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Improving Our Schools
Special Educational Needs
September 1999.
This paper sets out the response of the Scottish Executive to the Advisory Committee Report on the Education of Children with Severe Low Incidence Disabilities and invites views on measures proposed to meet certain of the report's key recommendations.
Scottish Ministers welcome the Advisory Committee's report and its strong endorsement of the inclusive approach to children with special needs. This approach is fundamental to Ministers own policy framework and they have in hand a comprehensive action plan to support all those working in this area through additional resources and new guidance. They will continue to give priority to this objective. Ministers share the Committee's view that decisions on educational and other provision should be based on the complete assessment of the needs of children and young people. They also agree that priority should be given to the development of effective joint working between education, health and social services in meeting these needs on a continuing basis. This is fully consistent with the Scottish Executive's objective to promote joined-up working. Ministers also welcome the importance the Committee attaches to involving parents and ensuring the views of children and young people themselves are heard.
The Committee has made 22 recommendations which relate to a wide variety of factors of importance to the effective provision for children with severe low incidence disabilities and, more generally, to children with special educational needs. Many of these recommendations are directed towards local authorities and other agencies. Scottish Ministers believe that these recommendations will lead to significant improvements in the delivery of services; they therefore endorse these recommendations and exhort all authorities to give urgent attention to the approaches recommended.
The following paragraphs set out the Scottish Executive's detailed response to the Committee's recommendations, and, in a number of cases invite views on proposals to take them forward. Where appropriate, recommendations and responses have been grouped according to subject matter.
The Scottish Executive should establish a National
Special Educational Needs Advisory Forum.
Recommendation
1
The discussion paper on special educational needs which was published by the previous administration in May 1998 has stimulated debate throughout Scotland on how to improve our provision for children with special educational needs. There is widespread commitment to this objective and many examples of good and innovative practice on which to build. Scottish Ministers wish to ensure that the further development of policy and practice is informed by, and leads to, the sharing of best practice based on the most up to date information and knowledge. They recognise that this will depend on the contributions of a wide range of specialisms and expertise and they therefore accept the view of the Committee that a National Special Educational Needs Advisory Forum could play a useful role in this process.
Scottish Ministers therefore propose to establish a Forum, under the chairmanship of the Deputy Minister for Children and Education, with the following remit:
Ministers would be grateful for views on this remit.
Ministers wish the membership of the Forum to be widely drawn from local authorities, schools, and the voluntary sector and others with practical experience and knowledge of special educational needs.
Ministers would be pleased to receive nominations from relevant bodies for membership of the Forum
The Scottish Executive should review the legislative
framework for special educational needs provision to ensure that it does not
disadvantage particular children or groups of children and that the principles
above are fully respected in practice.
Recommendation
2
The Scottish Executive should examine and clarify
the statutory framework for educational provision for children with significant
health needs who are not attending school, to ensure that they receive adequate
and efficient educational provision.
Recommendation
5
The Committee notes that existing education legislation, the Education (Scotland) Act 1980, does not confer on children a specific right to education. The 1980 Act imposes obligations on authorities and on parents relating to the provision of education for children, but Ministers do not believe that this approach has disadvantaged any group of children. They also believe that the framework for recording children with special educational needs has been generally effective in ensuring that their needs are identified and addressed and this view was endorsed in the responses to the 1998 discussion paper.
National guidance on the assessment and recording of children and young people with special educational needs was issued in 1996 (SOEID Circular 4/96). This underlines the fundamental principles on which current policies relating to SEN are based. The Manual of Good Practice in Special Educational Needs, which was issued in January 1999, further supports and exemplifies these principles. This guidance and the development of good practice are kept under continuous review. Against this background, Ministers do not consider that there is any need to review further the statutory framework in general.
Scottish Ministers note the specific concerns over the position of children with significant health needs who are unable to attend school. They agree that these children - whether at home or in hospital - are entitled, in common with other children, to the highest quality educational provision. Scottish Ministers consider that it is within the responsibilities of education authorities to secure that this is so, and are concerned that doubt has been expressed as to the clarity of the present framework.
Scottish Ministers would therefore be grateful to receive the views of local authorities and other interested parties on this issue. Subject to those views, they propose to include within the forthcoming Improving Scottish Education Bill an amendment to existing statutory provisions to clarify the responsibility of the local authority.
The Scottish Executive should examine what further
support could be made available to assist local authorities to include children
with severe low incidence disabilities in mainstream schools.
Recommendation
3
Scottish Ministers recognise that in many instances the inclusion of children in mainstream provision has significant cost implications for authorities - these costs can cover a number of factors including the physical adaptation of buildings, furniture or other equipment, the development of special material or the appointment of auxiliary or other staff.
Local authorities receive resources for making provision for special educational needs on a non-hypothecated basis within the general local government finance settlement. In addition specific grants, amounting to £5m in 1999/2000, are available to support training and development of staff. Altogether, in 1999/2000 authorities are budgeting to spend around £200m in special needs education.
Scottish Ministers recognise that there is continuous pressure on these resources. They therefore intend to allocate an additional £6m per year in each of the next 2 financial years to local authorities for special educational needs. These resources were identified in the course of the CSR and are additional to other resources already identified for special education or education generally.
Ministers wish to ensure that these resources are used to supplement existing resources directed to special educational needs. They propose therefore to allocate them to authorities, in accordance with the population between ages 2-19 to fund an additional core programme within the Excellence Fund - the Inclusion Programme.
The resources will be allocated to support plans by the authorities to include children with special needs, including those with severe low incidence conditions, in mainstream provision. It will be for authorities to determine locally what provision they should make, but Ministers expect that adaptations to buildings to improve their accessibility will form part of these programmes.
The views of children and young people
The Scottish Executive should examine and disseminate
good practice which enables views of children and young people with severe low
incidence disabilities to be taken into account by schools, local authorities
and health boards in all decisions which affect them.
Recommendation
4
Ministers have agreed funding under the new SEN Innovative Grants Programme for a range of projects to develop innovative practice in enabling children with special educational needs to express their views. Ministers will ensure that the progress of these projects is shared and consider further the identification and dissemination of good practice in this area.
Local authorities should ensure that Children's
Services Plans clearly identify the responsibility of all those concerned in
delivery of services for children with severe low incidence disabilities, including
education, social work, housing and health and the voluntary sector.
Recommendation
6
Local authorities, when planning to meet the
needs of children with severe low incidence disabilities, should identify the
scope for inter-authority provision with their neighbouring authorities (and
health boards). Where appropriate, they should establish consortium/consultative
arrangements with these authorities to consider issues such as placing policy,
quality, staffing and charging within a structure for payment of inter-authority
fees.
Recommendation
7
CoSLA should review its guidance on inter-authority
fees for special educational needs provision in the light of the first year's
experience of applying the new charging system.
Recommendation
8
Local authorities should include in their Children's
Services Plans a specific statement of what they are doing, in the case of provision
for children with severe low incidence disabilities and their families, to develop
joint funding arrangements, both within a local authority and between the local
authority and other agencies.
Recommendation
10
Local authorities should involve fully the voluntary
and non-statutory sectors in drawing up and implementing Children's Services
Plans.
Recommendation
12
These recommendations relate to the responsibilities of local authorities.
Scottish Ministers share the Committee's view that good inter-agency co-operation is essential to ensuring quality provision for children with severe low incidence disabilities and that authorities should address this issue within their Children's Services Plans. They fully endorse the corporate approach on which Children's Services Plans are based.
Ministers consider that the needs of children with severe low incidence disabilities should be given appropriate priority within Children's Services Plans. Where necessary, local authorities and their partners should clarify their respective roles and responsibilities towards, and funding arrangements for, provision for children with severe low incidence disabilities.
Ministers note that the Committee found that there was little in the way of formal planning of provision between authorities and that, in general, this reflected the wish of authorities to develop their own special educational needs provision. While Ministers recognise that the need for inter-authority planning may not affect all authorities equally, they consider that there is greater scope for such approaches in many areas of Scotland.
In this context, Ministers were pleased to see that the Committee found examples of effective inter-authority practice. Scottish Ministers also agree with the Committee's view that there may be some benefit in authorities and agencies establishing consortium/consultative arrangements in particular areas of specialism or in relation to specific facilities. Scottish Ministers will seek to identify and disseminate further positive examples of inter-authority planning and co-operation.
The Scottish Executive Health and Education
Departments should examine the effectiveness of current funding mechanisms,
provision and management of therapy services with a view to ensuring that the
needs of children with severe low incidence disabilities are met effectively.
In this examination they should consider means of facilitating more widespread
joint training initiatives between authorities and health boards.
Recommendation
9
Scottish Ministers are aware of the positive impact on children's experience of specialist therapy staff. Resources available to local authorities for the procurement of speech and language therapy services for children with Records of Needs have been doubled to £6.5 million per year from this financial year.
Ministers note with concern the difficulties the Committee report in this key area and they are aware that these concerns are shared by many parents not only in relation to speech and language therapy, but also to occupational and physiotherapy services.
There is a number of possible underlying reasons for local difficulty - there may be local shortages of trained staff or lack of clarity over funding arrangements between authorities and other agencies.
Ministers consider it would be helpful to review these issues and therefore invite views on the current funding mechanisms in relation to speech and language therapy and the current arrangements for the provision of occupational and physiotherapy services being made available to children with severe low incidence conditions and how these arrangements might be improved. In taking this review forward, the Scottish Executive will liase closely with CoSLA and the relevant health agencies.
The Scottish Executive should consider, as part
of the New Community Schools Initiative, proposals which foster inter-agency
co-operation and cross sectoral provision to meet the needs of children with
severe low incidence disabilities and their families.
Recommendation
11
The New Community School programme is based on the desire to promote integrated working between professionals to address children's needs and tackle the barriers to learning faced by many children. New Community Schools are by definition inclusive schools. The lessons to be learnt from the programme will be relevant to all schools and to the experience of all children in school, including children and young people with severe low incidence disabilities.
The first phase of the New Community School programme is now underway and future phases are being planned as increased resources become available. The Scottish Executive will keep under close scrutiny approaches to special educational needs within the programme. They will also welcome proposals in future phases which include the development of innovative approaches to meeting the needs of children with severe low incidence disabilities within the mainstream setting.
The Ministerial Steering Group on New Community Schools will also keep this issue under review.
Local authorities, together with voluntary organisations
within their area, should examine opportunities for developing integrated play
and learning services for children with severe low incidence disabilities.
Recommendation
13
Ministers endorse this recommendation and encourage authorities to work positively with voluntary organisations to develop such opportunities for children with severe low incidence disabilities.
Local authorities, as part of education and
health care plans, should agree with health boards arrangements for the administration
of medicines and medical treatment in schools and the training and indemnification
of appropriate staff for this task.
Recommendation
14
The inclusion of many children with severe low incidence disabilities depends on clear arrangements at a local level over medical and health issues. Scottish Ministers recognise the concerns over the administration of medicines and medical treatment in schools.
The Scottish Executive expects to agree in the very near future a statement with the Association of Directors of Education clarifying the legislative position governing the administration of medicines in school by teachers and the question of legal liability and indemnity arrangements for staff involved.
In addition, The Scottish Executive, in partnership with local authorities and other interested groups, is preparing a national guide for school and health staff that sets out good practice in relation to the administration of medicines in school. This guide will be published later this year.
The Scottish Executive should encourage local authorities to develop a more strategic approach to meeting the needs of children with severe low incidence disabilities rather than relying on historical patterns of provision. In doing so it should:
a) re-allocate from grant-aided schools the current Government financial support for the educational provision for severe low incidence disabilities to local authorities;
b) implement re-allocation over a transitional period and examine measures to safeguard pupils at the schools; and
c) examine how reallocated funding may be secured
for provision for children with severe low incidence disabilities.
Recommendation
15
Scottish Ministers agree that a strategic approach to provision for children with severe low incidence disabilities is essential. They consider that the improvements in planning and co-ordination recommended earlier in the Committee's report will assist local authorities in this process.
Scottish Ministers have carefully considered the role of central government. That role has a number of aspects including the identification and dissemination of good practice, the setting of national priorities and the allocation of resources to those priorities. In this context Scottish Ministers accept that the existing policy requires careful consideration on a number of fronts - there is a tension between financing a limited number of schools on a national basis and the current policy preference to make provision for children as close to home as possible; only a limited number of authorities make use of these schools and there is therefore no direct match between Government financial support and the needs of children with severe low incidence disabilities across Scotland.
In principle, therefore, Ministers agree that the current approach to grant-aid no longer represents the most effective use of these resources. They agree that the resources should be re-directed to local authorities in line with their statutory responsibility for children with severe low incidence disabilities.
Ministers accept, however, that any change needs to be introduced over a transitional period to safeguard the interests of children at the schools and to allow schools and local authorities to adjust to a new fees structure. They therefore propose that as from financial year 2000/2001
Ministers would be grateful for views on these proposals.
In reallocating these resources to authorities, Ministers do not mean to imply that the present grant-aided schools have no further role to play. Ministers are confident that if the schools continue to make high quality provision which meets the needs of children, their role will continue and expand. The schools will take their place alongside the other schools in the independent sector which is an essential part of the total provision available.
The Scottish Executive should invite representatives
of the independent special schools sector to become involved in a National Special
Educational Needs Advisory Forum.
Recommendation
16
Local authorities and the independent sector
should co-operate to develop good working relationships in areas such as joint
training, curricular development, monitoring of Records of Needs and care and
therapy provision.
Recommendation
17
Scottish Ministers welcome the positive contribution made by independent special schools to children with severe low incidence disabilities. They believe that there is a positive tradition of effective co-operation between the public and independent sectors in these areas on which all parties can build. They accept that the independent sector should have a role to play in the proposed national forum. In addition they will consider positively any additional proposals from any party to strengthen and develop co-operative working.
The Scottish Executive should issue advice to
local authorities to the effect that the length of the school week in special
schools and units should be similar to that in mainstream primary and secondary
schools.
Recommendation
18
Local authorities in consultation with professional
bodies and parents should review the implications involved in bringing the length
of the school week in special schools and units into line with that in mainstream
provision.
Recommendation
19
Scottish Ministers share the Committee's concern that many pupils with special educational needs in special schools and units experience shorter school days or weeks than their counterparts in mainstream primary or secondary schools. As a general principle, they regard this as unacceptable and invite authorities and schools to review their approaches. It is important that education for all children is provided on an equitable basis.
Scottish Ministers will prepare further advice on this matter in consultation with CoSLA and other interests.
The Scottish Executive and local authorities
should review the effectiveness of in-service training arrangements for the
professional development of all staff working with children with severe low
incidence disabilities.
Recommendation
20
Following increased resources announced in November 1998 £5 million per year is available to local authorities through specific grant to support staff development and training in special educational needs. The Scottish Executive Education Department is reviewing local authorities training strategies and will as part of that review evaluate the impact of SEN in-service staff development and training on the delivery of national priorities.
CoSLA and local authorities should examine the
respective roles and conditions of service of SEN auxiliaries and classroom
assistants to ensure that there continues to be adequate provision of SEN support
services in schools and that the educational needs of children with severe low
incidence disabilities are met.
Recommendation
21
Ministers are aware of the vital role that SEN auxiliaries play in supporting the work of teachers in assisting pupils' learning. They note the concern expressed to the Committee that local authorities should pay particular attention to ensuring that there continues to be a good supply of SEN auxiliaries. While pay and conditions are matters for negotiation between the employers and staff sides, Ministers consider that it is important that SEN auxiliaries are properly trained and rewarded and they draw the Committee's recommendation to the attention of CoSLA and local authorities.
Scottish Ministers should give further attention
to establishing and resourcing appropriate post-school provision for young people
with severe low incidence disabilities, with a focus on further education, training
and employment.
Recommendation
22
Scottish Ministers have invited consultation on the report of the Beattie Committee which reviewed the range of needs among young people who require additional support to make the transition to post school education and training, or employment, and the quality and effectiveness of current provision. The continuing review of Learning Disabilities Services will produce a strategic framework for the development of social and health care of adults and children taking into account housing, education and employment. The report of the review is expected to be presented to Ministers by the end of 1999.
Scottish Ministers would be grateful for views on the issues raised by the Committee. In particular they invite views on the following particular issues:
Views and nominations should be submitted in writing by Tuesday 30 November 1999 to:
Scottish Executive Education Department
Special Educational Needs Policy Branch
Area 2A
Victoria Quay
Edinburgh
EH6 6QQ
Alternatively, views can be e-mailed to john.bissett@scotland.gov.uk
Under the Code of Practice on open government, responses will be made available to the public unless respondents ask for their comments to remain confidential.
Further copies of this document are available from:
Kerry Campbell
Tel: 0131 244 5144
Fax: 01341 244 0957
The document can also be downloaded from the Scottish Executive web-site:www.scotland.gov.uk
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