reforming the SEND system – for good

In the previous post, I claimed that teacher training and targets were two factors that explained why the current SEND system couldn’t work  –  and why it has never worked effectively.  In this post, I’ll explain my claims about teacher training and targets and suggest how the SEND system could become both effective and sustainable.

teacher training

For any system – education, health or social care – to meet the needs of a varied population, two ingredients are vital; expertise and flexibility. Practitioners need the knowledge and experience to deal with any needs they might encounter and the system has to be able to adapt to whatever needs arise.

Bizarrely, teachers have always been expected to teach the 98% or so of children who attend mainstream schools, but have only ever been trained to teach the 80% who don’t have SEN, not the 20% who do. And since funding was withdrawn for special education Master’s degrees in the mid-1980s, SEN expertise has gradually leached out of the education system as a whole as special education teachers have retired. It’s only since 2009 that new SENCOs (special educational needs co-ordinators) have been required to be qualified teachers, and only recent appointees are required to have SEN training. There is still a massive gap in SEND expertise within the education system. How can teachers teach children if they don’t know how to meet their educational needs?


Setting targets sounds like an obvious way to improve performance. You set the target, expect someone to meet it whatever that takes, and provide some sticks and carrots for their encouragement. Targets, accompanied by sticks and carrots, were part and parcel of the early education system but were abandoned because they didn’t work.  And as quality control researchers have been telling us since at least the 1920s, performance depends on the factors that contribute to it. In the current education system, the measure of school performance is actually pupil performance in SATs or GCSEs. But how children perform in tests is influenced by many factors; their health, family circumstances, life events, quality of teaching, their own learning etc. Schools have little or no control over most of those factors, so to measure school performance by pupil performance in tests is pointless.

Despite the evidence, the current education system still sets targets.  And the sticks and carrots expected to encourage schools to raise their (pupil) performance mean that there are no incentives for a school to invest resources in the education of students who are unlikely to improve the school’s test results. If students aren’t going to meet the ‘expected standard’ however hard they or the school try, why invest resources in them? Why not focus on the children likely to meet the ‘expected standard’ with a bit of extra effort?

So, teacher training and targets have been major factors in marginalising the education of children with SEND. But even if the government had a forehead-slapping moment, cried ‘How foolish we’ve been!’, required all teachers to be trained to teach all the children in their classes, and abandoned its ‘expected standards’ criteria, it would take years to transform the system into a SEND-friendly one. Children with SEND don’t have years to spare and their parents have to deal with the here and now. So what needs to be done?

parents can’t police the system

This post was prompted by a recent conversation I had with a parent carer forum. The parent carer forum was of the opinion that parents with good knowledge of the national framework and their local offer can use that knowledge to get commissioners and providers to make suitable educational provision for children.

It’s certainly true that knowledge of the national framework and the local offer (however incomplete) can help. How effective it is at getting commissioners and providers to meet their statutory obligations is another matter. Since the new system was introduced, I’ve been told repeatedly that it’s improved outcomes for parents and children. Maybe – but I have yet to see any. What I have seen is parents who know the national framework backwards having to resort to mediation, tribunal, formal complaint, the Local Government Ombudsman and in some cases being advised that their only option is Judicial Review – exactly the kind of problems that prompted the revision of the SEN system in 2014.

Until I had the conversation with the parent carer forum, I’d assumed these hurdles were the unwanted and unintended consequences of flaws in legislation that had been rushed through (the pilot study didn’t finish until after the legislation came into force). Then the penny dropped. The only explanation that made sense was that individual parents challenging commissioners and providers is the government’s chosen method of enforcing the new legislation.

That’s a terrible way of enforcing legislation.  For many parents of children with SEND, it’s as much as they can do to hold the family together. To expect parents in already challenging circumstances to police a flawed system that was rushed through at a time when LAs are struggling with huge budget cuts is, to put vulnerable families in harm’s way. Not only is that strategy likely to fail to bring about compliance on the part of commissioners and providers, it’s morally reprehensible.  For 150 years, if a school failed a child, parents have been able to appeal to school boards, independent governors or their LEA for support. Not any more. Parents (and children with SEND) are on their own.

what needs changing and who can change it?

The system still needs to change and if parents don’t change it no one else will, so what to do? Since my family entered the SEN ‘world’ 14 years ago, I’ve seen parents fighting lone battles with their LA; the same battles replicated hundreds, if not thousands, of times. I’ve seen parents new to the system set up support or campaign groups only to discover they are just one in a long line of support or campaign groups that have either burned out, or at best brought about change that hasn’t actually made much difference on the ground.

What the individual parents and campaign groups have lacked is focus and organisation. I don’t mean they’ve been unfocussed or disorganised; some of them could focus and organise for England. And there’s no doubt that parent groups were instrumental in getting the SEND system changed. It’s rather that there’s been a lot of duplication of effort, and the focus has been on single issues or fighting on all fronts at once rather than on the key points in the system that are causing the problems.

I think the key points are these;

  • Mainstream teachers should know how to teach all children in mainstream schools.
  • Each child needs an education suitable for them as an individual rather than for the average child in their age group, as the law already requires.
  • Assessment and funding should be the responsibility of separate bodies – the new legislation didn’t do away with the LAs’ conflict of interest.
  • There should be an independent body (with teeth) responsible for implementation and compliance that should support parents in their dealings with commissioners and providers. Parents should not have to resort to legal action except in extreme cases.
  • Parents struggling with the system need more support than they are currently offered. A buddying system matching up parents in similar positions dealing with the same local authority might help. As would training in negotiation.

Much of the negotiation undertaken by individual parents and parent groups is with schools, LA officers or the DfE. And problems with the SEND system are generally seen not as being with the structure of the education system or the SEND legislation, but with implementation. But the problem runs deeper than implementation, and deeper than the SEND legislation. It lies with the structure of the education system as a whole, and with the market model espoused by successive governments. Instead of lobbying LA officers and DfE officials who are trying to implement the law as it stands, groups of parents should be lobbying their local councillors and MPs to ensure that teachers are suitably trained, arbitrary targets are abandoned, and responsibility for implementing the system is distributed more widely. These changes won’t require significant new legislation, but they might require a big shift in thinking.


First posted in July 2016 here.

a short history of special education

In 2006 a House of Commons Select Committee described the special educational needs system as ‘no longer fit for purpose’. By September 2014 a new system was in place. Two years on, it’s safe to say it hasn’t been an unmitigated success. To understand why the new system hasn’t worked – and indeed can’t work – it might help to take a look at the history of special educational needs and disability (SEND).

a short history of SEND

Education became compulsory in England in 1880. Some local school boards set up special schools or special classes within mainstream schools for physically ‘handicapped’* children, but provision was patchy. What took people by surprise was the number of mentally handicapped children who turned up to school.

At the time, teachers were expected to teach according to the official Code – essentially a core curriculum – and many schools in the fledgling national educational system were seriously under-resourced. Teachers were often untrained, paper was very expensive (hence the use of rote learning and slates) and many schools operated in conditions like the one below – with several classes in one room. They just weren’t equipped to cope with children with learning difficulties or disabilities.

Shepherd Street School in Preston in 1902

Shepherd Street School in Preston in 1902§

Two Royal Commissions were set up to investigate the education of handicapped children, and reported in 1889 and 1896 respectively. Both recommended the integration of the children in mainstream schools where possible and that special provision (classes or schools) should be made by school boards. The emphasis was on children acquiring vocational skills so they could earn a living. Those with the most severe mental handicap were deemed ‘ineducable’.

The Royal Commissions’ recommendations, and many others made over the next few decades, were clearly well-intentioned. Everybody wanted the best outcomes for the children. The challenge was how to get there. After WW2, concerns about the special education system increased. Parents felt they had little control, the number of pupils in special schools was rising, and children were still being institutionalised or marginalised from society. In 1973 Margaret Thatcher, then Education Secretary, commissioned a review of the education of handicapped children, led by Mary Warnock, whose Committee of Enquiry reported in 1978. A year later Margaret Thatcher became Prime Minister and some of the Warnock recommendations came into force in the Education Act 1981.

The Warnock report introduced a very different way of understanding ‘handicapped’ children. They were no longer seen as being different, but as having special educational needs – as did up to 20% of the school population. Special educational needs were defined in terms of the support children needed, rather than in terms of their physical or mental impairments. What was envisaged was that many children in special schools would gradually migrate to mainstream, supported by Statements of Special Educational Need. And mainstream schools would gradually become more inclusive, adapting their buildings, equipment and teaching methods to meet an ever wider range of educational needs. The new system might have worked well if the rest of the education system hadn’t changed around it.

context is crucial; one size doesn’t fit all

The Warnock recommendations were made in the context of a very flexible education system. In 1981 Local Education Authorities (LEAs), schools and teachers had a great deal of autonomy in what was taught, how it was taught and when. That all changed with the 1988 Education Reform Act that heralded a compulsory National Curriculum, SATS and Ofsted. Central government essentially wrested control of education from local bodies, something that had been actively opposed for the previous 100 years – few people wanted education to become a political football.

The new education system was at heart a one-size-fits-all affair. Governments find one-size-fits-all systems very appealing. They look as if they are going to be cheaper to run because professional training, equipment and resources can be standardised and performance can be easily measured. Unfortunately for governments, human populations are not one-size, but are very varied. If a universal service is to meet the needs of a whole population, it won’t do that if it’s designed to meet only the needs of the average person. A stark choice faces those designing universal systems; either they can design a system that meets everybody’s needs and resource it properly, or they can design a system that doesn’t meet everybody’s needs and then spend years trying to sort out the ensuing muddle.

The 1880 education system was one-size-fits-all and the next century was spent sorting out the problems that resulted for handicapped children. There was a brief period after 1981 when the education system took a big step towards meeting the needs of all children, but seven years later it flipped back to one-size-fits-all. The last 30 years have been spent trying unsuccessfully to limit the damage for children with SEND.

So what’s the alternative? The answer isn’t further reform of the SEND system, because the causes of the problems don’t lie within the SEND system, but with the broader education system. Two key causes are teacher training and targets – the subjects of the next post.

*I’ve used the term ‘handicapped’ because it was in widespread use in the education system until the Warnock Committee changed the terminology.
§ © Harris Museum and Art Gallery

Originally posted in July 2016 here.

joining the dots and seeing the big picture

I’m a tad cynical about charitable bodies these days, especially if they’re associated with academies. Whilst reading their ostensibly ‘independent’ reports I’m on the lookout for phrasing calculated to improve their chances of doing well in the next funding round, or for ‘product placement’ for their services. So a report from the Driver Youth Trust – Joining the Dots: Have recent reforms worked for those with SEND? was a welcome surprise.

The Driver Youth Trust (DYT) is a charity focused on the needs of dyslexic students. Its programme Drive for Literacy is used in ARK schools. I’m well aware of the issues around ‘dyslexia’ and haven’t investigated the Drive for Literacy; in this post I want to focus on Joining the Dots, commissioned by DYT and written by LKMco.

Joining the Dots one of the clearest, most perceptive overviews of the new SEND system that I’ve read. Some of the findings and explanations for the findings are counterintuitive, often a sign of report driven by the evidence rather than what the report writers think they are expected to say. The take-home message is that the new SEND system has had mixed outcomes to date, but the additional autonomy schools now have should allow them to improve outcomes for children regardless, and it presents some inspiring case studies to prove the point.

Here are some of the findings that stood out for me.

SEND reforms interact with the rest of the education system

Reforms to the school system since 2010 have had an even greater impact on young people with SEND than the 2014 Act itself…we find that changes have often enabled those previously succeeding to achieve even better outcomes, while things have only got tougher for those already struggling. As a result unacceptable levels of inequity have merely been reinforced. It is also clear that changes have been inadequately communicated and that many stakeholders (including parents in particular) are struggling to navigate the new landscape.” (p.7)


“I think that what we did is picked up all the fragments, dropped them on the floor and made them even more fragmented… and now it’s a question of putting them back together in the right order…” – LA service delivery manager (p.15)

SEND pupils and their families have therefore found themselves lost in a system that has yet to reform or regroup.” (p.17)


Three levels of funding are available for schools: Element 1 is basic funding for all pupil, Element 2 is a notional SEND budget based on a range of factors, and Element 3 is high needs block funding mainly for pupils with EHC plans. The lack of ring-fencing around of the notional SEND budget means that schools can spend this money however they want. (p.20)


Pupils with SEND require additional resources and their often lower attainment can impact on the school’s standing in league tables. Parents and teachers reported concerns about admissions policies being stacked against students with SEND.

The local offer

The DfE Final Impact Report for the Pathfinder LAs trialling the new SEND framework found that only 12% of Pathfinder families had looked at their Local Offer and only half of those had found it useful. That picture doesn’t seem to have changed. An FOI request revealed that the number of LA staff with responsibility for SEND varies between 0-382.8 full time equivalent.


Schools often don’t know what information to give to the LA about their SEND pupils, and the information LAs give schools is sometimes inaccurate. The Plumcroft Primary case study illustrates the point. Plumcroft’s new headteacher tried to improve LA support for pupils with SEND but realised that services available commercially and privately were not only often better, but were actually affordable. As he put it; “If a local authority says ‘no you can’t’ most people just go ‘alright then’ and carry on with the service and whinge about it. Whereas the reality is, you can… there’s no constraint at all.” (p.35)


The new SEND system does away with the School Action and School Action Plus categories, partly because of concerns that children identified as having SEN were stuck with the label even when it was no longer applicable. The number of children identified with SEN has dropped substantially since, but concerns have been voiced about how children with additional needs are being identified and supported.

Brian Lamb highlights another concern that emerged in the early stages of the legislation, that pupils who would previously have had a Statement, would, under the new system, find it ‘difficult to impossible’ to qualify for an EHCP unless they also have health difficulties or are in care (p.39). This fear doesn’t seem to have materialised, since LAs are now transferring pupils from statements to EHC plans en masse, and it’s in the interest of service providers to ask for an EHC plan to be in place in order to resource any substantial support a child needs.

All teachers are teachers of children with special educational needs

Even though the DfE itself said in 2001 that ‘all teachers are teachers of children with special educational needs’ teacher training funding has consistently failed to recognise this. The new system hasn’t introduced significant improvements.

Exam reform

A shift to making public examinations more demanding in terms of literacy automatically puts students with literacy difficulties at a disadvantage. A student might have an excellent knowledge and understanding of the subject matter, but be unable to get it down on paper. The distribution of assistive technology varies widely between schools.

Reinventing the wheel

LA bureaucracy has been seen as a significant factor in the move over recent years to give schools increased autonomy. This has resulted, predictably, in increased concerns over transparency, accountability, expertise and resources. Many schools are now forming federations in order to pool resources and share expertise. There is clearly a need for an additional tier of organisation at the local level suggesting that it might have been more sensible to improve local authority practice rather than marginalise it.

The content of the report might not be especially cheering, but it makes a change to find a report that’s so readable, informative and insightful.

Originally posted in December 2015 here.

the new SEN legislation and the Dunkirk spirit

First posted in August 2014, just before the new SEN legislation came into force.  I put my head above the parapet and predicted what would happen.  Judging by this account of an LA’s Ofsted inspection, I wasn’t far wrong.

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

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 until 2013. 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.

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.

the dead sheep in the stream and new special needs legislation

Many years ago, on a walking holiday in the Lake District with friends, the conversation turned to how clean the water in the mountain streams might be. One of the more intrepid members of our party said; “So it would be OK for me to drink this?” “Probably,” replied an experienced fell-walker, “But not if there’s a dead sheep in the beck higher up.”

mountain stream

I was reminded of this incident by my local parent carer group newsletter. It included a couple of articles about the proposed legislative changes for children with special educational needs and disabilities (SEND). The proposals include;

• joint planning and commissioning of services by local authorities and Clinical Commissioning Groups
• individual support specified in a single Education, Health and Care (EHC) Plan
• support extended to age 25 and
• that families of children with EHC plans should have the option of a personal budget.

The proposals have, overall, been welcomed. However, concerns have also been expressed.

The changes were first put forward in March 2011 in a Green Paper entitled “Support and aspiration: A new approach to special educational needs and disability”. I was involved in several groups that responded to the consultation that followed and the general feeling was that it was difficult to comment on the proposals because they hadn’t been set out in enough detail. The Department for Education’s response to the consultation, “Support and aspiration: A new approach to special educational needs and disability – progress and next steps” was published in May 2012 and draft legislation was published in September. The Department for Education appointed 20 pathfinder authorities to pilot and evaluate the proposed changes, with a final evaluation due in the summer of 2013 – almost a year later. Queries about how the proposals would be implemented were generally greeted with advice to wait for the pathfinder reports. In the event, not surprisingly, the pathfinder evaluation has been extended and it is likely that the legislative programme will be delayed until after the final pathfinder evaluation is published.

In discussions about these changes, I’ve felt like a Cassandra, prophesying doom and gloom whilst many around me have remained relentlessly upbeat. After all, the fact that there’s a SEND Bill at all shows that the government recognizes there are problems with the current system, and the proposals show that the DfE knows what the biggest ones are. Many children are likely to benefit from the changes. But in my view the proposals merely tweak problems caused by much more fundamental factors in the system, and that if these factors aren’t addressed, the current set of problems will simply be exchanged for another. One parent I sat next to in a consultation meeting kept saying “At least it couldn’t be worse than the current system.” Well, actually it could. It could be like the situation before the Warnock report in 1978, which recognized that many able children were denied a suitable education because of a physical disability, and many less able children were considered ineducable. Or, as I suggested, the legislation might result in a different set of problems.

Core components of a service

A service – whatever it is and whoever it’s for – has to have several core components. First, expertise. The people offering the service need to know how to accurately assess their clients’ needs and how best to meet them. Second, capacity and resources. An effective service will need enough people with the right expertise and sufficient equipment, materials, buildings etc. Thirdly, before designing the system the service will need to carry out a requirements analysis for all the people who need the service – described as a needs analysis in the case of children with SEND. No service has an unlimited budget, so once planners and commissioners know what the needs are, they can decide what expertise and resources are going to be most cost effective and what service users can probably manage without. This might seem self-evident and appear to be what central and local government are doing already, but since the current system of support for children with SEND clearly isn’t working – and I would argue that it has never worked, in terms of ensuring that most children with SEND achieve their full potential – there must be something going wrong somewhere.

What’s going wrong?

The Department for Education seems to have decided that the problem lies in the way support services are planned, commissioned and delivered. Planning and commissioning aren’t joined up enough, despite local authorities having integrated children’s services for nearly a decade. The process of statutory assessment is too cumbersome and takes too long, even though in principle assessments could be completed within weeks, rather than months. Support doesn’t go on for long enough, despite adult services being available. Local authorities aren’t allocating finance in the most effective way, even though it’s their job to do so. Consequently, the planning, commissioning and delivery of the system are being changed. Since the people who designed the current system presumably thought it would work, and viable processes for planning, commissioning and delivery are already in place, a key question does not appear to have been asked; what made the system go wrong in the first place?

The dead sheep in the stream

This is where the sheep in the stream analogy comes in. Imagine that you live in a farmhouse at the foot of a mountain. The farm is too remote for a mains water supply and for three hundred years the inhabitants have relied on water from a stream fed by a spring halfway up the mountainside. The purity of the water is renowned locally and the only problem has been that the stream flows sluggishly during extreme droughts. Then one day everyone at the farm gets sick. The illness is identified as water-borne and further investigation reveals the source – the body of a sheep in the stream just below the spring, hidden in a densely wooded area. The farming family is advised to boil their drinking water or install a purification unit; but they might not need to do anything involving that level of inconvenience or expense. It would be simpler to remove the body of the sheep from the stream and let the water flow for a couple of days.  Then the farmers could continue drinking the spring water for the next three hundred years without mishap – provided no more bodies end up in the stream.

Requiring local authorities to undertake joint planning and commissioning, implementing EHC plans, extending children’s services to 25 and providing personal budgets are all the equivalent of the farming family boiling their drinking water or installing a purification unit – while there’s still a dead sheep in the stream. So what’s the equivalent of the sheep? I’d say it was a problem with each of the three components of service provision I mentioned earlier – expertise, capacity and resources, and requirements analysis – not downstream in the system near the point of delivery where most of the amendments are taking place, but further upstream.


First, let’s look at expertise. Recent independent reports have indicated a lack of expertise with regard to children in the education (Lamb, 2009), health (Kennedy, 2010) and social care (Munro, 2011) sectors. Despite the Warnock recommendation that children with SEND be taught in mainstream schools where possible being implemented since 1978, it’s only since 2009 that teachers have been required to have any SEN training and that new special educational needs co-ordinators (SENCOs) have had to be qualified teachers. Teaching Assistants (TAs), who now make up around 25% of the mainstream school workforce, are generally not qualified teachers and don’t necessarily have any educational training, but are often the people who spend most time with children with SEN. A recent study (Webster & Blatchford, 2012) revealed that teachers aren’t usually trained to work with TAs, so many TAs are having to work ‘on the hoof’ in the classroom with little or no preparation with a child with learning or behavioural problems. The study found that when TAs worked with the rest of the class for part of the lesson so teachers could spend time with the children with SEN, the achievement of the pupils improved and teachers understood their learning difficulties better. What’s puzzling is how this situation arose in the first place. Here’s an extract from a piece about SENCO training published in the Times Educational Supplement in May 2009.

The [training] courses have been set up to address serious concerns about the perceived “low status” of Sencos and to raise the profile of special needs and disabilities in schools.”

I find it intriguing that although the professional status of SENCOs and poor awareness of special educational needs might be relevant issues, the TES reporter frames SENCO training in those terms of rather than in terms of the expertise required to help all children learn. What does this say about perceptions of SEN?

Capacity and resources

A second factor is capacity and resources; I’ll talk about capacity first. A recurring problem for parents of children with SEND is how long it takes to see professionals who can carry out assessments. Often all that children get is repeated assessments; because of limited service capacity sometimes parents (and occasionally teachers) are expected to implement therapies even though they have no idea what might be causing the child’s problems or what outcomes to expect. Another recent report (Bercow, 2008) suggested that speech and language therapy in England was a postcode lottery, and there doesn’t seem to have been a significant improvement since then. The British Psychological Society has expressed concerns (not for the first time) about cuts in the number of educational psychologists employed by local authorities. And if you google ‘shortage occupational therapist’ you’ll find reports from various parts of the globe. Then there’s resources. Parents report problems getting wheelchairs and large nappies; even the NHS website says that there might be a waiting list for assessments (waits for the actual wheelchair aren’t even mentioned). My local occupational therapy service apologized for the delay in providing therapy for my son. One problem was that they hadn’t been able to access his school to show teachers how to integrate exercises into his school day. Another obstacle was that because their equipment takes an hour to put up and an hour to dismantle, the only time they were able to book a room large enough and available for long enough for them to treat several children in one day was during the school summer holidays.

Requirements analysis

And then there’s the requirements analysis. Under the 1989 Children Act, local authorities are required to keep a register of children with disabilities. This should provide the information they need to enable them to design support services. The register is a voluntary one in the sense that parents volunteer information about their children, and there are obviously questions over what qualifies as a disability, so at best such a register is only going to provide approximate information about the needs of children with disabilities in a given locality. But an approximation is all that’s required. In the past twenty years, it should have been possible to form a fairly accurate picture of local needs, trends over time, and year-to-year fluctuations. But judging by recent reports, support for children with SEND has been getting worse, rather than better. So what’s gone wrong?

I suggest that because education, health and social care systems have been evolving piecemeal during this time, national government initiatives have cut across local authorities’ ability to use data to design effective services. For example, following the Warnock report in 1978, local authorities were encouraged to educate children with disabilities in mainstream schools where possible. An inspiring example of this is the collaboration between a mainstream junior school and a school for children with visual impairment described by Hegarty and Pocklington (1981). At that time, local authorities and individual schools had complete control over such initiatives. Then in 1988, the Education Reform Act introduced a compulsory national curriculum, followed in 1991 by national curriculum assessments, commonly known as SATs. Although there might have been good reasons for introducing both, they have each had an impact on the Warnock recommendation for the inclusion of SEND pupils in mainstream schools. If the performance of schools is assessed by pupils’ performance in standardized tests, systems pressures will inevitably lead to a tendency to marginalize pupils with SEND, either overtly – by schools discouraging admittance or by formal or informal exclusions – or covertly by simply not allocating sufficient resources to their education. Add to this the absence of SEN from initial teacher training and the reduction in SEN expertise within the education system as a whole due to a focus on children within the normal range and the closure of special schools, and no amount of tinkering with statutory assessments or who holds budgets will be able to compensate.

Failure demand

Overlooking shortcomings in factors that are upstream in a system means that whatever you do to problems downstream, they won’t get fixed. In fact the upstream issues create the need for further resources that wouldn’t be needed if the upstream problems were fixed. This phenomenon is what John Seddon calls failure demand – demand created solely by failures of system design. A common failure demand in the case of children with SEND is that avoiding early intervention in an attempt to reduce costs often means that simple problems become complex ones, requiring expensive interventions later on. Not to mention the sometimes permanent damage done to a child’s development and self-esteem, and the time wasted by teachers, parents and professionals trying to get problems resolved in the meantime. Providing sufficient resources to meet needs in a timely manner might not cost more; in fact, once failure demand is eliminated, costs usually go down.

In short, until teachers, healthcare and social care professionals are trained to meet the needs of all children (not just those within the middle range), until there are enough people with that training working within the education, health and social care sectors, and until there are enough materials, equipment and space available to meet the needs of all children, the needs of all children will not, and cannot be met.


Hegarty S. and Pocklington K. (1981). “A junior school resource area for the visually impaired” in W. Swann (Ed.) The Practice of Special Education, Basil Blackwell/Open University Press.

Webster R. & Blatchford P. (2012). “Supporting learning?:.How effective are teaching assistants?” in P. Adey & J. Dillon (Eds.) Bad Education: Debunking myths in education, McGraw Hill.


Photograph: Tullynaglack, Donegal, copyright Louise Price, used under Creative Commons,

First posted in December 2012 at and edited for clarity.