the new SEN legislation and the Dunkirk spirit

In less than a week an event will take place that’s been awaited with excitement, apprehension, or in some cases with something approaching the Dunkirk spirit. On 1 September part 3 of the Children and Families Act 2014 comes into force. It’s been described as the biggest change to special educational needs in 30 years.

It won’t work
. If I were a betting sort of person, I’d put money on the next government having to review the system again in a couple of years. How can I be so sure? Or so pessimistic? It’s because the ‘problem’ with special educational needs and disabilities (SEND) isn’t the special educational needs and disabilities, it’s the education system. And not just the SEN bit of it – it’s the education system as a whole. To find out why we need to go back in time…

we have a history

Education became compulsory in England in 1870. The new education system was essentially a one-size-fits-all affair focusing on reading, writing and arithmetic. Or more accurately one-size-fits-most; what took the government by surprise was the number of children turning up to school who didn’t fit the education system. Government essentially saw these ‘handicapped’ children as a problem, and its solution was to provide special schools for them. Although the solution made perfect sense, it wasn’t entirely successful. Handicapped children often ended up socially marginalised and sometimes institutionalised, and there were still children in mainstream schools who were struggling.

By the 1970s, the education system had changed considerably. There was more emphasis on an individualised education and local education authorities (LEAs), schools and teachers had a good deal of flexibility in the education they provided. The time was right for Margaret Thatcher as Secretary of State for Education to commission a review of the education of handicapped children, headed by Mary Warnock. The Warnock Committee reported in 1978. It defined special education as ‘provision not generally available in normal schools’ (p.45). In other words it saw the ‘problem’ of special education not as the children but as the educational provision available in mainstream schools. The committee’s recommendations fed into the 1981 Education Act that:

• assumed children would attend mainstream schools where possible
• did away with the old categories of handicap
• introduced the concept of ‘special educational needs’
• gave LEAs a duty to assess children’s special educational needs and to fund the additional provision required for their education.

The Act had the potential to transform the lives of children marginalised by the education system, but it clearly hasn’t done so – not in a good way, anyway. In the last 20 years we’ve had three SEN Codes of Practice, numerous inquiries, reports and tinkerings with SEN legislation and regulations. One select committee described the system as not fit for purpose. So…

what went wrong?

The Warnock recommendations were made in the context of a highly flexible education system. A contemporary account describes a fruitful collaboration between a school for children with visual impairment (VI) and a mainstream junior school, pioneered by a keen LEA officer (Hegarty & Pocklington, 1981). Children with VI were gradually integrated into the mainstream school and teachers trained each other. Everybody won.

In order to undertake such a project, LEAs, schools and teachers needed a fair amount of control over their time and budgets. Projects like this might have eventually been rolled out nationwide, except that within a decade the introduction of a compulsory national curriculum and standardised testing had begun to steer the education system back towards a one-size-fits-all approach. Within a few short years central government had essentially wrested the responsibility for education and its funding from local authorities and education had become a serious ‘political football’. Successive governments have focused on raising educational attainment as an indicator of their own effectiveness as a government and ironically that’s what’s resulted in SEN becoming a problem again in recent years.

Essentially, if you want an efficient one-size-fits-all education system and world-beating exam results it makes perfect sense to remove from the equation children who don’t fit into the system and are unlikely to do well in exams however hard everyone tries. That’s what the government did in the 1890s. If you want an education system that provides all children with an education suitable to their individual needs, you can forget about one-size-fits-all and world-beating exam results; you’ll need a lot of flexibility. That’s what the education system had developed into by the time of the Warnock committee. If you want both you’re likely to end up where we are now.

"Relativity" by MC Escher

“Relativity” by MC Escher

The Warnock committee defined special educational needs in terms of the educational provision ‘generally available in normal schools’. By definition, the better the provision in normal schools, the smaller the number of children who would be deemed to have special educational needs. The committee couldn’t have emphasised the need for SEN training for all teachers more strongly if it had tried, but perversely, the education system appears to have taken a step in the opposite direction.

teacher training

The Warnock committee recommended the inclusion of SEN training in the initial teacher training (ITT) for all teachers. Following the 1981 Education Act, the assumption that many children with SEN would be taught in mainstream schools and that all teachers would be trained in SEN led to the cessation of many special needs teacher training courses. They obviously haven’t been replaced with comparable training in ITT. This, coupled with the retirement of special education teachers and a reduction of the number of children in special schools, has meant that the education system as a whole has suffered a considerable loss of SEN expertise.

Reviews of SEN provision have repeatedly reported concerns about there being insufficient emphasis on SEN in ITT. But it’s only been since 2009 that Special Educational Needs Co-ordinators (SENCOs) have been required to be trained teachers, and only new SENCOs have been required to have SEN training. The current government has allocated additional funding for SEN qualifications (para 53) but only up until last year. This isn’t going to touch the problem. DfE figures for 2011 show that only around 7% of the total education workforce has SEN experience and/or training, and most of those people are concentrated in special schools. And special schools report ongoing difficulties recruiting suitably trained staff. This, despite the fact that the Warnock report 35 years ago pointed out that based on historical data, around 20% of the school population could be expected to need additional educational provision at some time during their school career. The report made it clear that all teachers are teachers of children with special educational needs.

Teachers’ expertise, or lack of it, will have a big impact on the attainment of children with SEN, but that hasn’t prevented government from developing unrealistic targets for all children under the guise of raising aspirations.

expectations of attainment

I mentioned earlier that over the last three decades education has become a ‘political football’. Concern is often expressed over the proportion of young people who leave school functionally illiterate or innumerate or without qualifications, despite evidence that this proportion has remained pretty constant for many years. In the case of literacy, it’s remained stubbornly at around 17%, by bizarre coincidence not far from the equally stubborn 20% figure for children with SEN.

But the possibility that some of those young people might be in the position they’re in because of lack of expertise in the education system – or even because they are never going to meet government’s arbitrary attainment targets and that that might actually be OK – doesn’t seem to have occurred to successive governments. In her keynote address to the inaugural national conference of the Autism Education Trust in 2009 the then Minister for Schools and Learning Sarah McCarthy-Fry, saw no reason why young people with autism shouldn’t achieve 5 A-C grade GCSEs. Some of course might do just that. For others such an aspiration bears no relation to their ability or aptitude, part of the definition for the ‘suitable education’ each child is required, by law, to receive.

Currently, funding for post-16 education requires young people to have or be studying for A-C grade GCSEs in both English and Maths. Post-16 providers are rolling their eyes. Although I can understand the reasoning behind this requirement, it’s an arbitrary target bearing no relation to the legal definition of a suitable education.

it’s the system

Currently, local authorities, schools and teachers are under pressure from the SEN system to make personalised, specialised educational provision for a small group of children, whilst at the same time the education system as a whole is pushing them in the opposite direction, towards a one-size-fits-all approach. This is a daft way to design a system and no matter how much effort individual professionals put in, it can’t work. But it isn’t the SEN system itself that needs changing, it’s teacher expertise and government expectations.

Over recent decades, successive governments have approached education legislation (and legislation in general, for that matter) not by careful consideration of the historical data and ensuring that the whole system is designed to produce the desired outcomes, but essentially by edict. A bit of the education system is wrong, so government has decreed that it should be put right, regardless of what’s causing the problem or the impact of changing part of the system without considering the likely consequences elsewhere.

In systems theory terms, this is known as sub-system optimization at the expense of systems optimization. That mouthful basically means that because all the parts of a system are connected, if you tweak one bit of it another bit will change, but not necessarily in a good way. Policy-makers refer to the not-in-a-good-way changes as unintended and unwanted outcomes.

The new SEN legislation is a classic case of an attempt at sub-system optimization that’s doomed to fail. It requires the education, health and social care sectors to do some joined up thinking and extend the support offered to children with SEND for a further decade – until they are 25 – at a time when all three sectors are undergoing massive organisational change and simultaneously having their budgets cut. It introduces personal budgets at a time when all three sectors are changing their commissioning arrangements. It fails to address the lack of expertise in all three systems. (Recent reports have pointed out that teachers aren’t trained in SEN, GPs don’t have paediatric training and children’s social workers don’t know about child development.) It fails to address the fundamental systems design problems inherent in all three sectors; a one-size-fits-all education system, and health and social care sectors that focus on cure rather than prevention.

This approach to systems design isn’t just daft, it’s incompetent and reprehensively irresponsible. People who have made hopeful noises about the new SEN system have tended to focus on the good intentions behind the legislation. I have no doubt about the good intentions or the integrity of the ministers responsible – Sarah Teather and Edward Timpson – but they have been swimming against a strong tide. Getting through the next few years will be tough. Fortunately, in the world of SEN there’s a lot of Dunkirk spirit – we’re going to need it.

References
Hegarty, S & Pocklington, K (1981). A junior school resource area for the visually impaired. In Swann, W (ed.) The Practice of Special Education. Open University Press/Basil Blackwell.
Warnock, H M (1978). Report of the Committee of Enquiry into the Education of Handicapped Children and Young People. HMSO.

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One thought on “the new SEN legislation and the Dunkirk spirit

  1. Thanks for an interesting post. The process you describe, of tighter specifications for ‘one size fits all’ and therefore pushing expensive outliers out of the system, is reminiscent of mental health services. In the 90s we had Community Mental Health Teams (CMHTs), which were supposed to meet needs that fell between what GPs could do and what really needed an admission to hospital. Eventually we realised that a while range of people had been inadvertently excluded, and a range of specialist services were set up to meet their needs (early intervention, crisis resolution, complex needs etc.). What these groups had in common was that meeting their needs was more expensive. Now in these times of ‘austerity’, NHS Trusts are reincorporating these specialist functions into CMHTs to save money. Experience and research evidence suggests that this will fail, and for reasons broadly similar to those you outline. Generalist workers need specialised training (and mentoring), protected caseloads, supportive management structures and professional discretion to adequately support a broad and disparate group of people. This costs money.

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