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3 Schools
Background policy and statistical evidence
3.1 The disability equality schemes, action plans and annual reports produced by the 32 Scottish education authorities, and the 7 grant-aided special schools, in addition to the Scottish Government's own disability equality scheme and relevant guidance and research documents, have been examined to produce this chapter.
Wider policy context in schools
3.2 Access to school education is clearly essential to achieving equality between disabled and non-disabled pupils. Achieving well within the education system ensures that disabled children enter the post-school world equipped with the knowledge and skills to obtain worthwhile jobs in the labour market. For the small proportion of children with severe low incidence disabilities (approximately 0.1% of the population), accessing education ensures that after school they are able to lead meaningful lives without work, with as much independence as is possible. Scottish education has developed over recent years and, in European comparative context, educates a high proportion of disabled pupils in mainstream schools, with only 1.6% of the total pupil population in the special sector, compared with much higher rates in countries such as Belgium and Germany (Evans, 2003; OECD, 2000, 2005; EADSNE, 2003a, 2003b, 2005; Riddell et al., 2006). However, as explained in the following section, there are tensions between education and disability equality legislation, and teachers tend to be much more in tune with the former, which is based on a discourse of needs rather than rights. In the following sections, we explain how disability and education legislation intersect and the implications of the relationship between the two. We then examine recent research and statistical evidence on the position of disabled pupils in Scottish education.
Provisions of Part 4 of the DDA
3.3 Disability discrimination legislation was extended to education in 2001, but exemptions which only apply to schools mean that in this sector it has had less impact than in colleges and universities, where no exemptions apply. The legislation places two key duties on education providers (referred to in the Act as 'responsible bodies'). These are:
• not to treat disabled pupils and prospective pupils less favourably on account of their disability; and
• to make reasonable adjustments to avoid putting disabled pupils at a substantial disadvantage.
3.4 The second duty is limited in the following ways:
• Reasonable adjustment duties do not require the responsible body to provide auxiliary aids and services;
• Reasonable adjustment duties do not require the responsible body to make alterations to the physical features of the school.
3.5 When the legislation was drafted, these exemptions were included on the grounds that existing education legislation in Scotland was likely to be sufficiently robust to ensure that these types of adjustments would be made, and to avoid duplication. However, as noted above, these exemptions did not apply to the post-16 sector, where institutions such as universities and FE colleges were required to make adjustments to physical features and provide auxiliary aids and services to enable disabled students to access the curriculum. The requirements of Scottish education legislation concerning reasonable adjustments relating to auxiliary aids and services and physical features is addressed more fully below.
The DDA's definition of disability
3.6 A key aspect of the way in which the DDA articulates with education legislation concerns the definition of disability as opposed to the definition of additional support needs. Under the DDA, a disabled person is defined as someone who has a physical or mental impairment which has an effect on his or her ability to carry out normal day-to-day activities. That effect must be:
- Substantial (that is more then minor or trivial); and
- Adverse; and
- Long-term (that is, has lasted or is likely to last for at least a year or for the rest of the life of the person affected).
3.7 Normal day to day activities include mobility; manual dexterity; physical co-ordination; continence; ability to lift, carry or otherwise move everyday objects; speech, hearing or eyesight; memory or ability to concentrate, learn or understand; and perception of the risk of physical dangers.
3.8 The definition of disability within the DDA is different from the definition of additional support needs in the Education (Additional Support for Learning) (Scotland) Act 2004. In the latter piece of legislation, a child or young person is said to have additional support needs if he or she for whatever reason, 'is likely to be unable to benefit from school education provided or to be provided for the child or young person'. This is a very broad definition which, in addition to disabled children, includes children for whom English is an additional language, children who are looked after by the local authority, children of refugees and asylum seekers, children of drug and alcohol abusers, children living in poverty and children with social, emotional and behavioural difficulties. Co-ordinated Support Plans ( CSPs) may be prepared for those who require significant support from appropriate agencies as a result of long-lasting needs or needs arising from complex or multiple factors.
The identification of disabled pupils in school
3.9 To comply with the DDA, schools need to identify which children are disabled to establish baseline measures and monitor progress over time. Responsible bodies (local authorities and schools) have to ensure that they have taken all reasonable actions to identify which children are disabled and who therefore may require reasonable adjustments. In order to be pro-active in identifying which children are disabled, schools must ensure that there is an open and welcoming atmosphere, ask parents when they visit the school whether their child has a disability and have a space on admissions forms requesting this information. If a parent has informed a school employee about a child's disability, then the school is deemed to have been informed. Disability equality schemes should include information on the number of disabled pupils and their location. This is intended to ensure that schools become much more adept at identifying and monitoring the placement and progress of disabled pupils, and to encourage greater awareness of which pupils fall into this category, as opposed to the much wider additional support needs category. However, as noted below, local authorities' and schools' disability equality schemes do not always include information on the number of disabled pupils, and data published by the Scottish Government since 2007, based on the School Census, indicates that only 1.6% of children in Scottish schools are disabled. This is clearly an underestimate, since the 2001 Scottish Census indicated that at least 4% of children in Scotland were disabled using the DDA definition. An early evaluation of the Education (Additional Support for Learning) (Scotland) Act 2004 undertaken by HMIee( HMIe, 2007) pointed to wide variations in assessment practices, use of CSPs and a proliferation of education plans, with often poor communication to parents with regard to ASN policy and practice. Since disabled children are a sub-set of the wider ASN population, the criticisms made by HMIeehave implications for this group.
Planning duties
3.10 Since planning matters are devolved to the Scottish Parliament, the planning duties within the Special Educational Needs and Disability Act 2001 (Part 4 of the DDA) do not apply to Scotland. However, the Education (Disability Strategies and Pupils' Educational Records) (Scotland) Act 2002 placed a duty on responsible bodies to publish and implement accessibility strategies for the school(s) for which they have responsibility. Accessibility is defined broadly, so that it covers the physical environment, the curriculum and communication methods. From September 2002, local authorities and schools have been expected to anticipate and plan for the needs of disabled pupils before they arrive at a school, rather than putting in place emergency measures when a pupil with a particular impairment arrives. An evaluation of the first set of plans (Scottish Executive, 2003) showed that many authorities tended to focus on the physical environment, and much less progress had been made in planning for access to school information, the curriculum and assessment.
Additional support needs and dispute resolution
3.11 One of the goals of the Education (Additional Support for Learning) (Scotland) Act 2004 was to enhance the rights of parents, including opportunities to challenge local authority and school decisions. In order to do this, alternative dispute resolution ( ADR) measures were introduced, including independent mediation and adjudication. At the same time, the Additional Support Needs Tribunals for Scotland, referred to as the ASN Tribunal, were also introduced. In England, disability discrimination cases are heard by the Special Educational Needs and Disability Tribunal (the SENDIST), whilst in Scotland they are currently heard by the Sheriff Court. Whereas about 300 disability discrimination cases are heard by the SENDIST in England each year, in Scotland virtually no disability discrimination cases have been heard by the Sheriff Court, since this route to justice is lengthy (cases may take up to three years to be dealt with), and costly, compared with the more accessible and less formal setting of the ASN Tribunal. The Equality Bill, on which the UK Government has been consulting ( DfES, 2007; House of Commons, 2008) seeks to streamline and strengthen the law on discrimination. Consultation has included a proposal to enable ASN Tribunals in Scotland to hear disability discrimination cases.
Research and statistical evidence
- As figure 2 demonstrates, using the new categories, 4.8% of primary pupils and 4.3% of secondary pupils in Scotland are identified as having additional support needs. ASN data are collected on the main difficulty of learning, or the reason for support, for those children who have co-ordinated support plans and individualised educational programmes. Despite the broad range of categories which are used (see figure 4) only about 1.6% of pupils are identified as disabled. There is, however, some evidence that some local authorities use different types of support plans for pupils with additional support needs and it is not known whether these are included in the statistics.
Figure 2: Pupils in publicly maintained primary and secondary schools with ASN by local authority, as a percentage of all pupils
Source: Scottish Government, 2008
3.13 The Scottish Government does not publish a breakdown of pupils identified as disabled by local authority. However, figure 3 shows wide variations across local authority with regard to pupils with additional support needs, defined as pupils with a Co-ordinated Support Plan, and/or an Individualised Educational Programme.
Figure 3: Pupils in publicly maintained primary and secondary schools with Records of Needs, Co-ordinated Support Plans and/or Individualised Educational Programme, as a percentage of all pupils by Local Authority
Source: Scottish Government, 2008
3.14 Overall, about 1% of the pupil population is educated in a special setting (special school or unit). Some local authorities make greater use of special schools than others, with twenty seven out of thirty two local authorities having special schools or units. In general, rural local authorities make less use of special schools than urban authorities as a result of the historical legacy (Riddell, 2006). In areas such as Angus, Eilean Siar, Moray, Orkney Islands and the Shetland Islands, due to large travelling distance, it was never cost effective to educate disabled children in special schools, so much greater use was made of mainstream placements. Special schools tended to be built in urban areas and to import children from neighbouring rural areas, and this pattern persists today.
3.15 A comparison between the primary and secondary sector (see Figure 4) shows that the proportion of pupils with language or speech disorder is considerably greater in primary schools than in secondary schools. Pupils with other specific learning difficulties or moderate learning difficulties are also more common in primary schools, however, those diagnosed with dyslexia are most likely to be found in secondary schools. This may be due to the fact that teachers in primary school consider slow development of reading and spelling as part of the normal spectrum of development or that those that later acquire a label of dyslexia are initially categorised as having language and speech disorders (Scottish Government 2008).
Figure 4: Primary and secondary pupils with ASN by reason of support as a percentage of all pupils with reasons of support based on new categories
Source: Scottish Government, 2008
3.16 Figure 5 shows that special schools are most likely to cater for children with a learning disability and, to a lesser extent, for those with autistic spectrum disorder, social, emotional and behavioural difficulties, language and speech disorders and physical impairments. Although those with dyslexia form a relatively large proportion of pupils with ASN they are only rarely attending special schools. As noted earlier, the ASL Act used an extended definition of additional support needs. However, only a very small proportion of the ASN population have interrupted learning, or English as an additional language, are looked after by the local authority or are identified as more able (Scottish Government, 2008).
Figure 5: Special school pupils with ASN by reason of support as a percentage of all pupils in special school pupils for whom reason of support is reported (new categories)
Source: Scottish Government, 2008
1. Pupils with more than one reason for support will appear in each category.
Note that only pupils recorded under the new system of 'Reasons for support' (around 75% of pupils with ASN) are included in this chart, so the actual rates will be higher.
3.17 As Figure 6 shows, the largest categories of pupils with ASN are those with social, emotional and behavioural difficulties and those with a learning disability. Together, these two account for well over one third of the ASN population.
Figure 6: Percentage of pupils in primary and secondary schools with ASN by reason for support as a percentage of all those for whom reason of support is reported (new categories)
Source: Scottish Government, 2008
1. Pupils with more than one reason for support will appear in each category.
Note that only pupils recorded under the new system of 'Reasons for support' (around 75% of pupils with ASN) are included in this chart, so the actual rates will be higher.
3.18 The Scottish Government does not provide publicly available data on the ethnic background of pupils with ASN. This is likely to be due to the very small percentage of pupils from a non-white ethnic background in the Scottish population: 94% of pupils are from a White- UK background and just over 4% come from a non-white ethnic background. Data gathered on ethnicity of pupils in special schools show that for those pupils with information on ethnicity, 92% are from a White- UK background, 2% from White-other and 6% from other minority ethnic groups (non-White). However, the information on ethnicity is not provided for all pupils in special schools and numbers are very small. Caution should therefore be used in relation to this statistic.
3.19 There is a considerable difference between boys and girls in incidence of ASN. Boys account for 70% or 25,641 of the 36,542 pupils with ASN. Boys also account for about two thirds of those assessed or declared as having a disability as shown by Table 2.
Figure 7: Scotland - type of support need 1 by gender using new categories
Source: Scottish Government
1. Pupils with more than one reason for support will appear in each category.
Note that only pupils recorded under the new system of 'Reasons for support' (around 75% of pupils with ASN) are included in this chart, so the actual rates will be higher.
3.20 Table 2 shows disabled pupils by gender and adaptation required. Boys outnumber girls in a ratio of 2:1 and more than half of the total require curriculum adaptation.
Table 2: Pupils who are assessed or declared as having a disability, by gender, 2007
| Female | Male | Total | Female | Rate per 1,000 pupils |
|---|
Male | Total |
|---|
Total assessed and/or declared as having a disability | 3,676 | 7,250 | 10,926 | 10.8 | 20.7 | 15.8 |
|---|
Assessed as having a disability (1) Declared as having a disability but not assessed | 2,756 920 | 5,620 1,630 | 8,376 2,550 | 8.1 2.7 | 16.0 4.6 | 12.1 3.7 |
|---|
Assessed requirement of adaptation to school provision: Physical adaptation Curriculum adaptation Communication adaptation | 874 2,199 1,034 | 1,175 4,610 2,026 | 2,049 6,809 3,060 | 2.6 6.5 3.0 | 3.3 13.1 5.8 | 3.0 9.8 4.4 |
|---|
Not known/not disclosed | 281 | 634 | 915 | 0.8 | 1.8 | 1.3 |
|---|
- Irrespective of whether a pupil is declared as having a disability. Excludes grant aided special schools.
Source: Scottish Government 2008
3.21 Scottish Government data shows that there is a steady increase in incidence of ASN up to the ages of 10 and 11. Analysis has also been done using entitlement to free school meals as an indicator of poverty, a widely used but contested measure (Scottish Government 2008). Scottish Government statistics on free school meals are based on entitlement rather than uptake and that the statistics gathered in 2006 were incomplete. The data shown in Figures 8, 9 and 10 should therefore be treated with caution. It is included here as it is the only publicly available data that allows for an examination of the link between ASN and poverty.
Figure 8: Pupils with free meals as a percentage of all pupils and pupils with ASN and free meals as a percentage of all pupils with ASN1
Source: Scottish Government, 2008
1. Excludes pupils in grant aided special schools
Figure 9: Pupils with ASN as a percentage of all pupils and pupils with ASN and free meals as a percentage of all pupils with free meals
3.22 The data show some link between poverty as measured by free school meals entitlement and ASN. Pupils with ASN are more likely than the general school population to also be entitled to free school meals.
Figure 10: Number of pupils with free meals, ASN and looked after by local authority
Source: Scottish Government, 2008
3.23 As noted earlier, the Additional Support Needs Tribunals for Scotland were set up in 2005 in order to provide independent, user friendly support to hear appeals on a range of issues relating to Coordinated Support Plans ( CSPs) for children and young people with additional support needs, many of whom are disabled. The aims of the Tribunals are:
- to provide independent and expert adjudication, operating impartially, efficiently and effectively, in accordance with the Act;
- to be user-friendly through informal and flexible proceedings and being accessible to users;
- to discourage formal, litigious encounters between parents and education authorities by providing a forum for constructive dialogue; and
- to make decisions which reflect best practice in relation to additional support needs.
3.24 Seventy-six references were made to the tribunal during the period April 2007 to March 2008. Seventeen of these were placing requests and 59 related to Coordinated Support Plans.
Figure 11: Types of references to the tribunal 2007-08
3.25 The majority of referrals related to White Scottish, White Irish or other White British children (75%) with only 7% from non-white or mixed race background. Eight percent did not specify ethnic background. The most common reference to the tribunal was for children and young people with autistic spectrum disorder. This group accounted for 38% of all references. Language and speech disorder, learning disability and social, emotional and behavioural difficulties formed the next three largest groups. There were no references from those with dyslexia, other specific learning difficulties, hearing impairment, mental health problems, interrupted learning, English as an additional language or looked after status. The limited ambit of the tribunal and its focus on those with a CSP means that pupils whose needs do not require significant co-ordination cannot appeal to the tribunal. However, other dispute mechanisms are available, including mediation and dispute resolution for those who cannot go to ASNT.
Figure 12: Nature of additional support needs referred to the tribunal
Source: ASNTS, 2008
3.26 The majority of references concerned boys, with only 16 of the 76 cases relating to girls ( ASTNS, 2008). As Figure 13 shows, the largest number of references to the tribunal concerned pupils within the Edinburgh City council area; however, this authority also has a large pupil population. Thirteen authorities have not been subject to a reference and this includes Glasgow City Council in spite of having the largest pupil population. Conclusions cannot be drawn from this as it is not clear whether a small number of appeals means that there are no problems or whether fewer CSPs are being prepared than expected. Eilean Siar with one of the smallest pupil populations has a relatively high number of references. .
Figure 13: Reference to tribunal by local authority, 2007-08
Source: ASNTS, 2008
Reporting on progress
3.27 In the sections which follow, we shall present first the areas in which progress towards equality is evident from the disability equality schemes, action plans and annual reports, followed by discussion of the areas in which progress is not evident. The report will end with
- discussion of the use of categories of impairment in the schemes;
- the evidence of the involvement of and consultation with, disabled people and their families; and
- a summary and conclusions.
Reporting on progress: areas where progress is evident
3.28 The Scottish Government's own disability equality action plan includes many actions relevant to improving the position of disabled children. The Schools Directorate action plan includes steps aiming
- to improve education and support for children with additional support needs; to extend the scope of Additional Support Needs Tribunals to hear all disability discrimination cases in schools;
- to improve the gathering and collation of disability statistics at education authority and Scottish Government level;
- to improve support for education authorities in production of their disability equality schemes and in mainstreaming equality issues into the curriculum;
- to improve communication with parents regarding their rights; and
- to consider how curriculum materials can be made available in suitable formats for pupils with a range of additional support needs and disabilities.
3.29 They also seek to increase involvement of disabled users in school design; to make new buildings more accessible; and to improve teacher education and professional development to enhance teachers' knowledge and understanding of inclusion.
3.30 The capacity of disabled pupils to take full advantage of their school education may be enhanced or impaired by the quality of support they receive in other aspects of their lives. The Children, Young People and Social Care Directorate action plan describes moves to increase numbers of grants to families with disabled children, to give greater parental empowerment and control over services to disabled children and continued support for families affected by disability; improving the capacity of the social care sector to support vulnerable groups, including those affected by disability; developing approaches to working with children and their families that prevent, manage and deal with risks; and ensuring that the rights of all children, including those affected by disability, are respected.
3.31 The Scottish Government's disability equality action plan also highlights progress in providing guidance on the Disability Students' Allowance, Partnership Matters (including examining extending the guidance to the university sector), the funding practices and provision of further education opportunities available to people with complex needs and of information advice and guidance on funding for learners. The plan also lists programmes where disability equality is being mainstreamed, including More Choices, More Chances, Get Ready for Work, Determined to Succeed, and the Education Maintenance Allowance.
3.32 In the disability equality schemes and annual reports of the 32 Scottish education authorities, and of the 7 grant-aided special schools, we also find evidence of activity stimulated by the disability equality scheme, including training and awareness raising; improvements to the physical environment and equipment; improving access to the curriculum for disabled pupils; strengthening links with other groups concerned with the care and support of disabled pupils; and involving disabled pupils and their families in the development and monitoring of disability equality schemes. We note here some of the areas in which progress was reported for schools. Progress on supporting transitions is discussed separately in Chapter 4.
Training and awareness raising
3.33 All the plans make reference to further training for staff in relation to the disability equality duty, always head teachers, and often for all staff in schools. Many of the education authorities refer to their Accessibility Strategy, produced in response to the Education (Disability Strategies and Pupils' Educational Records) (Scotland) Act 2002. As discussed more fully below, in the section entitled Categories of impairment employed, the requirements of the disability equality duty and their Accessibility Strategy are usually seen as overlapping and mutually reinforcing, although sometimes as confusing, given their differences in scope, both from one another and from other policies and practice on the provision of Additional Support for Learning. A few authorities attached their Accessibility Strategy action plan as an appendix to their disability equality action plan. Clearly progress on training on relevant topics was already underway in some education authorities as part of the Accessibility Strategy, rather than being introduced as a result of the disability equality scheme - but if this training serves to improve the experience of disabled pupils, it represents progress.
3.34 Many of the education authorities list specific training topics in their disability equality action plans. These include:
- training for school staff, including reception staff, in better communication with disabled pupils and with parents
- training on new equalities initiatives, including disability
- expanding the capacity of staff to produce information in alternative formats
- training in use of loop systems and other specialist equipment
- provision of courses on epilepsy, autism spectrum disorder, diabetes, communication support needs, severe allergies and dyslexia
- training in impact assessment of policies
- disability inclusion / awareness training in sport and physical activity.
Improving the physical environment and equipment
3.35 Again, education authorities and schools have plenty of activity to report, listing equipment acquired, new lifts, handrails, signage, ramps and stairlifts installed and improvements to access to their buildings in line with their disability equality action plans. Physical improvements to allow disabled pupils to access the curriculum, both through communication aids and through specialised equipment for sports and outdoor activities are noted. The Scottish Government is also currently revising their accessibility guidance to education authorities to take account of recent legislative changes and policy developments.
Improving access to the curriculum
3.36 Education authorities' reports on action points on access to the curriculum are frequently linked to their plans for the implementation of the Additional Support for Learning Act and to their Accessibility Strategy. Some simply append their Accessibility Strategy, and do not repeat action points in their disability equality action plan. Nevertheless, use of information technology, communication aids and accessible teaching and learning materials figure in some action plans, and steps taken to ensure that disabled young people can participate in sport and recreational activities in their school community are highlighted.
Working with partners
3.37 Many of the schemes stress the importance of collaboration in improving the opportunities for equality for disabled pupils. Local disability fora, and voluntary sector organisations working with disabled children and their families have been drawn into consultation plans, including the impact assessment process. One education authority notes efforts to develop their multidisciplinary work with a broad range of professionals including educational psychologists, the Sensory Support Service, Specialist Technology Service, Careers Scotland, Child and Family Mental Health, family doctors, occupational therapists, physiotherapists, social workers, speech and language therapists, Arts and Libraries and their Sports and Active Lifestyles Team. In addition to working with these colleagues, some authorities seek to develop links between special schools and local schools.
Working with parents and families
3.38 Although the theme of consultation and involvement is discussed more fully below (para. 2.90), we note here that many action plans stress the importance of communication, especially with parents, and involving parents and children in decision-making. This is clearly not a new area of activity, but one which education authorities are seeking to make more pervasive and more effective.
3.39 To sum up the evidence of progress, the main areas of activity in schools are:
- staff development, directed at improving communication, awareness of the legislation, understanding of specific disabilities and technologies, impact assessment, and ways of making the curriculum more accessible
- improvements to the physical environment
- improving access to the curriculum
- working with partners, including health professionals, Careers Scotland, arts, libraries and sports colleagues
- improving communication with parents and families.
3.40 As noted above, some of this activity was already underway in response to the Education (Disability Strategies and Pupils' Educational Records) (Scotland) Act 2002 and the Education (Additional Support for Learning) (Scotland) Act 2004, and it is therefore difficult to distinguish steps which have been taken as a result of more recent disability equality obligations.
Reporting on progress: areas where progress is less evident
Impact assessment
3.41 Progress on impact assessment in the first year of disability equality schemes appeared to be patchy. Only a few councils were able to report on completed impact assessments in their first annual review. While some had completed impact assessments, others were beginning the process, and others were still deciding how to proceed.
Monitoring progress of disabled children
3.42 This has been included as an area where progress is less evident because many schemes and annual reports contain relatively little statistical data, either about the numbers of children or about their progress and achievement. This does not necessarily mean that the progress of individual children is not being monitored in the schools and in the Education Authority, but simply that the disability equality schemes and annual reports tend not to contain sufficient data to allow this to be assessed.
3.43 To sum up, the difficulties of distinguishing activities undertaken in response to the disability equality duty and responses to earlier legislation affecting disabled pupils complicates the assessment of progress, but there is room for improvement in recording and monitoring and in the establishment of procedures for impact assessment of policies and practices.
Categories of impairment employed
3.44 Education authorities' disability equality schemes vary in their use of categories of disability. Some confusion has arisen, for reasons which are explained at length in the annual report for 2006-2007 of the City of Edinburgh Council on their multi equalities scheme for 2006 -2009:
"The focus on disability equality as a result of the DED comes at a time when the Council has also been concerned with compliance and proper implementation of the Additional Support for Learning Act (AsfL). Whereas the AsfL asks schools to consider whether a child is experiencing barriers to learning, the DED asks schools to classify individuals according to impairments, based on a wide ranging definition of disability.
Schools have taken on board the inclusiveness of the term 'additional support needs' as described within the AsfLA and understand that this term can include gifted and talented pupils, those suffering temporary emotional upsets or those requiring English as an additional language support. This definition is a radical move away from the impairment focussed definition of 'special educational needs' that was in use as recently as 2004.
In order to fulfil the DED the Council is also now asking schools to identify disabled pupils individually and this seems to represent a move away from a social model of disability towards a medical model of disability.
All of this is serving to cause confusion as schools struggle to reconcile the differences between the definition of disability and the definition of additional support needs.
The combined effects of establishing new local data gathering systems, new national reporting requirements and the tension between the DED and AsfL definitions have presented the Council with a significant challenge in respect of data collection. It is hoped that these matters can be resolved at a national level in order that local authorities can begin to improve both the quality and the quantity of disability data."
(p. 21-22)
With this caveat, City of Edinburgh Council presents its own statistics as numbers of pupils "declared as disabled" and "assessed as disabled", without specifying more detailed categories.
3.45 Many other education authorities do not even present global statistics of disabled pupils in their disability equality schemes or annual reports, but they do cross-refer to other strategies and plans and some state that the data on attendance, progress, attainment and exclusion rates of disabled pupils can be drawn through their management information systems. Clackmannanshire Council Education Service's disability equality scheme for 2006-2009, for example, states that:
"The DES has drawn on and been developed in the context of a number of relevant policies and planning and monitoring devices. These include:
- The integrated Children's Services Plan
- The Accessibility Strategy
- The Inclusion Policy (which details the ASN framework)
- The Joint Health Improvement Plan
- The Local Authority Statement of Improvement Objectives
- Quality improvement processes for schools including School Improvement Plans and Standards and Quality Reports
- The Parental Involvement Strategy."
3.46 Moray Council's scheme highlights perceived tensions between the disability equality duty and their Additional Support for Learning framework:
"Our vision in Moray is accepting that everyone is unique, and that by working in partnership, respecting everyone's contribution, embracing difference and ensuring equity in everything we do, we aim to give every individual the opportunity to reach his/her full potential.
In addressing the Disability Equality Duty, it was important therefore that involving children, young people, their families and staff did not undermine the inclusive ethos of the Additional Support for Learning Act by singling out only those affected by disability. It would be hard to access a discrete group of children and young people when they are included in school with their peers. Those not affected by disability would also be able to contribute to the process because of their knowledge of disability through their regular contact with those who are affected by disability or ill health."
(p.4)
3.47 Their scheme does not provide statistics, but their action plan does include action points relating to specific disabilities, including mental health, the teaching of sign language and adjustments to ensure that disabled young people can attend clubs and participate in school trips, sports days and discos.
3.48 To sum up, there is no standard approach to identifying categories of disabled pupils, and this may create difficulties for assessment of progress in future. However, as noted at paragraph 3.28 above, the Scottish Government's disability equality scheme includes plans to improve the gathering and collation of disability statistics at education authority and Scottish Government level.
Consultation and involvement
3.49 Most education authorities' plans include mention of consultation with disabled pupils and their parents in developing their schemes. Many mention that they have required consultation in the past, using questionnaires or seeking input from pupil councils, and are now seeking to improve these processes. For example, one education authority notes that they have established procedures for annual audit of views of children and young people and parents, which are integral to the review and development of their individualised services for disabled learners. They plan to enhance this by published guidance for pupil councils in obtaining and using the views of children with a disability to improve equality of opportunity, eliminate harassment and discrimination, promote positive attitudes, encourage participation and meet needs.
3.50 For schools and education authorities, arrangements to consult pupils and parents on disability issues are only part of their agenda of encouraging the involvement of parents: one authority describes how they have raised the profile of disability in quarterly meetings with parents of pupils with additional support needs, by re-naming the forum "The ASN and Disability Forum" and by providing the necessary support for visually and hearing impaired parents to encourage their attendance. Another authority plans to develop links between special schools and local schools, and to develop pupil and parent involvement in disability awareness training for schools, using their own stories.
3.51 A barrier to the assessment of progress in this area is the lack of detail in many of the plans, which fail to specify how the views of disabled children and their families were elicited, and what use was made of those views. One local authority describes its scheme as "shaped by the responses from the disability equality scheme consultation", and notes as an action in its plan to "continue to work with local and national disability forums and groups to ensure views are fed in". Like so many other schemes and annual reports, however, this scheme does not give any illustration of a change made as a result of such consultation which will enable progress towards equality of opportunity for disabled people.
3.52 Some of the grant-aided special schools have appended to their disability equality schemes copies of their questionnaires used to collect the views of pupils and staff. These schemes also contain some clear evidence of how the consultation exercise led to action: for example, Corseford School reports:
"We conducted focus groups with the Stakeholder Involvement Group and found that the main point regarding physical access was the paths and pavements, which are too narrow and too steep. We have secured funding to rectify this in the early part of 2008."
Summary and conclusions
3.53 The impact of the disability equality duty, combined with other legislation on accessibility and additional support for learning, has encouraged authorities and schools to review their policy and practice in relation both to disabled children in school and to disabled employees. Their initial schemes and annual reports reflect a willingness to take action to improve equality of opportunity. At this early stage, however, many of their actions are concerned with setting up systems for reporting, establishing consultation groups and appropriate methods of discovering, and taking account of, the views of pupils and their parents, undertaking training of staff in the disability equality duty, and discovering where changes may be required in, for example, collection and monitoring of data to enable reporting in future. The reports also contain evidence of many actions of direct benefit to disabled pupils.
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