Home education: the consultation

I’ve just submitted my response to the government consultation on home education (closes 2 July). The consultation documents (a call for evidence, and proposed guidance for local authorities and for parents) are the most poorly drafted I’ve ever seen. Home education is an obscure area of the law. Here’s why I’m interested…and why you should be too.

it’s confusing

Home education is described as ‘elective’ because parents choose it. There wasn’t much choice in our case. One kid wasn’t well enough to continue attending school, but the local authority (said it) couldn’t provide home tuition because the consultant couldn’t give a date for return to school. School provision for the other fell apart after the school’s brilliant SENCO left and we couldn’t find a nearby suitable alternative.

When we started home-educating, the LA offered a visit from an ‘adviser’. I accepted – I did have a few SEN questions.  But the ‘adviser’ said he couldn’t advise because home education was my responsibility; his job was to assess the suitability of my provision. He arranged for a colleague with SEN experience to visit. The colleague was willing to advise, but his advice contradicted that of the occupational therapist. I didn’t accept any more home visits.

My local authority isn’t the only one confused about its duties towards home-educated children. At least two sets of government guidelines have been issued to clarify LA obligations, the most recent in 2007. In 2009, the then Labour government commissioned a review of elective home education by Graham Badman, newly appointed chair of Haringey Local Children’s Safeguarding Board in the wake of the Baby P tragedy. (I’ve blogged about the political background to the Badman review here.)

it’s the law

The current legislative model for home education starts with an education suitable for the individual child. Parents have a legal duty to cause their child to have such an education (s.7 Education Act 1996) – wherever it takes place. LAs should make enquiries ‘if it appears’ a child isn’t receiving a suitable education (s.437(1) EA 1996), and must make arrangements for identifying children not receiving a suitable education (s.436A EA 1996).

In other words, parents are assumed to be complying with the law unless there is evidence indicating they might not be, at which point the LA can take action. This model is commonly applied in respect of other legal duties for individuals (e.g. taxation, vehicle registration). It’s not watertight – no model is – but it’s the most effective approach we’ve found to date.

Graham Badman’s conceptual model of the legislative framework was different. He saw home education as requiring a ‘balance’ between the parent’s and the child’s rights. But parents don’t have a ‘right’ to home educate, they have a duty to provide a suitable education. And legislation has to take into account the interests of different parties within the existing legislative framework, not to ‘balance’ rights regardless of the framework.

Badman’s conceptual model was way off the mark, but at least he explained it, and his recommendations were internally consistent with it, even if they were at odds with the legislative framework. The new proposals are all over the place.

why consult?

The consultation was prompted by “lacunae or shortcomings in the current legislation which have been drawn to the department’s attention by local authorities and by local children’s safeguarding boards” (2.3)*, i.e. organisations experiencing ‘confusion’ (2.3e), being involved in frequent disputes with parents (5.4), and for whom the previous guidelines had to be written. Despite very diverse views about legislation amongst home-educating families, there’s no indication they were involved in framing the consultation documents.

Local authorities’ main concerns are:

  • Home-educated children being radicalised.
  • Children attending unregistered schools under the guise of being home-educated.
  • LAs being unable to identify children not receiving a suitable education unless they know the identities of home-educated children, can find out whether or not a child’s education is suitable, and can monitor it regularly.
  • Home-educated children might be at risk of harm.
  • Some parents “willing and able to be fined repeatedly can continue unsatisfactory provision of home education indefinitely” (L6.20).

The focus of the consultation documents is on compiling registers of children and the sanctions that can be imposed on parents who don’t co-operate with the local authority, rather than on how best to ensure all children get the suitable education defined in law.

Proposals for change include;

  • compulsory registration of home-educated children
  • regular monitoring
  • LAs should have access to the child
  • LAs should know the views of the child about home education
  • not receiving a suitable education constituting a safeguarding issue.

The first three proposals have long been on the LAs’ wishlist because LAs believe those measures will pick up children not receiving a suitable education or at risk of harm. There is no evidence to support that belief. In fact, any evidence was noticeable by its absence from the consultation documents.

absence of evidence

Local authorities frequently see the majority of children getting a perfectly adequate (often very good) education in schools. They rarely see the substantial number who end up not attending school, in pupil referral units (PRUs), or being educated at home.

They also see a very small number of shockingly memorable cases of children educated at home who are neglected or abused. What they don’t see is the large number of home-educated children who get a perfectly adequate (often very good) education at home, and are completely safe and well.

I can’t find figures for the number of school attendance orders issued by local authorities – which suggests it’s very small. Fewer than 0.4% of home educated children had child protection plans in 2009 (see the parliamentary exchange about that here ). And in none of the cases of neglect or abuse cited as examples of the risk to home-educated children, have the children been previously unknown to the authorities. In fact, in several of the cases cited by the NSPCC, the failure of the authorities to follow procedures properly contributed to the harm experienced by the child.

If you don’t have evidence of the extent of a perceived problem, or of the effectiveness of your proposed solutions, your argument is based on speculation, and speculation knows no bounds. As a consequence, the consultation documents:

  1. cherry-pick human rights

States that have ratified the United Nations Convention on the Rights of the Child or are party to the European Convention on Human Rights must have regard to all the Articles when they legislate – not just those that support recommendations governments happen to think are a good idea. The Articles about a private family life weren’t mentioned.

  1. ignore legislative principles

Even when human rights conventions were a mere twinkle in the eyes of politicians and lawyers, UK law enshrined principles such as the presumption of innocence, protection from undue state intervention, and reliance on evidence. The consultation documents blithely ignore all three.

  1. change the wording of the legislation

Some legislation is cited inaccurately in a way that changes its meaning e.g Part V Children Act 1989 (L7.8) – the ‘reasonable cause’ threshold.

  1. extend the original scope of the legislation

For example, the duty to make arrangements to identify children not receiving a suitable education (s.456A EA 1996), is turned into a duty to find out whether or not a child is receiving a suitable education, exceeding the ‘if it appears’ limitation imposed by s.437(1).

  1. cite irrelevant legislation

For example in L9.4c, s.13 EA 1996 (availability of primary and secondary education) and s.175 EA 2002 (general duty to promote and safeguard children’s welfare). Some legislation is referred to despite being described as irrelevant e.g. s.17A Children Act 1989 (L10.2).

  1. conflate education and safeguarding

Despite warning against conflating education and safeguarding, which are distinct issues in law, section 7 of the guidance for LAs and section 5 of the guidance for parents proceed to do precisely that. These very muddled sections appear to be the result of LAs wanting a way to deal with the small number of parents mentioned in L6.20.

  1. assume average is normative

Requirements and advice for schools are cited despite being irrelevant to home-educated children e.g. L9.4. Children vary widely – they are not departures from the ‘average’ (L9.4e).

  1. focus on bureaucracy

The focus of the law is on an education suitable for the individual child. The focus of the consultation, in contrast, is on compiling a register of children not receiving an education suitable to the average child, and on compliance by local authorities and parents.

  1. offer sanctions not support

The consultation emphasises sanctions that can be imposed on parents who fail to co-operate with LAs. Significantly it does not propose a statutory duty for local authorities to provide advice and support for home educating families. This calls into question the claim that children receiving a suitable education is a local authority’s chief concern.

take home lessons

Whoever drafted the 2007 EHE Guidelines understood the legislation, its purpose and the principles behind it. The current consultation documents appear to have been drafted by someone who sees legislation as being about people’s views; and whoever cites the most pieces of legislation bearing a superficial resemblance to their view, wins.

For many children, home education is their last shot at getting a suitable education. If there’s evidence that home education is causing them significant problems, let’s see it. If there’s evidence to support the proposed changes to the law, let’s see that too. And consult on that, not whatever local authorities think would make their lives easier regardless of the impact it might have on local families.

If the Department for Education can produce consultation documents as poor as these in respect of home education, they can do it for other areas of education too.  Parents of children with SEND, beware!

 

*References in brackets are to the consultation document. References prefixed L are the proposed guidance for LAs.

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public services and systems thinking

Last week I attended a conference hosted by Stoke-on-Trent City Council called A Radical Approach to Reshaping Public Services. It was one of the most informative I’ve ever been to, so I thought a summary might be useful to anyone struggling to navigate public sector services.

A team from the city council and another from Bromsgrove and Redditch councils explained how they are applying Vanguard’s systems thinking approach to the way they support local people. The two teams have tackled local issues slightly differently; in this post I’ve amalgamated what they described, to give an overview. Obviously, this is my own overview and I’m happy to be corrected if I’ve got anything wrong.

Although both teams use the Vanguard approach, systems thinking for organisations wasn’t invented by Vanguard, but is based on the principles of systems theory. Systems theory is pretty robust. We know how systems work in many different domains. Because organisations are systems, applying systems theory to them makes a lot of sense. (Management theories, by contrast, usually address only part of the organizational system, and that’s why they tend not to work so well.)

Some key principles of systems thinking as applied to organisations

Form follows function

If you want your organization to be effective, you need to have a clear idea of its function. If its ultimate goal is to make sure local people can get on with their lives (the primary purpose of local authorities) you need to have valid, reliable and relevant information about what services people need to enable them to do that. Then you can decide what things your organization has to do to meet those needs (function) and what structure will best enable it to do those things (form).

Systems should be designed as whole systems

If you’re designing a system, you need to make sure the whole system is actually doing what it’s supposed to do. A system is essentially a set of interacting components. If you change one component, there’s a good chance another component will be affected, so you need to check out the impact on the system as a whole, or the system as a whole might not work.

Good data about the nature of demand is essential

“Demand’ is anything that takes energy out of the system. It includes the processes the system carries out, the number of people using it and the complexity of their needs, the cost of staffing, buildings and equipment etc. It also includes what Vanguard calls ‘failure demand’ – demand due solely to the failure of the system to function efficiently. Failure demand would include duplication, re-referrals, complaints etc.

Variation requires adaptability

A system dealing with high variation (e.g. a large population with a wide range of needs) must be adaptable if it’s to respond appropriately to that variation. The best way we’ve found so far of meeting the wide range of needs across a community is through the classic model of professional expertise. For millennia, communities have met needs through access to people with high levels of expertise, whether carpenters or doctors, tailors or teachers. The key features of these professionals are that they have a high level of both specialist expertise and autonomy. Both qualities are characteristic of the teams using the systems thinking approach.

How do you apply systems thinking to a public service organisation?

Stoke-on-Trent City Council was faced with escalating problems – unemployment, rent arrears, anti-social behaviour etc – at the same time as experiencing significant reductions in funding. It was clear that even before funding cuts, whatever the council was doing to tackle the problems wasn’t an unqualified success, so a radical change was needed to avert disaster. The council applied the systems thinking approach in three phases;

• an analysis of the effectiveness of the old system,
• a pilot study of the systems thinking approach in one location, and
• scaling-up the new system informed by data gathered from the pilot study.

Phase 1: Analysing the effectiveness of the old system

Because it was clear that the old system a) wasn’t working efficiently and b) wasn’t financially sustainable, a detailed examination of its strengths and weaknesses might, on the face of it, appear to be a waste of time. It turns out that several useful outcomes emerge from a detailed analysis of current practice. A analysis enables you to;

• look at the system as a system, not as a set of disconnected agencies and departments,
• see how effective the system is, and why it is or isn’t effective, and
• get detailed information about costs.

The city council already had good city-wide data, so they knew where most of the problems were located geographically, but they didn’t know much about the people with the problems. They couldn’t answer the question “Where do the people who go through your system end up?”

The council team looked in detail at a small number of complex cases from the point of view of the people involved. Analyses carried out by a multi-agency team shed light on how the old system worked – or rather how it didn’t work. The analyses included mapping the pathways followed by people using the system, creating a timeline of interactions with agencies, and comparing what people wanted with what they got.

Mapping the pathways followed by people using the system

Typically, when someone first engaged with the system, the department they contacted dealt with issues within their remit, and then referred the person to other departments or agencies for any other issues. To analyse the pathways people followed, the team drew a map, for each case study, showing each referral. They ended up with some hugely complex diagrams, showing that people often ended up in loops of referrals and re-referrals to the same agencies. Anyone unfamiliar with the system would have found it bewildering and frustrating. Confusion and frustration is what people using public sector systems often report, but until you’ve seen it mapped out on paper, it’s difficult to see where the specific causes of the confusion and frustration lie.

Diagram showing how referrals were mapped

Diagram showing how referrals were mapped

Mapping out a time-line of interactions with different agencies

The team also looked at what interactions people had with different agencies and when. They used used post-it notes to represent interactions, colour-coded for the relevant agency, on a timeline. A typical pattern consisted of a few interactions with a single agency for a few months that then rapidly fanned out into many interactions with multiple agencies. What was clear was that there was no ownership of the case by any specific agency.

Diagram showing timeline of interactions

Diagram showing timeline of interactions

Asking people what they wanted

The team compared what support people said they wanted with what they actually got. One woman, who ended up with health and mobility problems, no support and her children in care, initially had two ‘wants’; access to the first floor of her home and help with housework. If those ‘wants’ had been met at the outset, the cost to the council would have been relatively low. As it was, the fact that neither ‘want’ was addressed resulted in an outcome that was very expensive for the council and catastrophic for the family.

What these exercises showed is that;

• the problems that people presented with (e.g. rent arrears) were often outcomes of other problems
• people often accurately identified the root causes of problems given the opportunity to do so
• addressing the root causes promptly could result in significant financial savings and avoid problems becoming complex
• people using services often experienced unnecessary referrals to multiple agencies and many agencies were duplicating each other’s work
• each interaction with services added to costs
• each increase in complexity of problems added to costs.

Phase 2: Pilot study in one locality

An area of the city known to have high needs was chosen for a pilot study. A ‘locality’ team was set up to respond to issues raised by people in this area. The team’s brief was to address any problems identified when people living in this area came into contact with any local authority services or with the fire or police services, which were by now actively involved with the project.

The new locality team differed from the old functional teams in several important respects;

• each team member would be responsible for ensuring the support of a small group of citizens
• they ‘pulled in’ additional expertise to the team if required, rather than referring the citizen out to another agency
• they used measures to monitor performance and outcomes but didn’t use targets

Phase 3: Evaluating the effectiveness of the pilot study

After six months, the pilot study was evaluated at three levels, Tier 3 – the city level, Tier 2 – which could be described as the locality level, and Tier 1 – the individual level.

Tier 3: City level evaluation

Two years prior to the pilot study the council had identified 35 key strategic measures in order to monitor the cost-effectiveness of their services, so they already had good data at the macro-level, Tier 3. The team used the ‘triangle of need’ to identify the level of support required by particular households.

triangle of need

Triangle of need

Small, but clear reductions in costs for the pilot area of the city were evident compared to similar localities used as controls. The results are tentative because the intervention had only been in place for 6 months.

Tier 1: Individual level evaluation

During the pilot study, the outcomes for seven people were assessed in detail, so data were then available at the individual level – Tier 1. The results were not what the team expected. Overall, the number of interactions with local authority services had increased, but the cumulative cost of those interactions had gone down slightly. By contrast, the demand on health and police services decreased significantly – in some cases by around 90%. Fire service interactions increased, but costs also plummeted because fire service involvement was around fire prevention, not emergency call-outs.

The seven citizens were asked at the beginning of the pilot study what problems they wanted to resolve and their perception of their progress towards resolution was mapped on radar (spider) charts. After six months most had seen significant improvements. The locality teams also filmed some quite moving interviews with people who’d received support from them. The citizens in question were obviously grateful to the locality teams for providing them with relevant, timely support. And surprised that the council offered that support at all.

Tier 2 – Locality level evaluation

After the first 6 months, the proportion of households in the pilot locality needing multiple-agency or specialist support had dropped from 35% to 20%. The council estimates that there are around 5,000 households in the city that fall into one of these two categories and that if the improvements seen in the pilot study can be scaled-up city-wide, over 5 years the council could save £40-80m.

Comments

Some points worth noting emerged during the course of the conference.

Getting other agencies on board was essential

Stoke city council were clear that they couldn’t have proceeded with this work without the active involvement of the police and fire services, and that getting the support of people in charge of other agencies was essential. The massive cost savings to the police, fire and health services suggested their involvement was a worthwhile investment.

Local councillors, often initially sceptical about yet another re-organisation, generally found the facts and figures persuasive.

Seeing the situation on the ground is essential

One housing officer was shocked when she visited the properties that tenants were expected to occupy. So were other team members when they found out what had happened to people who’d contacted their departments. What’s on paper doesn’t always match real life.

It takes time to build up the trust of people using the new system

Finding out more about people’s problems can seem intrusive, and it took time to build up the trust of those with complex problems. But word-of-mouth recommendations about timely, effective support and positive outcomes is beginning to change the relationship between local people and the council.

Staff using the systems thinking approach wouldn’t go back to the old system

Council officers found their working life transformed by the increase in variety, autonomy and effectiveness of their new roles. Most wouldn’t go back to the old way of working. One important factor in improving the time taken to respond to problems, was that the members of the locality team (including a fire officer, a police officer and an alcohol support worker) were based in the same room, resulting in almost instant communication. Other agencies had a designated member of staff to deal with locality team queries.


The main problem with systems thinking – it looks like common sense

One of the drawbacks of systems thinking is that it looks so obvious, it’s easy for organisations to think they are using it already .

For example, many local authority children’s services use multi-agency teams and emphasise the importance of ‘joined-up thinking’, but the teams, their thinking and the outcomes that result bear little resemblance to the locality teams or the outcomes they’ve achieved.

I’ve also seen the triangle of need used by another local authority, not as a way of representing data, but to categorise children with disabilities (low, medium and high needs). Support is available only to families with children with severe or complex needs – those in the top section – meaning there’s a real risk that the problems of families in the middle section will be allowed to escalate.

Systems thinking is based on tried-and-tested principles. It can cope with highly variable demand and results in increased job satisfaction, reduced costs and improved quality of service. The savings and improvements can be significant. A real ray of hope in a public sector facing its greatest ever challenges.

Postscript

As I understand it, the pilot wasn’t rolled out across the city because the elected members of the council were concerned that the initial consultancy fees were greater than the savings to the council over the pilot period.