Disabled Students
(9 years, 10 months ago)
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Lord Addington
To ask Her Majesty’s Government what plans they have to co-ordinate the assistance given to disabled students at school, in further and higher education, and in the world of work.
Lord Addington (LD)
My Lords, I thank those—we happy few—who have waited here. It is slightly later than normal. One should never underestimate the passions and the length of passion when it comes to Europe in this House.
This Question about the co-ordination given to disabled students throughout the educational process and into the world of work was inspired by changes to what, I think, had been a very comforting place to be in that process, for a disabled student—that is, in higher education. We had a system that seemed to provide just about everything needed and it was changed—or threatened with change—by a Written Ministerial Statement on 7 April. Everything is up for grabs. What particularly attracted my attention was that those with specific learning difficulties were mentioned twice. That was the only disability group that was.
As I have put on record before, specific learning difficulties is usually shorthand for dyslexia. I have been told by interventions from Ministers that it is now thought to include other groups as well, such as those with dyscalculia, dyspraxia and so on. It gets mentioned because it is thought to be an area where the amount of money spent is excessive, primarily because we are given a standard computer when going through the education process. I say “we”, though of course this system started in 1990 and I missed it, in my higher education experience, by a couple of years. The computer was something that was taken as an example of waste. I will come back to this, but that inspired me to look at the entire system.
The system had to be looked at as we had just been through the Children and Families Act. Both school education and further education are now covered under a unified system, up to the age of 25. However, because the disabled students’ allowance was in existence, we did not really look at that. There was an assurance given to us at the time, both informally and, I think, formally, that we did not need to look at it.
So what has happened when it comes to school and further education? For the first time, the education system has a duty to go out and identify those with special educational needs—to find them, not have them brought to you—and not have people struggling. The system is supposed to find them, find out what is the matter and give them the help required. This is a massive cultural shift—a far bigger cultural shift than, I think, many people realised at the time. It means that there is a duty not to say, “Oh, little Johnny”—or little Jane—“is not succeeding”. Rather, there is a duty to identify why. This would have been much easier if there was a duty for all teachers to be better trained to identify the more hidden disabilities. I try to get away from this cliché of my own, but special educational needs runs on something that I have always referred to as “reverse battlefield medicine”. The most severe cases are dealt with first, usually because they can be spotted. I hope those listening can identify the difference between a disability that leads to an educational need as opposed to a special educational need—that is somebody who has a need resulting from being in a wheelchair as opposed to someone who has autism, dyslexia or is deaf. Those conditions, if they are obvious, get dealt with pretty quickly. The legislation now says, “We should try to get these people to achieve”. So we now have a situation in which all this is going on, and we have established that this system does not change at further education.
My history in your Lordships’ House follows me throughout this debate. We managed to deal with apprenticeships. It had been decided, wrongly, by the Department for Business, Innovation and Skills, that they were not covered by the Equality Act. It became apparent, and it was confirmed that they were covered. Dyslexics had been prevented from taking the English requirements with any chance of succeeding, but the process was changed and now you have to give assistive technology. I have just heard from the British Dyslexia Association that that has been challenged by one or two of the exam boards because it is regarded as giving some form of unfair support. I do so hope that the noble Baroness will be shoving her thumb into that eye very quickly, because my fingers are getting a little bit too dirty from doing that. I hope that this will be done quickly.
Having had the situation where we are working towards taking exams and we are providing support, we go to the DSA. Did the DSA provide a lot of support? Yes. Did it provide some that I felt might have been wasteful in certain cases? Yes. Did it become slightly too bureaucratic? Yes. I have heard of cases of people with mental health problems who have been refused it because they did not have the documentation, despite the fact that they had documentation saying that they had mental health problems. Often you have to be assessed again to get this assistance, despite the fact that you are statemented, under the old system, or have a plan, under the new one, and have received support so far through the system because of your condition. These assessments are extremely expensive—they cost hundreds of pounds if not thousands—and put pressure on certain student categories. If we are to have reform in this area, I hope my noble friend will be able to say that this will be looked at, and that further unnecessary assessment on entrance will be dealt with.
If this is the system that we are working towards, do we have a working practice that will allow for the growth of independence throughout the system? If you start by being identified as having learning problems in the classroom, you expect to get a great deal of support as a small child starting this process. A standard part of the educational experience for many people is the enhancement of independent working and independent training—with guidance, but that decreases. One of the important things about the university system is that one works independently for oneself. Here we get to the nub of what I am trying to say. How are we ensuring that that growth of independence carries on? How are we making sure that we have a system that uses parts of all of this and combines them to ensure that the candidates can get through the process themselves?
I am a convert to, and a great advocate of, using assistive technology, particularly in the case of dyslexics. There are others outside here who will say that other disability groups will not benefit as much, but I suspect that all can benefit to a degree. I also know that no one person in any one of these spectrum organisations is identical to the next, so there must be a degree of working together. However, the idea that the assistive technology that allows me to send any notes that I have sent to any person in this room, by dictating into a microphone attached to my computer, which is running a bit of software, would not be beneficial to someone who is a recognised dyslexic and will be dyslexic throughout their life, and that they will not be supported when they are taking their GCSEs, is ridiculous. Later, they may have to take an exam using an amanuensis or a computer, so why can they not have access to it earlier? Why are we not encouraging them to maximise the benefits of this technology earlier?
We then come to the process that is identified and used within the independent sector quite frequently, a process that is now made available as standard to people who get on to the DSA. This point is twice picked out in the statement made on 7 April, which says, “We will not provide you with the standard computer, and the software will now be provided by the higher education institute”. This is a huge cultural shift. Why has this been decided? Because everyone has a computer. However, let us put it like this: everyone has access to computing technology at some level. Whether you have a computer that is powerful enough to run the software properly is another matter, and that is the vital point. Other forms of software for the blind or hearing impaired also require a basic level of capacity to run the software, to allow the user to have the independence that has been denied by a disability plus their social background. That disability will have been identified throughout the education system, and in future will be identified earlier and in greater numbers, so the user will have a background knowledge that can prepare them to work independently. Why is this decision not coming to the fore? Why are we not doing something about it? If you deny students this technology, you are making the problem greater.
Having heard that I have a lot of time, I have now taken too much time. I leave the Government with one question: if we can provide a computer for roughly £300, and the software might cost us the same again, why are we not concentrating on that? We are providing non-medical support in terms of hours provided. In 1990, dyslexics probably needed someone to dictate their essays to, but they do not now.
The figures I have for that range between £50 and £65 an hour. They are offering 30 hours a week. How many properly equipped computers can you get for a person in their third year—who has, presumably, already been trained in how to use it properly and given a skill that they will need in later life to be able to function in most office environments? Why are we not looking at that as a structure and a way forward?
I finish by saying that when we say “complex”, a term mentioned in the statement, I always took that to refer to multiple needs, not severity. That language has already been challenged, but that led people into a spin. Unless the Government can start to address those questions in a way that the sector understands, they will get into more trouble here. There are savings to be made. We can modernise and bring the system up to date. Please, streamline it and make sure that people get the support that they need to function, not an idea taken from an imperfect understanding.
Baroness Uddin (Non-Afl)
My Lords, I begin by commending the noble Lord, Lord Addington, on his consistence and persistence in support of these matters, and apologise to him for not having made the list—I just missed the deadline, so I am very pleased that I am able to speak in the gap.
In the context of today’s debate, we must put individuals at the heart of reform. Indeed, the Government have themselves acknowledged the need to do better when it comes to disabled people. Only last March, legislation was passed to improve the co-ordination of services offered to those with special educational needs, via the Children and Families Act. Just two months later, the Care Act became law, seeking to personalise care and put recipients at the heart of the system within integrated care services.
The intention is noble; the reality is, too often, a disgrace. As with the reform of so many public services—to the NHS, to higher education, to the justice system—the Government have used much-needed public service reforms as an opportunity to withdraw funding entitlements to many who relied on them to live a life with dignity. In a growing number of instances, entitlements have been restricted to all but the most severe cases. Most recently, the Minister for Universities and Science announced what he described as the modernisation of the DSA. In this case, modernisation would appear to amount to the removal of allowances from all but those with “complex” learning difficulties— passing the buck to universities, whose assistance to students will be discretionary as long as they do not infringe the Equality Act.
I am not opposed to reform per se. Indeed, the fact that public expenditure on the DSA has risen in all but the past year suggests that there may be a case for reviewing the criteria for entitlement, but the hasty withdrawal of entitlement without consultation is dangerous, particularly when you are dealing with a category of people who already face hurdles to participating in education, employment and society as a whole.
Let us take those with autism spectrum disorder. According to government sources, more than half a million people in England have autism, but only 0.2% of undergraduates studying for their first degree are declared as autistic. Employment outcomes are almost as bad.
There is a suggestion that, henceforth, medical advice will be required to explain how a student’s disability will affect their ability to study on their chosen course. That risks becoming a classic case of clumsy guidance failing to take into account the spectrum of conditions and the nuances of humanity. Let us take the young man with autism who, even under the present system, was recently refused DSA on the ground that he had not provided recent medical evidence about how his condition would affect his chosen course. Despite providing copies of his original diagnosis, statement of special educational needs and individual education plan from his college, he was told that a medical report conducted after the age of 16 was required. Put aside the fact that that requirement would appear to run contrary to the 2014-15 guidance, which states that medical evidence need state only the nature of the disability and, ideally, explain its impact. As is the case with many disabilities, such as autism, there is no medical involvement following a diagnosis where the condition is developmental, not physical. Can the Minister clarify what forms of evidence will be required from individuals with autism when they come to apply for a disabled students allowance in September and who will undertake those applications? The cuts to DSA should not proceed until we are sure that they will not harm access to higher education and jobs for those thousands who have benefited and are likely to benefit.
Finally, in 1980, when my then five year-old was entering the special education system, I had the audacity to ask whether there was any special equipment which would help his learning disability. People were absolutely aghast that I would dare to ask such a question. Some of that experience remains for many parents. We are in an age when the medical and computer technologies are at the highest level and will get better. It just seems such a shame that we are not going to support all those who can benefit from them.
Baroness Jones of Whitchurch (Lab)
My Lords, I am very grateful to the noble Lord, Lord Addington, for tabling this Question for Short Debate and for raising a number of crucial issues about the lack of continuity as young disabled people progress through the education system and into the world of work. I am also grateful to him for prompting me to revisit some of the detailed work that we did on the Children and Families Bill and look again at its progress towards implementation. When I looked back at the Bill, I was reassured to see that it came out of our scrutiny process in much better shape, and with more clarity about rights and responsibilities, than when we started. In that case, it was a job well done. I agree with the noble Lord that if we get the implementation right, it will turn out to be a transformative Bill and make a big difference to the lives of many young people with disabilities and special educational needs for many years to come. The challenge for us at this stage is about implementation.
The theme quite rightly established in the Bill was the need to be proactive. There is the need to have joined-up provision and the need for agencies to talk to each other and take joint responsibility for services. This was encapsulated in the notion of the education, health and care plans. It would be interesting to have an update on the progress being made to establish these local joint mechanisms, which are needed to make the care plans a reality. Perhaps the Minister could update us about what is being put in place to monitor the rollout of the Act to ensure that it becomes a reality on the ground and, in particular, to look at what local authorities are doing to fulfil their obligations in this regard.
In the mean time, the noble Lord, Lord Addington, has identified some rather glaring gaps in our new model of information-sharing and joint working. It was interesting that in the initial response to the consultation on the code of practice, which we received a copy of and which was in the Library pack, the FE sector said that it was rather in the dark as to how the plans would affect it. I am not totally surprised about that because during the course of the Bill, I did not really get the sense that it was engaged in the debate or really understood what the implications for that sector would be. It is helpful that the code has now been redrafted to spell out the FE sector’s statutory duties more clearly. For example, there are the reciprocal duties to co-operate with local authorities on arrangements for all young people with SEN; to admit a young person if the institution is named in the education, health and care plan; and to provide the right support for students with SEN disabilities.
The list of types of support which should be provided and the access to funds are also spelt out. However, underpinning the code there is also an expectation that local authorities will provide top-up funding. It is clear that there is a potential pinch point for students caught in the middle of these funding negotiations. As all noble Lords will know, local authority funding is in a particular crisis at the moment. Can the Minister explain what rights young people have to be provided with that funding to ensure that they have the right facilities when they go into college and can make their college years a success?
The code also makes it clear that colleges should be involved in transition planning between school and college to ensure a successful transition into college life. However, underpinning that again, what guarantees do young people have that the assessments of their needs that were made during their school education will be carried automatically into their time at college? What is to stop an FE college asking for new assessments to be made—trying, if you like, to delay the inevitable or to put off its responsibilities? In addition, there is also all the extra bureaucracy and resources involved and, obviously, the extra upset that will be caused to young people, who feel that the original assessment that was made about them is now being challenged. Where, then, is that reassurance of continuity which was at the heart of the Act and can we be assured that that will follow through in the way the FE sector receives students?
Meanwhile, the noble Lord, Lord Addington, and the noble Baroness, Lady Uddin, quite rightly raised concerns around the changes to the disabled students’ allowance that were recently announced by the Universities Minister. That announcement goes completely against the spirit and intent of the Children and Families Act. By any measure, it is a blatant cost-cutting exercise because, as we know, it has been judged that it will result in potential cuts to DSA funding in the region of about 60%. One can see why it is attractive to the department at this stage. As a result, only those students with complex disabilities will receive support. Many students will lose access to vital equipment which helps with their day-to-day learning and will lose vital specialist support. I do not claim to understand completely all the technical challenges which the noble Lord raised this evening. They made sense when he was explaining it but I would not be able to repeat it all.
Lord Addington
If they made sense only when I was explaining them, I have failed.
Baroness Jones of Whitchurch
As I said, the noble Lord explained it very well and it made sense, but I obviously have a lot more to learn about the technical facilities that are out there and about how they can be embraced by people with disabilities. However, it is clear that unless the funding is there and the DSA takes account of those up-to-date technologies, we will have failed. The noble Lord made the point that students with dyslexia and dyspraxia, for example, are likely to be particularly badly affected. I also accept the point the noble Baroness raised about autism. Both of those areas are sometimes difficult to define.
One of the concerns about this is that students will undoubtedly be put off from applying to higher education, which of course used to be the case in the old days; they never went to higher education because they never felt that the support would be there. There is a danger that they will fall back on less appropriate post-school choices. The problem with that is that, if nothing else, it runs the risk of being even more expensive for the Government to support. We therefore have a challenge to ensure that every child gets the right to have the best education and the best outcomes that they will be able to succeed in.
Can the Minister explain what discussions took place between the Department of Education and BIS before the announcement was made? Does she accept that the cutbacks in DSA funding go against the whole principle of supportive and integrated progression in education for young people with SEN and disabilities? Are we sure that BIS understood all the good work that was done around the Children and Families Bill? Has it got the message and taken it on board in the way that it is beginning to review the DSA?
Finally, the support that young people receive from nought to 25 should mean a smooth transition into the world of work. We worked hard during the passage of the Children and Families Bill to put those mechanisms in place as well. Again, the noble Lord referred to better access to work placements and apprenticeships, on which we spent considerable time. However, since there are now worrying signs that Ministers in BIS have not bought into that agenda, can the Minister reassure us that that active liaison is taking place between the departments to make sure that, not just in the letter but in practice, funding and support will be made available to all young people so that they all have the best opportunities to make the best of their lives and to thrive and succeed at work? I look forward to her response.
Baroness Northover (LD)
My Lords, I start by thanking my noble friend Lord Addington for securing this important debate and for his, as ever, knowledgeable and passionate speech. I also thank the noble Baronesses, Lady Uddin and Lady Jones, for their contributions. I especially thank the noble Baroness, Lady Jones, for her kind words about the potentially transformative effect of the Children and Families Act, on which we both worked.
Our reforms for children and young people with SEN and disabilities are aimed to create a new system to support young people through school, further education and training and focus much more strongly on independent living and helping them to find paid employment. My noble friend Lord Addington is absolutely right to focus on that. The reforms are aimed to create a more streamlined and transparent system at school, which provides support tailored to individual needs and does not require endless reassessment—which noble Lords mentioned.
I am personally grateful to my noble friend Lord Addington, whose help with my own then teenage dyslexic son opened his eyes to what was possible through assistive technology. I have to say that I was a form of assistive technology, finding myself reading my son’s economics textbook to him. I would read a chunk; he explained it to me; and I trust that we both benefited—I certainly did. I did object that economists were taking for granted the way that people acted. I certainly identify with the noble Baroness, Lady Uddin, about the battles that one used to have—I hope, now, less so—to gain support for children with particular needs.
Lord Addington
I interrupt my noble friend merely to say that I had forgotten to declare my interests. I hope that my noble friend will forgive me if I do that now.
Baroness Northover
I am sure that those are taken as read.
I say to the noble Baroness, Lady Jones, that we agree that it is vital that education, health and care plans are based on a co-ordinated assessment process in which professionals from across agencies work closely together, so that families do not have to repeat their stories and support can be provided promptly. I hope that she will be reassured that the pathfinder programme has demonstrated strong progress and that the pathfinder champions are sharing what they have learnt about effective approaches in every region as all areas prepare for implementation of the reforms from 1 September. The noble Baroness is absolutely right: the key thing is how it is implemented, and we will keep a very close watch on that.
From year 9, annual reviews of education, health and care plans, EHC plans, must focus on preparing for adulthood, enabling that transition, setting out clear plans that enable young people to move into higher education and work. The draft code of practice also sets out the new legal duties of further education colleges, including how they identify SEN and provide support. We know that work can transform lives by giving people an income and, above all, a sense of purpose and value. It enables them to become as independent as possible, both economically and socially. For that reason, we have introduced supported internship and traineeship study programmes specifically designed to support young people into work.
I assure my noble friend Lord Addington that the Children and Families Act requires services to work together to support children and young people with disabilities. As I said, the pathfinder work is encouraging. The DWP’s access to work fund has been extended to support internships and traineeships, and its Disability Confident campaign encourages organisations to employ people with disabilities. More widely, the cross-government disability strategy, Fulfilling Potential, was developed jointly with people with disabilities so that they can better reflect what is important in their lives to enable them to live independently in accessible and inclusive communities.
During the passage of the Act, my noble friend Lord Addington raised important concerns about the availability of reasonable adjustments in apprenticeships. As a result, the skills funding statement now contains a clear reminder that the Equality Act requires training providers “to make reasonable adjustments”. The Act, which raises the bar on previous legislation by clearly setting out the rights and protections for groups risking discrimination, also applies to employers, requiring them to make reasonable adjustments for employees.
Encouraged by my noble friend, without actually poking people in the eye, the Government also made a commitment to support disabled apprentices who were unable to pass key skills in English and maths but completed all other aspects of their apprenticeship. These individuals can now take the relevant functional skills qualification and, if successful, can apply for their apprenticeship certificate. The National Institute of Adult Continuing Education has recently launched an online toolkit to help people with disabilities to access apprenticeships and to help employers gain access to skilled and dedicated workers.
Noble Lords have spoken about the need for young people in higher education to get the right support. Securing a place at university is a fantastic achievement for any young person, which improves their employment prospects. We are right to have high aspirations for young people with disabilities, as the noble Baroness, Lady Jones, made very clear. I assure my noble friends that, as the draft code of practice states, local authorities should plan a smooth transition to higher education before ceasing an EHC plan. Once a higher education institution place has been confirmed, the local authority must pass the EHC plan to the institution at the earliest opportunity.
My noble friend Lord Addington and the noble Baroness, Lady Jones, spoke about repeat assessments and transition. In the present system, a young person with a statement moving to college would need to have an entirely new and separate learning disability assessment, which carries none of the protections of a statement. As noble Lords know, that would change with our reforms and young people will be able to keep their EHC plan in college. Local authorities will be required to review an education, health and care plan at least annually. The year 9 review will look forward to the young person’s transition to adulthood, including further education, and each review thereafter will build on that. Our plan is that there will be much greater consistency and better transitions.
A college can ask for a reassessment but the local authority does not have to undertake one if one has been made in the past six months or it does not believe that it is necessary. I say to the noble Baroness, Lady Jones, that the local authority will set out what the colleges are expected to provide from their funds. Local authorities will top up funds for individual students who require them so that they get the support that they need. Decisions will be made on a case-by-case basis and we will keep a very close eye on how this is working.
Once a student with disabilities has joined a higher education institution, regardless of whether they previously had an EHC plan, they can seek support through the services provided by the higher education institution under its duties under the Equality Act, and through a DSA needs assessment. A comprehensive DSA needs report should include discussion with the student, the strategies that have been used in the past and the strategies that are being recommended for DSA funding. I assure my noble friend Lord Addington that although the student may provide evidence of the support that they received from their school, they are not required to as the needs of all people with disabilities can change, as he indicated, over time.
Disabled students’ allowances are being changed, as noble Lords have noted. Once a disabled student has joined an HEI, a range of support is available through the HEI’s duties to make reasonable adjustments under the Equality Act and DSAs. That will not change but the balance of support in future will. We must ensure that the HEIs fulfil their duties under the Equality Act, which, perhaps I may remind noble Lords, improved things for those with disabilities. We must make sure that all public institutions fulfil their responsibilities, which includes higher education institutions.
Baroness Northover (LD)
I would like to be able to answer but I am right up against time. If I have not answered adequately, I can write or we can discuss matters afterwards.
There are key changes proposed to the DSA. It will no longer be available to fund standard computers, but DSA funding will still be provided towards higher-cost computers required due to a disability. It is worth remembering that these days most students, if not all, will be buying their own computers. This is a change from when we were at university. The key thing here is to support students for whom a standard computer will not suffice, in the way that my noble friend Lord Addington indicated, and the difference in cost will be covered.
Where HEIs provide specialist accommodation for students with disabilities, that cost should not be passed on to the student. The DSA funding will no longer be available to these students because there should be no extra cost to the student.
Students with dyslexia will continue to be supported through HEIs’ reasonable adjustments and DSA. HEIs should consider how to support these students better to reduce reliance on DSA. HEIs should consider how they meet a variety of non-medical health needs—for example, note-taking and library support—to reduce reliance on DSA.
DSA will be available for more specialist support—for example, sign language interpreters—and we are consulting on the fine detail of the division of responsibilities. All institutions will now be expected to provide the same high level of support for students with disabilities. The detail of what support will be funded through DSA will be provided in guidance this autumn.
With regard to co-ordination between BIS and DSA, my honourable friend Matthew Hancock has a joint position between the two. However, as I say, it is surely right that all public institutions in the UK recognise their duties under the Equality Act, which raised the bar for how those with disabilities should be treated, and we need to ensure that they recognise that. My right honourable friend David Willetts is responding to a debate in the other place today on this very subject, and I know that he will mention the wide range of groups with which BIS has been in discussion, as it will be over the next few months before the guidance is issued.
The application process for DSA will remain the same. Students will continue to have a comprehensive DSA study needs assessment to explore the impact of their disability on their ability to access learning. That is the key thing.
In conclusion, the changes that we are making through the Children and Families Act, coupled with the practical measures that we are taking across government to improve support for young people with disabilities and those with SEN, should make a real difference to the life chances of some of our most vulnerable young people. We as a Government remain committed to removing barriers, thereby enabling people with disabilities to fulfil their potential and play a full role in society.