrshire’s children and young people should match or exceed national
standards and expectations.
IDENTIFICATION AND ASSESSMENT
To support a child or young person in a way that reflects individual
needs it is essential to have effective identification and assessment
procedures.
Procedures presently in operation inlcude:
• multi-agency assessment in Early years through Pre-School
Assessment Team model
• identifying children and young people who might be
educationally at risk on entry to Primary school
• continuous assessment of the development of children 3-5 in
pre-school establishments through a Skills Profile
• tracking of children’s progress
• a staged model of assessment and intervention in line with
Effective Provision for Special Educational Needs framework
• staged models of assessment and multi-agency support
planning through School Assessment Team, Partnership
Assessment Team and Community Assessment Team systems
• use of Individual Educational Programmes and where
appropriate, Target Setting for children and young people
experiencing additional support needs.
• recording of special educational needs where appropriate
WHOLE SCHOOL APPROACH
In order to provide education and support for all pupils, based on
the principle of inclusion and appropriate placement, one range of
strategies and procedures involving the following range of services
will be necessary:
•
•
•
•
•
•
Psychological services
Quality Improvement Team
Network Support
Sensory Services
Health Services
Social Services
14
•
•
•
•
•
Support to Community
Early Years Services
Youth Strategy
Community Services
Outdoor Learning
Mainstream Schools
Early Years, Primary and Secondary schools should adopt a whole
school approach to support. This should be based on the
philosophy and principles of inclusion in sections 1 and 2. The
approach should focus on collaborative working of children and
young people support services within the school, with parents, the
community, voluntary organisations and based on a Community
School/Learning Partnership model. The model should include all
additional support systems allocated to schools on a need basis.
The management of support services will form a key part of
prioritisation, and planning within a Learning Partnership. Schools
will be expected to delegate clear responsibilities to teaching and
non-teaching staff, and that additional staff resources reflect policy
and individual circumstances.
The number of support team staff within a Learning Partnership will
depend on size, nature of pupil intake, deprivation, and the
percentage and range of pupils requiring additional support.
Each school should develop a policy which is directed to ensuring
that effective support mechanisms exist within the school. This
statement should be clearly understood by all and should be
reflected in the practices within the school. The policy should
define what is meant by special educational needs and should
describe the principle of inclusion. It should express a
commitment of partnership and team working. The policy
statement should reflect the importance of inclusive education for
all.
The support team within the Learning Partnership should include
multi-disciplinary personnel who have particular responsibilities for
aspect of support, in teaching, behaviour, health and social
development.
In the short term it may be necessary to identify individual
mainstream schools as having facilities, services or units that
provide particular support. Every pupil should have the opportunity
to attend their local school but this may mean the school closest to
home that can cater for the pupils additional support needs.
15
Special Schools & Units
The Department of Educational and Social Services will continue to
offer a range of provision to parents by maintaining a number of
special schools and units which offer specialist support for children
and young people in a carefully planned environment. Every
Special School is linked in to a Learning Partnership which
facilitates social, curricular and staff development activities. This is
particularly necessary when the special school does not share a
mainstream campus. There needs to be the development of a
more formal structure for the special school and mainstream staff to
share knowledge, skills and support in areas such as curriculum
and assessment. As more children with additional support needs
remain in or return to the mainstream sector there will be an
advisory role for special school staff, perhaps in an outreach basis.
There will continue to be an increase in numbers of units attached
to mainstream schools, allowing wide ranging and frequent
opportunities for children and young people to integrate with their
peers and be included in mainstream activities.
The Department recognises that children and young people within
these schools and units receive a high standard of education but
that there remain areas for development, such as location and
variable standards of accommodation. It would be the
Departments intention in the light of inclusion to continue to review
provision on an organisational, curricular development and social
inclusion basis.
CONTINUING PROFESSIONAL DEVELOPMENT
Continuing Professional Development (CPD) is crucial in the
delivery of any policy promoting inclusive support structures for
education. There already exists comprehensive training for all
teachers, managers, auxiliaries and specialist multi-agency support
staff. A range of opportunities exist which include:
•
Educational Services In Service Programme which
incorporates courses for all sectors and services
•
Post Graduate Training for Teachers leading towards a
Diploma in Support for Learning
•
Scottish Qualification Association Instructors qualification
•
Professional Development Award for classroom assistants
and special educational needs auxiliaries
•
Neuro-muscular Moving and Handling training
•
Mobility Opportunities Via Education (MOVE)
•
In school training programmes
•
Framework for Intervention training
•
A range of inter-departmental seminars and courses
•
Circle Time training
•
HNC Special Learning Needs
16
This policy has implications for every member of staff in the
Educational and Social Services Department. Support training
should be available to all staff as part of a staff development
programme to promote equal opportunities and support children
and young people. Appropriate involvement should be in place for
children and young people and parents. This policy will also have
implications for curricular flexibility. Managers in all children’s
services have a key role to play in ensuring integrated services that
provide staff development and quality of opportunity for all children
and young people.
INTEGRATED SERVICES
Effective systems of collaboration and partnership are essential if
support structures and procedures are to be successful. The
Standards in Scotland Act etc 2000 states in section 2 that the
authority has a duty for the holistic development of children and
young people in their care. In order to deliver this and manage
authority resources effectively to provide the best possible
provision for children and young people it is essential to develop a
shared philosophy and a joint operational approach. Health
Services are partners in supporting a range of needs and in
monitoring pupils within mainstream education as part of a duty
within the 1980 Act.
In addition, since 1997 the Educational and Social Services
department of East Ayrshire Council have been involved in a joint
initiative, the Youth Strategy, which was specifically designed to
cater for vulnerable children and young people with social,
emotional and behavioural difficulties.
Youth Strategy has concentrated on targeting resources to support
children and young people in danger of being excluded from
mainstream provision to reintegrate into mainstream schooling. It
offers a specialist, alternative provision of support for very
vulnerable children and young people on a full-time basis.
Following the implementation of Community Care legislation,
barriers and opportunities in working across professional
boundaries, particularly in health and social care have been
identified. Issues relating to organisational structure, professional
culture, professional values and operational difference have been
highlighted, with various suggestions about how agencies could be
more effective in working together. Such suggestions include the
development of joint commissioning, and joint operational
approaches such as co-location and co-ordination of shared
assessments.
17
The goal of integrated services and agency partnership depends on
clear systematic procedures, clarity of roles and responsibilities
which minimise overlap of service and identify and close gaps in
provision. This policy sets out a framework by which these
specialist guidelines will be reviewed and revised in consultation
with the relevant providers.
NEW COMMUNITY SCHOOL APPROACHES
New Community Schools provide a further important opportunity for
access to universal services. Integrated provision of school
education, family support and health services is central to the New
Community School approach. Within new community schools,
primary care health services and the school nurse, become fully
integrated into the local health care co-operatives (LHCCs).
A roll-out programme of the New Community School approach is
already underway within East Ayrshire.
PARENTAL PARTNERSHIP
Parents are full partners in the provision of education and
integrated support services. The Council recognises their central
role in developing and promoting inclusive practice. The Council
will continue to consult and involve parents in the formation of
policy and its development into best practice. A number of Forums
and Focus Groups exist which provide opportunities for parents to
express their views and concerns with senior members of the
department. The Department of Educational and Social Services
will continue, in partnership with parents and carers, to further
integrate and co-ordinate services support families of children and
young people with additional needs.
TRANSITION
The Beattie Report identified a number of issues relating to the
transition from school to post-school provision for young people
with special needs. These relate to the following:
• One of the major issues experienced by young people and their
parents in the transition from school to further education and
training, and in subsequent transitions, is the lack of effective
communication between agencies.
• Young People and their parents/carers require access to high
quality guidance and support to enable them to make the transition
from school to post-school education and training.
• How to promote action across all agencies to address factors
that contribute to effective assessment and how to ensure that
assessment leads to matching provision.
18
“Moving On” from School to College (HMIE) 2001, produced in
response to the Beattie concerns, illustrates good practice where
schools and colleges work closely together and with other agencies
to enable young people to make decisions about their future and
move to post school provision with the support they need. It is
agreed nationally that more work has to be done to develop
effective ways of working together to ensure the specific needs of
individual young people are addressed to allow them to reach their
full potential with the continuum of life long learning.
RESOURCES
This policy is designed to enable all children and young people to
be placed where they will reach their full potential in line with
Sections 2 and 15 of the Standard in Scotland Schools Act 2000,
whilst maintaining choice, variety and width of support systems.
The development of the principle of inclusion will continue to lead to
some specialist provision being located in Units in schools
allocated on a Learning Partnership basis. This will allow children
and young people with additional support needs to access to their
full potential all social and learning opportunities alongside their
peers.
Additional support needs exist on a predictable and non-predictable
basis within the population. To successfully implement a policy on
inclusion there should be a resource allocation model based on
clear, transparent and simple procedures. There should be a
formula based entitlement that ensures the effective use of existing
staffing and resources for the predictable need, and that is
monitored and evaluated.
Data will be available to schools to allow them to consider
performance in this area of support.
19
CONTINUOUS IMPROVEMENT
The principles of inclusion are clearly set out in the Statement of
Commitment. In line with this commitment, the Department aims to:
GENERAL
•
•
•
•
•
•
•
•
•
meet all statutory obligations
continue the co-ordinated restructuring at Authority level of
services to reflect the principle of an integrated support
framework and child centred services.
further develop inclusive education and support systems
managed centrally and within each educational
establishment according to criteria based on the “Principle of
Good Practice” (SOEID 1999)
develop a mechanism for a range of additional provision
within mainstream schools, strategically targeted on a
Learning Partnership basis.
produce an Authority Support Manual for staff and
parents/carers.
advise on proposed changes which will replace the present
Record of Need.
produce an Accessibility Plan in accordance with the
Education (Disability Strategies and Pupil Records)
(Scotland) Bill in which each authority will have to review its
programme of physical adaptations to the school
environment and the curricular.
promote as part of the Authority Support Manual, a formal
training programme to introduce the New Code of Practice
for Schools.
develop inclusion through the opening of further Units and
Departments in mainstream campuses.
CHILD / YOUNG PERSON
•
•
•
•
involve children and young people in the planning and
implementation of Individual Educational Programmes, and
Support Plans for Looked After and Accommodated
Children.
identify and assess needs at the earliest possible stage,
using a multi-disciplinary framework in partnership with the
child and parent/carer.
provide a continuum of provision that meets the needs of
children and young people in an age appropriate inclusive
setting within their local community.
develop a more flexible curriculum that promotes the
importance of valuing diversity, disabilities, backgrounds,
interests and needs.
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EDUCATIONAL ESTABLISHMENTS
•
•
•
•
•
•
•
promote an ethos and environment of inclusive practice
within establishments.
make inclusive practice central to future Development
Planning within the school.
through school policy ensure that all relevant staff are
guided towards the acceptance of inclusion.
ensure multi-agency partnership working and collaboration
with local communities.
audit the level of need and direct appropriate resources into
the development of inclusive practice and support required
within the establishment.
match local staff development opportunities with central
training initiatives to increase staff awareness and raise the
base level of knowledge and expertise required to open the
school to as many local children and young people with
additional support needs as possible.
review school policies to reflect recent legislation such as
Disability Discrimination Act (1995), The Standards in
Scotland’s Schools etc Act (2000), Education (Disability
Strategies and Pupils Educational Records) Act 2002 and
the Regulation of Care (Scotland) Act 2001
INTEGRATED SERVICES
•
•
•
•
work towards an integrated structure for the support of
children and young people to reach their full potential.
develop joint planning, funding and training for support
services to children and young people.
promote collaborative approach to assessment, planning
and delivery of service at a strategic and individual level.
produce multi-agency core data set to ensure effective
exchange of information through ICT.
CONTINUING PROFESSIONAL DEVELOPMENT
•
•
•
undertake a strategic role in the identification, promotion and
provision of joint staff development and training
programmes.
produce a joint staff development plan for inclusive
education and support.
develop formal qualification structure for additional support
needs and inclusive practice linked to Continuous
Professional Development.
21
•
•
•
•
promote the exchange of staff knowledge and expertise
between the special and mainstream sector to raise skills in
support of all children and young people
continue to support staff undertaking specialist qualifications
in areas that reflect the National Priorities and Local
Improvement Objectives
through the Support Manual produce mechanisms for the
dissemination of good practice and inform parents of
assessment, provision, guidance and procedures.
provide an appropriate training programme to assist in
raising awareness of the key principles of inclusive practice.
PARENTAL PARTNERSHIP
•
•
•
•
•
•
collaborate and consult with Parents/Carers regarding
developments in inclusive education at all stages.
review the structures supporting children and young people
with additional needs outwith school in the community
involve parents/carers in the planning of Individual Education
Programmes.
to develop the consultations structures of Forums and
Focussed Groups in East Ayrshire to exchange views with
parents and children and young people.
provide information, advice and support to parents/carers
which is appropriate at each stage in their children and
young people’s development.
promote the National Initiative on Local Mediation
Procedures.
TRANSITION
•
•
•
•
•
map out responsibilities across agencies to clarify
understanding.
develop a framework incorporating legislation, policy and
practice guidance on an inter agency basis and involve
young people and their parents/carers.
develop imaginative and creative ways of involving young
people meaningfully in future planning arrangements. In
particular, the value of advocacy approaches should be
expressed.
support families through the transition period, by critically
evaluating how current services operate.
support young people and adults with learning disabilities by
reflecting their views, wishes and aspirations about their
future.
22
CONCLUSION
This policy paper provides an explanation of the theoretical and practical
background and key principles of inclusion. It describes the general
framework of provision, details of which will appear in the Support Manual
as backup to this policy statement. The paper provides the broad areas
within which such provision, guidance and procedures will be developed.
In order to take services forward this statement will be supported by a
comprehensive programme of training and development. A full
consultation with young people, parents and professionals from all
relevant services will be undertaken to gain consensus on the best ways
forward.
23
APPENDIX 1
SUMMARY OF BACKGROUND ON RIGHTS
• There has been a growing international movement
calling for inclusive support based on the Declaration of
Rights (1948), the UN Convention (1989) and The
Salamanca Statement and Framework (1994).
• Article 2 of The United Nations Convention on the Rights
of the Child directs that all states should adopt a policy
of ensuring that the rights of children are upheld. It
emphasises that all rights apply to all children, without
exception. It is the state’s obligation to protect children
from any form of discrimination and to take positive
action to promote their rights. This includes all children
with special needs. Their rights include social inclusion,
non-discrimination and equality of access to education.
Similarly article 23 states that a disabled child has the
right to special care, education and training to help
achieve the greatest degree of independence and social
inclusion possible.
• Considering the rights of all children and young people in
this way it is necessary to take a broad view of what
constitutes a special need. The Warnock Report (1978)
identified a needs model which has developed to a rights
model through legislation and guidance.
• The Human Rights Act (1998) gives further effect in the
UK to all fundamental rights and freedoms in the
European Convention of Human Rights. In particular it
reinforces the rights debate in Article 14 Prohibition of
Discrimination, and Article 2 of protocol 1 - Right to
Education.
• In the publication “A Scotland Where Everyone Matters”
6 out of 10 long term targets relate to children/young
people, families and their rights.
• The Standards in Scotland’s Schools etc Act 2000
further develops inclusive rights of children and young
people. Section 1 explains a child and young person’s
right to school education. Section 2 explains the duty of
the local authority in providing school education and
section 14 provides guidelines on right of appeal to
exclusions.
• In May 2000, the Scottish Executive published “The
Same As You? A review of services for people with
learning disabilities”.
24
• The East Ayrshire Partnership in Practice Agreement
sets out the future strategic direction for service
provision and opportunities to people with learning
disabilities living in East Ayrshire. It sets out the issues,
views and experiences of many stakeholders, with a
strong focus on people with learning disabilities and their
carers. It also makes recommendations that seek to
improve the quality of life for people with learning
disabilities, and promotes the importance of social
inclusion, equality and fairness.
• The plan is a detailed strategy that fits into a wider
planning context within East Ayrshire, including the
overall Community Planning processes. National
initiatives, legislation and guidance from the Scottish
Executive also heavily influence it.
• Locally this statement of rights from the Standards in
Scotland’s Schools etc Act 2000 has been translated in
Educational National Priorities. In particular National
Priority 3 aims to “promote equality and help every pupil
benefit from education, with particular regard paid to
pupils with disabilities and special education needs”.
Some of the measures related to these objectives are:
• Placements of pupils with special educational
needs
• Effectiveness of Learning Support Systems
• Implementation of relevant legislation.
• The Children’s (Scotland) Act 1995 placed responsibility
on Scottish local authorities to publish Children’s Service
Plans stating how services for children and young
people would promote the health, development and
welfare of children and young people, incorporating
principles in line with an inclusive service, namely:
• the welfare of the child is paramount
• the view of the child should be listened to and fully
taken into account
• sustain the child in the community
• enhancement of practice concerning children and
young people’s rights
• East Ayrshire Council has launched its own Children and
Young People’s “Charter of Rights” which itself is based
on the main articles of the UN Convention of the Right of
The Child. It also seeks to safeguard personal
citizenship rights for all children and young people
guaranteed by the Children (Scotland) Act (1995), The
Human Rights Act (1998) and the European Convention
25
on Human Rights. The Charter was developed from
discussions with children and young people and has
helped develop the Council’s vision of a socially
inclusive community.
• The Regulation of Care (Scotland) 2001. This highlights
the National Care Standards of which the main principles
are dignity, privacy, choice, safety, realising potential,
equality and diversity.
• It is in this context that East Ayrshire’s Department of
Educational and Social Services sets this policy paper
on support for children and young people. In receiving
educational provision within the framework of rights, it is
important to ensure that all children and young people
have access to the broadest possible educational and
social opportunities. In considering appropriate
provision, attention should be given to access the most
inclusive environment possible. Children also have a
right to provision and resources necessary to make their
experience educationally and socially appropriate.
26
APPENDIX 2
SUMMARY OF BACKGROUND ON ACCESS
Recent national developments and legislation have given
added impetus to the programme of inclusion in regards to
access.
• The Social Work (Scotland) Act 1968 – This legislation
sets out the main duties of local authority social work in
Scotland. It requires local authorities to promote social
welfare, and specifically introduces a general duty to
safeguard and promote the welfare of children in need in
their area, which includes children with disabilities.
These duties are further effected by the Children
Scotland Act 1995.
• This is reinforced in the Standards in Scotland’s Schools
etc. Act 2000. In particular in section 15 which
emphasises the presumption of mainstream schooling in
all but exceptional circumstances, Section 14 which
gives guidance on Home Tuition and Section 40 on
guidance on Education outwith school.
• Disability Discrimination Act (1995) (as amended by the
Special Educational Needs and Disability Act 2001.)
From this Act consultation is presently taking place on a
new Code of Practice for schools. Education is
currently exempt from the access to goods and services
provisions in the Act. The Special Educational Needs
and Disability Act 2001 will impose new duties in relation
to access to education. These duties came into force in
September 2002 for the schools sector. From that date,
it was unlawful for bodies responsible for such provision
to discriminate against disabled pupils and prospective
pupils in provision of education and associated services
in schools, and in respect of admissions and exclusions.
• Further and Higher Education (Scotland) Act 1992 – This
legislation places a duty on the Secretary of State for
Scotland to secure adequate and efficient provision of
further education in Scotland, and this includes provision
for people with learning difficulties (this term is used to
include a broad range of need).
• In March 2002 the Scottish Parliament passed the
Education (Disability Strategies and Pupil Records) Bill.
The UK Disability Rights Task Force report
recommended in 1999 that the Disability Discrimination
Act (1995) should be amended to cover education. This
27
Act of the Scottish Parliament requires the bodies
responsible for schools to prepare and implement
strategies relating to the accessibility, for pupils with
disabilities, of school education. This will include preschool education and in any other place other than a
school where the authority provides education.
• Children and Young People need support to health and
care issues to allow them to access education. The
1980 Education Act puts a duty on Health Services to
co-operate in partnership with local Education services.
This duty is put in detail in “Our National Health A Plan
for Action / A Plan for Change”
• All the above legislation and guidance points to early
intervention and multi-agency co-operation and confirms
the department’s commitment to support those children
and young people’s right of access. This must be
recognised as equally relevant to the school
management, class teacher, as well as support staff.
The support of children and young people must be
considered in the context of a social strategy partnership
which recognises rights and reflects the changing
attitude of society for the development of more inclusive
practices.
• The Council wishes to maximise inclusion within its
communities and schools by addressing issues of
access. Children and young people therefore should
receive provisions that are as local as possible and
which are alongside their peers where appropriate. It is
recognised that a small number of children/young people
will continue to need specialist provisions outwith the
mainstream context.
28
APPENDIX 3:
SUMMARY OF BACKGROUND ON JOINT WORKING
AND COLLABORATION
• Section 1 of the Education (Scotland) Act 1980 puts a
duty on local authorities to ensure provision of school
education for their area. This must include adequate
and efficient provision for Special Educational needs.
To fulfil this duty they require to develop and implement
effective multi-agency procedures for identifying,
assessing and supporting children and young people
with special educational needs.
• Disabled Persons (Services, Consultation and
Representation) Act 1986 – Section 13 of this Act
requires that prior to the education authority undertaking
a future needs assessment for a recorded child, it must
ask the social work authority for an opinion as to whether
or not the child is disabled. If it is decided that the child
is disabled, this must be entered into the child’s record of
needs and the school report about future needs. The
social work authority also has a duty to provide an
assessment of the child’s social care needs in these
circumstances, unless the parent(s) refuse such an
assessment. Young people have the right to refuse
such an assessment if they are over the age of 16 years.
• More recent legislation clearly states the need for further
integration of children services.
• The Children’s (Scotland) Act 1995 placed a
responsibility on Scottish local authorities to publish a
Children’s Service Plan stating how all services for
children and young people would promote the health,
development and welfare of children and young people.
They stated principles in line with an inclusive service,
which calls for collaboration, planning and
implementation.
• Section 2 of the Standards in Scotland’s Schools etc Act
2000 directs the duty of the authority to secure that
education is directed to the development of the
personality, talents, and mental and physical abilities of
the child or young person to their fullest potential
• This can only be achieved by inter agency collaboration
and partnership. This is reinforced by the Scottish
Executive statement proposal in “Assessing our
Children’s Educational Needs, The Way Forward”.
29
Under Section 2 of this duty, education authorities
should ensure that children and young people’s
additional support for learning needs are met.
• “An Action Plan – “For Scotland’s Children” – Better
integrated children’s services. This states that the main
aim of the plan is to ensure that agencies work together
effectively to provide services to children and young
people. All those consulted across Scotland agreed
that children’s services that were better integrated would
be better services and have better outcomes for children
and families
• They concluded better integrated working is about
making better use of existing resources. It asks for:
• consideration of a single service system
• the establishment of a joint children’s service plan
• the need to ensure inclusive access to universal
services
• co-ordination of needs assessment/and
intervention.
• This united plan should aim to:
• provide excellent central services for all
• target additional services to meet need and reduce
inequalities
• Educational and Social Services in partnership with the
Health Board now have duties to co-operate and
integrate services where possible. The Children
Scotland Act (1995) calls for more collaboration from
health services, as do more recent reports such as
“Connecting Communities with the NHS – Local Health
Care Co-operatives local Policy for Children’s Services”
– Report by the LHCC Best Practice Group April 2001.
This followed the Scottish Executive Circular 7/271 Joint
Resourcing Joint Management of Community Care
Services which looks at resource integration as well as
joint planning for the support of children and young
people.
• Legislation as above and guidance such as Effective
Provision for Special Educational Needs, Guidance
Circular 4,96, A Parents Guide to Special Educational
Needs and Professional Practice in Meeting Special
Educational Needs, The Manual of Good Practice, Better
Behaviour, Better Learning and The Administration of
Medicines in Schools show the need for effective
provision across all services. They highlight key
features, give exemplification of principles of good
30
practice and promote the concept of inclusion. This has
implications for provision of an appropriate curriculum,
the evaluation of teaching and learning, planning and
multi-agency support to ensure that children and young
people are not disadvantaged by their class, race,
gender or disability.
• This policy sets out the basis and guidance for the
Department of Educational and Social Services in its
responsibility to support all children and young people.
There is clear agreement that the most effective way to
take this forward is in partnership with all Council
services as well as parents, Health and other Voluntary
Organisations. The Department’s Strategic Plan
2000/2003 reflects this integrated and inclusive
approach. There is recognition of an integrated
partnership model and this policy should make explicit
respective responsibilities in the areas of our children
and young people and their support.
31
GLOSSARY OF TERMS
Special Educational Needs
Where a child or young person has significantly greater difficulties in
learning in comparison to the majority of their peer group or a specific
disability which effects their learning.
Assessment
This is the process of establishing the needs of a child and how these
needs should be met. The period of time of an assessment process may
vary depending on the nature of difficulty experienced by the child.
Complex Needs
This is a description where a child may experience a variety of difficulties
within learning, movement, speech and behaviour.
Disability
A condition which may be physical, sensory or emotional, which gives rise
to a difficulty or inability to perform a task or acquire an understanding or a
skill.
Inclusive Education
This term advocates that each individual has the right, based on human
rights principles, to fully participate as a member of a learning community
in which all people are equally valued and diversity respected and where
all individuals develop towards their full potential.
Learning Difficulties
There may be a general or specific difficulty in learning certain skills or
undertaking certain concepts.
Record of Needs
This is a legal document that describes the education needs of a child and
gives details of how these needs should be met.
Reviews
Formal or informal meetings involving, parents, staff at the educational
establishment, educational psychologist and other relevant agencies
where the progress of a child or young person is discussed and
recommendations made for future support.
32
List of Legislation
•
•
•
•
•
•
•
•
•
•
•
•
•
•
The Education (Scotland) Act 1980 HMSO
The UN Convention on the Rights of the Child (1989)
The Childline (Scotland) Act 1995
International Statements on Inclusion
The Salamania Statement and Framework for Action on Special
Educational Needs (Paris : UNESCO, 1994)
Community Perspectives
Parent Partnership
Role of Voluntary Organisations
The UN Standards Rules on Equalisation of Opportunities for
Persons with Disabilities
Disability and Discrimination Act 1995
Standards in Scotland’s Schools etc Act 2000
Education (Disability Strategies and Pupils’Records) (Scotland)
2001
Special Educational Needs and Disability Act 2001
Regulation of Care (Scotland) Act 2001
33
List of Guidance
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
SOEID (1994) Effective Provision for Special Educational Needs.
SOEID
SOEID Circular 4/96 (1996) Children and Young Persons with SEN
Assessment and Recording. SOEID
SOEID (1999) A Parents Guide to Special Educational Needs.
SOEID
SOEID (1998) Professional Practice in Meeting Special Educational
Needs. SOEID
Scottish Office (1998) Special Educational Needs in Scotland.
SOEID
Management of Educational Resources : Effective Secondary
School
Effective Primary School
CSIE (1997) Inclusive Education – A Framework for Change. CSIE
Scottish Office (1998) Meeting the Childcare Strategy. SOEID
Scottish Office (1998) New Community Schools. SOEID
SCCC (1997) Supporting Learning in Schools. SCCC
Specific Learning Difficulties : Policy, Practice and Provision
(Interchange 18)
SOEID (1996) Achievement for All. SOEID
SOEID (1998) Opportunity Scotland. SOEID
SOEID Parents as Partners. SOEID
SOEID (1998) Social Exclusion in Scotland – A consultation paper.
SOEID
SOEID (1998) Special Educational Needs in Scotland – A
Discussion Paper. SOEID
UNESCO Salamania Statement
Scottish Executive (199) Implementing Inclusiveness, Reaching
Potential Beattie Committee Report
HM Inspectors of Schools (2002) Moving On. HMSO
Scottish Office (1999) Manual of Good Practice in SEN. SOEID
Scottish Executive (1999) Improving our Schools Special
Educational Needs. SOEID
Scottish Executive (2001) For Scotland’s Children – Better
Integrated Children’s Services. SOEID
HM Inspectors of Schools (1998) Standards and Quality in Primary
and Secondary Schools. HMSO
Disability Rights Commission : Code of Practice for Schools 2002
Scottish Executive (2002) Assessing our children’s educational
needs. The Way Forward?. SOEID
Scottish Executive (2001) The Same As You. SOEID
East Ayrshire Council Children and Young Persons Charter. East
Ayrshire Council
East Ayrshire Council Inspiring Children and Young People – a
joint plan of services for children and young people working in
partnership 2001 – 2004. East Ayrshire Council
Scottish Executive (2002) National Care Standards
34
35