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 And since funding was withdrawn for special education Master’s degrees in the mid-1980s, SEN expertise has gradually leached out of the education system as a whole as special education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.

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.