Special Educational Needs and Disability Code of Practice: 0 to 25 years

Baroness Uddin Excerpts

Monday 28th July 2014 Grand Committee

More generally, we will be keeping the guidance in the code of practice under review, allowing proper time for the reforms to bed down, particularly as they are being implemented gradually from September. Noble Lords will recall that we made provision in the Children and Families Act for subsequent versions of the code to be approved under the negative procedure to enable the code to be kept up to date more easily. Now is the time to move forward. As there is such broad support for the reforms and a high state of local authority readiness, I urge noble Lords to support the code of practice.

[Baroness Uddin (Non-Afl)]

My Lords, I welcome the noble Lord’s detailing of his and the Government’s commitment to a more integrated service. Before I address the inconsistencies and ellipses in the draft code of practice, I wish to make the general point that one cannot elaborate and clarify enough when it comes to ensuring the rights of disabled people. Families facing a constant battle navigating the bureaucratic minefield to access the support of institutions need all the assistance that we as legislators can provide to arm them for their discussions with education providers and local authorities.

In this country we have made huge strides on disabled rights. Despite that I have been told of innumerable sufferings of parents who continue to experience significant struggles in safeguarding equitable educational provision for their children—specifically in accessing mainstream education. The current draft lacks principles to guide education providers and commissioners in delivering inclusive education that gives disabled learners access to mainstream courses. I will focus on two particular aspects of the draft special educational needs code of practice that warrant clarification: first, the consistency with which the inclusive education principle is explicitly applied and promoted; and, secondly, the specific provisions in relation to those aged over 16.

Turning to the first, more general, point, it is essential that the code of practice achieves the purpose of the Act to expand inclusive education, but the present draft lacks guiding principles and a clear set of activities that local authorities and education providers should carry out to achieve this. The code of practice needs to, and must, offer guidance about the inclusion of disabled learners in all activities, including access to the mainstream curriculum, and make explicit the strategic role of local authorities and education providers in supporting the practice, as well as how they should carry out this function. Only then can we ensure that disabled learners’ aspirations are not lowered, de facto, through early segregation where it does not suit learners—for instance, by having courses in a mainstream institution but in a secluded unit. Many who are familiar with providing special educational needs will be very familiar with these sorts of units.

Secondly, the current draft contains conflicting advice about disabled learners’ access to FE courses. The guidance states that colleges should make their courses inclusive in all subject areas at all levels, but the SEN code of practice also states that disabled students should enrol in discrete preparation for employment and educational courses. An interpretation by education providers that placed more weight on the latter would risk unfairly denying aspiration and access to the disabled. Can the Department for Education clarify the inclusion principle in the code of practice to ensure that post-16 providers fulfil their obligation to support the inclusion of disabled learners in all activities, including accessing mainstream courses?

Furthermore, the code of practice should make clear that the Equality Act and Children and Families Act duties, which extend inclusive educational practice, are applied across all age groups—including early years, school and post-16. Particularly egregious is the present wording at paragraph 1.28:

“Students will need to meet the entry requirements for courses as set out by the college”.

This runs counter to the Equality Act, which does not require students to meet admission criteria before they enrol in mainstream courses. For example, a disabled learner may lack the expected English or maths GCSEs but be well suited to a particular BTEC or apprenticeship course. Post-16 institutions are under a duty to make reasonable adjustments for disabled students and this should be reflected in the SEN code of practice through the removal of the provision at paragraph 1.28. Having spoken to a number of parents and other individuals over recent months, I know that the disparities and differences in the experiences of parents across various local authorities, particularly for parents from minority communities, mean that the situation remains extremely unequal and extremely unfair. I therefore welcome the noble Lord’s comments that the code is linked to the Equality Act. I look forward to seeing its impact and what parents say about that.

Above all, the guidance must ensure that the rights of young disabled people to access mainstream education with the support they need is firmly embedded. In order to assure this, the inconsistencies that I have listed should be removed and the obligations on local authorities and education providers clarified. Only then can we help disabled learners with the aptitude to work in adulthood meet their goals and can we create conditions for people with special educational needs to reach their full potential.