Northern Ireland Forum

for

Political Dialogue

~~~~~~~~~

SPECIAL EDUCATIONAL PROVISION

FOR SCHOOL - AGE CHILDREN

IN

NORTHERN IRELAND

~~~~~~~~~

ACKNOWLEDGMENT

The Committee wishes to express its sincere thanks to all who

contributed to this examination of special educational provision

in Northern Ireland and to pay tribute to the dedication and pro?fessionalism of the many groups and individuals the Committee

met while researching this report and who form the front line in

providing services and giving advice.

_____________________

“Our concept of inclusive learning is not synonymous with integration.

It is a larger and prior concept. The first step is to determine the best

possible learning environment, given the individual student and learn?ing task .... We envisage a system that is inclusive and that will require

many mansions”

(Professor John Tomlinson - “Inclusive Learning”)

SPECIAL EDUCATION PROVISION FOR SCHOOL - AGE

CHILDREN IN NORTHERN IRELAND

CONTENTS

Page

1. Introduction 1

2. Policy and Legislation 6

3. Roles and Responsibilities 11

4. Finances 15

5. Facts and Figures 18

6. Key Issues 25

7. Summary of Recommendations 46

Annexes

Annex A : Membership of Standing Committee B 50

Annex B : Details of Submissions and Visits 51

3

1. INTRODUCTION

Committee B:

1.1 At its first meeting on 14 June 1996, the Northern Ireland Forum for Politi?cal Dialogue (the Forum) decided to set up a number of Standing Commit?tees to examine matters of concern to the people of Northern Ireland.

Committee B was established on 26 July to examine issues relating to edu?cation provision and report to the Forum. To date it has produced the fol?lowing reports:

* “A review of education administration in Northern Ireland :

Education and Library Boards” (22 November 1996).

* “An examination of pre-school education provision in Northern

Ireland” (27 June 1997).

* “The implications of public/private partnerships for education

services in Northern Ireland” (5 December 1997).

1.2 Details of the current membership of the Committee are set out in Annex

A of this report.

Current study:

1.3 As its fourth area of study, Committee B decided to examine special edu?cational provision in Northern Ireland. The subject proved to be both ex?tremely topical and highly emotive. This report has been written against

4

the backdrop of evolving new policy and legislation on special educational

needs contained in the Education (Northern Ireland) Order 1996, the ac?companying Code of Practice on the Identification and Assessment of

Special Educational Needs and the Labour Government’s recent Green

Paper “Excellence for all Children - Meeting Special Educational Needs”

(October 1997).

1.4 The Committee wrote to key organisations concerned with special needs

education seeking their views on policy and practice in Northern Ireland.

Advertisements were also placed in the three main daily newspapers seek?ing submissions from interested parties. In all, some 37 letters and written

submissions were received and several key groups were invited to give

oral evidence to the Committee between December 1997 and April 1998.

The names of those who provided oral and written submissions are set out

in Annex B, as are details of visits the Committee made. The transcripts of

evidence sessions have been published separately.

1.5 The Committee was particularly impressed by the eagerness of witnesses

to address it, the wealth of knowledge they possessed, particularly the vol?untary organisations, and by the dedication of staff involved in special

needs education.

1.6 Sections 2 - 5 of the report set out the background to special educational

provision in Northern Ireland. The remaining sections reflect the key is?sues of concern to both providers and recipients of special educational

services and, where possible, make recommendations for improvement.

5

1.7 This report enjoys the support of all the parties represented on Committee

B and is therefore in keeping with the remit of the Forum - the promotion

of dialogue and understanding.

Definitions:

1.8 The starting point for any study of special educational provision must be

an understanding of the terminology commonly used. The definitions be?low are taken from “Special Educational Needs - A Guide for Parents”

produced by the Department of Education for Northern Ireland”:

Special educational needs - “a child has special educational needs if he

or she has a learning difficulty that needs special educational provision.”

A learning difficulty - “a child has a learning difficulty if he or she finds

it much harder to learn than most children of the same age or has a dis?ability which makes it difficult to use the educational facilities in the

area.”

Special educational provision - “the special help given to children with

special educational needs.”

Limitations:

6

1.9 The Committee acknowledges the following constraints on its study of

special educational provision in Northern Ireland:

(1) Most of the evidence presented to the Committee related to

children with special educational needs under the age of 16

years. We have therefore largely confined this report to

“school-age” children.

(2) Within the time available to it, the Committee found it

difficult to elicit reliable and directly comparable statistics

on the numbers of children with the various types of

learning difficulties or disabilities and the provision made

for them. This report draws mainly on the figures supplied

to the Committee by the Department of Education and by the

Education and Library Boards, which we presume

provide the most accurate measure of special educational

needs in Northern Ireland. However, the Committee heard

that the Department of Education has commissioned

research by Newcastle-upon-Tyne University to establish a

baseline for special educational provision in Northern

Ireland and so we have not made a recommendation in this

area.

(3) The wide range of learning difficulties and disabilities

subsumed under the generic term of “special educational

needs” led the Committee to focus on areas of common inter?est rather than on the individual concerns of specific groups,

7

although these are also reflected where possible and are contained

in many of the evidence transcripts.

8

2. POLICY AND LEGISLATION

Early History:

2.1 Up until the 1970s, many children with severe learning difficulties were

considered to be unteachable. The Education and Libraries (NI) Order dis?tinguished between “pupils requiring special educational treatment” and

“children unsuitable for education”. It was believed that nothing could be

done for the latter category except look after their medical needs and so

their personal care was the responsibility of the Health and Social Services

authorities. In 1986, Northern Ireland special education legislation was

brought into line with the rest of the United Kingdom and, the following

year, responsibility for the education of “handicapped” school-age children

was assumed by the Department of Education for Northern Ireland.

2.2 In 1978 the report of the Warnock Committee into “The Education of

Handicapped Children and Young People” revolutionised thinking about

children with special educational needs and laid the foundations for all

subsequent policy and legislation. The most notable feature of the War?nock report was its conclusion that as many children as possible with spe?cial educational needs should be educated in ordinary local schools with

their peers. To facilitate this, the report recommended that particular provi?sion should be made for children with “severe, complex and long-term dis?abilities” who were judged by their local education authorities to need the

sort of provision and support not normally available in ordinary schools.

One of the key assumptions of the report was that around 20% of all

school children will have some form of special educational need at some

stage in their school lives and that around 2% will have sufficiently severe

9

or complex needs to warrant formal assessment and specialist provision.

These estimates are still quoted today though their validity is debateable.

The Education (NI) Order 1996:

2.3 The current legislation governing provision for children with special edu?cational needs in Northern Ireland is the Education (Northern Ireland) Or?der 1996, most of which came into effect in April 1996. The Order reflects

for Northern Ireland the special education provisions of the Education Act

1993 and is mainly concerned with:

* defining the terms used in the Order (It is significant that, in

defining “learning difficulty”, the Order covers not only those

children with physical or mental disabilities but also those failing

to develop at a similar rate to their peers).

* setting out the respective duties of Education and Library Boards,

Boards of Governors and Health and Social Services authorities

with respect to special education policy and provision (see Section

3 of this report).

* providing for the publication of a Code of Practice on the

Identification and Assessment of Special Educational Needs

(currently in draft form but scheduled to come into operation in

September 1998).

* providing for the establishment of an independent Special Needs

Tribunal for Northern Ireland with extended grounds of appeal for

parents (which came into operation in September 1997).

10

The Code of Practice on the Identification and Assessment of Special

Educational Needs (The Code of Practice):

2.4 Established under the 1996 Order, the Code of Practice sets out detailed

guidance on procedures to be followed by schools when determining spe?cial educational provision. Its key underlying principles are:

* a focus on the educational needs of the child;

* emphasis on early identification, assessment and addressing of

special educational needs;

* provision of a broad and balanced education, including access to

the Northern Ireland curriculum at a level appropriate to the

child;

* integration of children with special educational needs into

mainstream education provided this is compatible with the

educational needs of the child , the efficient education of other

pupils and the efficient use of resources;

* emphasis on the important contribution of parents;

* promotion of an inter-agency partnership approach to special

needs provision.

2.5 In particular, the Code of Practice introduces a 5-stage process for the

identification and assessment of special educational needs, although it

should be noted that the Code of Practice has been in operation in the rest

of the United Kingdom for the past four years and is currently being re?viewed. This may lead to a reduction in the number of stages in the interest

of speeding up the identification and assessment process which will have

11

implications for Northern Ireland. At present, the first three stages are in?formal and school-based but demand increasing intervention by the school.

The last two stages involve the Education Board in formal assessment pro?cedures. Very briefly the stages are as follows:

Stage 1 Teacher becomes concerned, enlists the help of the school’s

Special Educational Needs Co-ordinator (the SENCO).

Stage 2 SENCO takes responsibility.

Stage 3 Outside help enlisted - peripatetic teachers etc.

Stage 4 Referral to Education and Library Board for formal

assessment.

Stage 5 Making of a Statement identifying special educational needs

and specifying provision needed.

2.6 Stages 4 and 5 are significant in that the formal assessment and “state?menting” of children with special educational needs confers on them legal

rights and guarantees of funding not shared by non-statemented children

with special educational needs. The latter are mainly dealt with under

Stages 1-3 and provided for within their local school out of its normal

delegated budget.

2.7 The Appendix to the Code of Practice identifies 8 main areas of learning

difficulties:

* Learning difficulties (moderate, severe or profound and multiple);

* Specific learning difficulties

* Emotional and behavioural difficulties

* Physical disabilities

* Sensory impairments (hearing difficulties)

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* Sensory impairments (visual difficulties)

* Speech and language difficulties

* Medical conditions

The incidence of each category and the types of services currently pro?vided will be explored later in section 5.

2.8 The Code of Practice is an important step towards standardising and im?proving provision for children with special educational needs. The Code

provides guidance to Education and Library Boards and Boards of Gover?nors on the discharge of their statutory responsibilities in respect of these

children. They have a legal obligation, under the terms of the 1996 Order,

to “have regard to” the Code in carrying out their statutory duties. How?ever, the provisions of the Code itself are not legally binding.

The Special Educational Needs Tribunal:

2.9 The Education (NI) Order 1996 also provided for the setting up of a Spe?cial Educational Needs Tribunal to bring independence to appeals by par?ents against Board decisions about special educational provision (formerly

arbitrated by the Department of Education) and to extend their grounds of

appeal. The Tribunal has only been in operation since last September but it

has taken considerable care to ensure that its literature and proceedings are

as informal and user-friendly as possible and it anticipates around 40 ap?peals a year (by comparison with statistics for the rest of the United

Kingdom).

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3. ROLES AND RESPONSIBILITIES

The Department of Education

3.1 The Department of Education has a strategic role in developing education

policies. It funds education services (mainly by block grant to the 5 Educa?tion and Library Boards) and approves the methods they use to grant-aid

individual schools. It also ensures that schools are subject to periodic in?spection by the Education and Training Inspectorate. These general re?sponsibilities include special needs education.

3.2 The Education (NI) Order 1996 requires the Department to issue and keep

under review a code of practice giving practical guidance to Education and

Library Boards and Boards of Governors.

The Department of Health and Social Services

3.3 The Department of Health and Social Services is responsible for integrated

health and social services delivered through Health and Social Services

Boards, Trusts and practitioners. Its strategy document "Health & Wellbe?ing: Into the Millennium" singles out special educational needs as a key

area.

3.4 The Department is responsible for the pre-school identification and assess?ment of disability, for the assessment of 14 year old children (with special

educational needs) for disabled classification and for the assessment of the

needs of disabled children on leaving school.

14

3.5 The Department is also responsible for advice to Education and Library

Boards during formal assessments and annual reviews of statements and

for providing medical support and therapy services for statemented chil?dren. It does this through the specialist services of paediatricians, school

doctors, psychiatrists, psychologists, nurses, speech and language thera?pists, physiotherapists, occupational therapists and social workers.

The Education and Library Boards

3.6 The Education and Library Boards are responsible for funding individual

schools, for establishing general systems, both practical and advisory, to

support them and for ensuring that there are sufficient schools to meet edu?cational needs.

3.7 Under the Education (NI) Order 1996 they are required to determine and

keep under review their policy and arrangements for special educational

provision, in consultation with other relevant bodies.

3.8 Boards are also responsible for identifying, assessing and providing for all

children with special educational needs up to the age of 19. Provision is

normally made in mainstream schools, in special units or in special

schools.

3.9 The 1996 Order places a duty on Boards to promote the education of chil?dren with special educational needs in mainstream schools provided this is

compatible with meeting the child’s needs, the efficient education of other

pupils and the efficient use of resources. In identifying and providing for

15

special educational needs, Boards provide a variety of services including

educational psychologists and peripatetic teachers.

3.10 Boards are responsible for advice and support to schools, Special Educa?tional Needs Co-ordinators and teachers, particularly regarding the imple?mentation of the Code of Practice, and for the provision of in-service

teacher training. They are also responsible for advising parents about iden?tification and assessment procedures and about support and services

available.

Boards of Governors

3.11 Boards of Governors are responsible for the day to day management of

schools. Under the Education (NI) Order 1996 they have a duty to do their

best to ensure that children with special educational needs are receiving

the special educational provision they require. They must also try to secure

the education of children with special educational needs in mainstream

schools provided this is compatible with meeting the child’s needs, the ef?ficient education of other pupils and the efficient use of resources. In car?rying out their statutory responsibilities Boards of Governors are required

to have regard to the Code of Practice.

3.12 Boards of Governors must publish and review regularly their policy on

special educational provision and report annually to parents. They must

also ensure that the children’s special educational needs are made known

to teachers.

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The Council for Catholic Maintained Schools

3.13 The primary focus of the Council for Catholic Maintained Schools is on

raising school standards and providing an upper management tier for the

Catholic maintained sector. It is also the employing authority for teachers

in these schools.

3.14 The Council has no direct responsibility to identify, assess or make provi?sion for children with special educational needs but its policies regarding

these children are in line with the Code of Practice.

3.15 Under the Education Reform Order 1989, the Council’s specific responsi?bility for children with special educational needs is to do its best to ensure

that suitable provision is made for them. In practice, the Council consults

with trustees on the planning of school provision, including special educa?tional needs provision, and provides advice to Boards of Governors in the

maintained sector on their responsibilities.

The Education and Training Inspectorate

3.16 The Education and Training Inspectorate is the main source of professional

advice to the Department of Education, with sole responsibility for inspec?tion of schools. It is involved in the observation and evaluation of stan?dards, practice and provision in all sectors, including special educational

provision.

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4. FINANCES

4.1 The Department of Education funds local education services mainly

through block grants to Education and Library Boards. Funding for the

running costs and minor maintenance needs of mainstream schools is con?tained in their delegated Local Management of Schools (LMS) budgets

which are determined by the Boards. The Department has also delegated

the funding of special educational provision to Education and Library

Boards, in accordance with individual Board policies.

4.2 Elements of a typical school LMS budget are:

(1) Funding per pupil (weighted by age)

(2) Premises costs

(3) Special educational needs allowance

(4) Social deprivation allowance

(5) Miscellaneous allowances e.g. to protect curriculum cover or

teacher numbers in smaller schools

Items 3 and 4 are directly related to special educational provision.

4.3 The expenses of non-statemented children with special educational needs

are met from school LMS budgets, augmented by a special needs allow?ance which is calculated using the Warnock report estimate of the inci?dence of such pupils i.e. 20% of the general school population.

4.4 The Board also makes extra money available to schools to counteract the

effects of social deprivation among pupils. These resources are allocated

according the number of registered pupils entitled to free school meals.

This is not widely regarded as a satisfactory measure and it is currently

18

under review, but it is used in the absence of a more universally applicable

indicator.

4.5 Boards also have a central fund for special educational provision for state?mented children. This money is generally spent as follows:

* Special schools

* Special units

* Fees

* Services other than school

* Educational psychology service

* Peripatetic teachers

* Hospital and home tuition

* Special education administration

* Mainstream statemented pupils

Special education expenditure (by Education and Library Boards):

WELB SEELB SELB NEELB BELB

School LMS budgets

(Non-statemented children)

(1) Special Needs £2.2m £2.0m £2.0m £2.8m £2.4m

(2) Social Deprivation £6.3m £2.8m £6.2m £3.5m £5.9m

Board funding £10.8m £13.5m £11.4m £13.9m £12.4m

(Statemented children)

(Source: NI Education and Library Boards. These figures are indicative

only as some Boards provided expenditure figures for 1996/7 while oth?ers quoted their current budget for 1997/8)

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4.6 According to the Department of Education, the pattern of expenditure by

Education and Library Boards on special educational provision for the

statemented children over the past five years was as follows:

1992/3 1993/4 1994/5 1995/6 1996/7

TOTAL £47m £50m £53m £60m £64m

The increase in expenditure from 1992 to 1997 on special educational pro?vision has been greater than for the rest of the education sector, largely due

to increased demand for formal assessment and increased numbers of

children with statements of special educational needs (see paragraph 5.4).

4.7 The Department has also earmarked the following additional funding for

the implementation of the Code of Practice.

1998/9 1999/2000 2000/1

TOTAL £3.6m £7.0m £7.0m

The extra money will be used for:

* Training teachers and Boards of Governors

* Educational psychology and other support posts

* School support (including computerisation of records)

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5. FACTS AND FIGURES

5.1 From the start of this study, the Committee was struck by the wide range

of learning difficulties; from relatively minor language and reading delay

which may be provided for within the classroom, to profound and multiple

difficulties and disabilities requiring long-term learning programmes and

often specialist provision within a special school.

5.2 As noted in section 2, the main distinction perpetuated in the Education

(NI) Order 1996 and in the Code of Practice on the Identification and As?sessment of Special Educational Needs is that between children who have

a formal statement of their special educational needs, and of the provision

they require, and those who do not. The formal assessment and statement?ing process is intended to reflect the recommendation of the Warnock re?port that special provision should be made for children with severe,

complex and long-term disabilities who are likely to need the sort of sup?port not normally available in ordinary schools. In practice this means that

children with statements are subject to a statutory process of assessment

and annual review of their needs and are guaranteed the provision speci?fied. Children without statements (who are estimated to make up almost

90% of children with special educational needs) have fewer legal rights.

5.3 According to the Department of Education, around 70,000 Northern Ire?land school children may be expected to have special educational needs at

some point in their school lives (based on the Warnock formula of 20% of

the school population). Around 2.5% of school children currently have

statements. Comparison with the rest of the United Kingdom shows a

21

steady increase in numbers of statements since 1990, though Northern Ire?land still remains at an overall lower level.

Proportions of pupils with statements

1990/1 1993/4 1996/7

N. Ireland 1.6% (5,500) 2.1% 2.5% (8,500)

England 2.1% 2.6% 2.8%

(Source: Department of Education presentation to Committee B)

5.4 The following reasons were given to the Committee to explain the

increasing percentage of children with formal statements:

* Medical advances - the decrease in mortality rates for premature

babies, modern antibiotics and improved post-accident trauma

care have all contributed to an increase in the number of

profoundly or multiply disabled children.

* The continuing identification of new syndromes - at the time of the

Warnock report specific learning difficulties, speech and language

difficulties, autism and emotional behavioural difficulties were not

recognised.

* A Statement of special educational needs is a guarantee that any

additional resources required to meet those needs will be

provided.

22

* School league tables exclude the performance of statemented

pupils so there is an incentive for schools to have borderline

pupils formally assessed.

* The community care reforms, the new Education (NI) Order 1996

and the Code of Practice - which have defined responsibilities for

provision and heightened parental awareness.

5.5 Provision for children with special educational needs can be made in a va?riety of settings - in local mainstream primary or secondary schools, in

special units or in special schools. Very occasionally home tuition or

placement outside Northern Ireland may be required.

Mainstream schools: Non-statemented children with special educational

needs are normally educated in mainstream schools and their needs are

met from the school’s delegated budget. In some cases children with state?ments are also placed in mainstream schools, with additional resources and

support made available by the Board e.g. peripatetic teaching or classroom

assistants to meet specified literacy, numeracy, physical or sensory needs.

Special units: Statemented children with difficulties in literacy, numeracy,

physical disability or sensory impairment are often placed in special units

attached to mainstream primary and secondary schools where the pupils

can benefit from one to one or small group teaching as well as integration

for practical, social or recreational activities

Special schools: Pupils who experience more severe learning difficulties,

including physical or mental disabilities, severe behavioural problems,

23

severe sensory impairment or speech and language difficulties are often

placed in special schools.

Placement of children with statements

Special Schools Special Units Mainstream

1990/1 3,800 (69%) 900 (17%) 800 (14%)

1993/4 4,400 (61%) 1,400 (20%) 1,350 (19%)

1996/7 4,700 (55%) 1,600 (19%) 2,200 (26%)

(Source: Department of Education presentation to Committee B)

5.6 In line with government policy and the recommendations of the Warnock

report, placements in mainstream education have seen the highest increase

since 1990, though less significant than for the rest of the United Kingdom.

5.7 Although the generic term “special educational needs” was introduced in

1985 to replace former prescribed categories of handicap, the Appendix

to the Code of Practice deals separately with eight types of learning diffi?culties or disabilities. Brief details of each are set out below although it

should be noted that children may have multiple learning difficulties and

the demarcation lines between categories are not clearcut e.g. between

moderate and severe learning difficulties:

(1) Learning Difficulties (moderate, severe or profound and multiple)

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This is the general category into which most children with

special educational needs will fall unless they have the specific

difficulties or disabilities set out from (2) to (8) below.

Children with moderate learning difficulties, the largest category

of special educational need, may be in mainstream classes, special

units or special schools depending on their needs and on available

provision. Those in the severe or profound and multiple groups are

largely educated in special schools.

(2) Specific Learning Difficulties (e.g. Dyslexia)

Dyslexia, the most common problem in this category, has only

recently been recognised as a learning difficulty. Children with

specific learning difficulties do not normally require statements

and are generally catered for in mainstream classrooms.

(3) Emotional & Behavioural Difficulties (EBD)

A rapidly growing category ranging from children with attention

deficiency disorders requiring special assistance to children with

severe emotional or behavioural problems requiring withdrawal

from mainstream education and specialist provision, although

many of the latter are left too long in mainstream classes before as?sessment.

(4) Physical Disabilities

For many of these children the main obstacle to mainstream

education is lack of access to school buildings rather than lack of

intellectual ability - the problem becoming worse at secondary

25

level. Some of the most severely disabled children attend Fleming

Fulton School.

(5) Sensory Impairments (Hearing difficulties)

Around 90% of these children are educated in mainstream classes

with peripatetic teaching support or in special units. Some of the

most severely affected children attend Jordanstown School.

(6) Sensory Impairments (Visual difficulties)

The situation is similar to that of hearing impaired children, with

the majority being educated in mainstream classes with peripatetic

teaching support while some of the most severely affected children

attend Jordanstown School.

(7) Speech & Language Difficulties

Another growth area. Many of these children attend schools with

special units; some attend special schools like Thornfield School.

The key factor in provision are the speech therapy services

supplied and funded by the Department of Health and Social

Services.

(8) Medical Conditions

Some medical conditions may affect a child’s academic

performance e.g. congenital heart disease, cystic fybrosis,

leukaemia etc. Many are educated in mainstream classes but may

require periodic assistance after bouts of illness or periods of

hospitalisation.

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5.8 Special school enrolment figures for the academic year 1996/7 record the

following percentages of statemented children by type of learning

difficulty:

Enrolments of statemented children in special schools (1996/7):

Moderate learning difficulties (MLD) (45%)

Severe learning difficulties (SLD) (34%)

Specific learning difficulties *

Emotional and behavioural difficulties (EBD) (4%)

Physical disabilities (5%)

Speech and language (3%)

Sensory impairments (hearing and visual) (3%)

Medical Conditions (6%)

* Note: Children with specific learning difficulties are not normally

statemented

(Source: Department of Education presentation to Committee B)

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6. KEY ISSUES

6.1 In assessing the evidence, the Committee concentrated on identifying is?sues of common interest rather than the individual concerns of specific

groups, although these are also reflected where possible. Concerns differed

between providers and recipients of special educational services but the

Committee was surprised by the remarkable similarity of their views on

what constitutes the key issues.

Early identification and assessment:

6.2 All witnesses agreed that early identification and assessment of special

educational needs is important for the well-being and education of the

child. While some disabilities will be obvious from birth e.g. Down’s syn?drome and spina bifida, other learning difficulties are not immediately ap?parent. The earlier the provision of help and support, the greater the

long-term benefit to the child and the potential for later savings to the pub?lic purse. The Committee heard that:

* Speech and language development is the foundation of later

literacy skills. Early diagnosis and the specialist support of

therapists and peripatetic teachers is crucial for children with

speech and language difficulties, dyslexia and hearing

impairments, to prevent the development of long-term

educational problems and to enable them to access the

national curriculum. Failure to identify and address these

problems early enough can lead to frustration in the child and

28

to the development of additional emotional and behavioural

difficulties

* Early identification and provision for children with physical or

motor disabilities will encourage greater independence and less

reliance on personal care later on.

6.3 A comprehensive early identification programme will have implications for

the educational psychology service, for teachers and for health service

professionals.

Early years’ provision:

6.4 In its second report, “An examination of pre-school education provision

in Northern Ireland”, the Forum’s main recommendation was that the De?partment should implement its own aim “to provide one year of nursery

education for all those under compulsory school age whose parents wish

them to receive it”. Early years’ provision is important for the early identi?fication of learning difficulties and for the development of essential pre?literacy skills.

Baseline assessment:

6.5 Baseline assessment is also essential for the early identification of learning

difficulties. Early and periodic assessment of children’s performance

against national standards will lead to more information about what chil?dren can and cannot do, what progress they are making and the effective?ness of various education strategies. The draft Education (NI) Order 1998

29

contains proposals for introducing baseline assessment which were wel?comed by the NI Forum for Political Dialogue in its response to the De?partment of Education’s consultation on the draft Order.

Recommendations:

That the Department of Education and the Department of Health and

Social Services should together devise a comprehensive and system?atic programme of screening and baseline assessment to identify all

the categories of learning difficulty set out in the Annex to the Code of

Practice on the Identification and Assessment of Special Educational

Needs at the earliest possible stage.

That health and education professionals act on the valid concerns of

parents, given that they are often the first to realise that their child is

not developing normally.

That the Department of Education should implement its aim "to pro?vide one year of nursery education for all those under compulsory

school age whose parents wish them to receive it"

Inclusion and integration:

6.6 These two terms are often considered to be synonymous and used inter?changeably. The Committee considered the comments of Professor John

Tomlinson in his report for the Further Education Funding Council entitled

“Inclusive Learning”.

“ Our concept of inclusive learning is not synonymous

with integration. It is a larger and prior concept. The

first step is to determine the best possible learning

environment, given the individual student and learning

task ... For those with a learning difficulty the

resulting educational environment will often be in an

30

integrated setting... Sometimes it will be a mixture

of the integrated and the discrete. .. and sometimes, as

in the specialist residential colleges, it will be discrete

provision. We envisage a system that is inclusive and

that will require many mansions.”

6.7 While Professor Tomlinson was mainly concerned with college students,

his remarks are more widely applicable. His concept of inclusion is to pro?vide the maximum access to learning and education suited to the needs of

the individual. This does not automatically mean integration of all children

with special educational needs into mainstream classrooms.

6.8 The Education (NI) Order 1996 and the accompanying Code of Practice

restate the aim to educate as many children as possible in ordinary local

schools in order to give children with special educational needs access to a

broad curriculum, to encourage greater mixing with their peers and to pre?pare them for participation in society in their later lives. Some voluntary

groups argued for the concept of inclusion to mean integration of all chil?dren into mainstream education and have geared their project funding in

this direction.

6.9 However, the legislation clearly attaches three conditions to the main?stream education of children with special educational needs; that it is com?patible with meeting the needs of the child, the efficient education of other

pupils and the efficient use of resources.

6.10 Information is not readily available about the comparative costs of main?taining disabled children in mainstream education and in special schools.

The 1992 Audit Commission report on provision in the rest of the United

31

Kingdom indicated that there is no significant difference in cost. The group

Action for all Speech Impaired Children (AFASIC) cited the cost of sup?porting a child in a speech and language unit as no greater than in a special

school. However, there still remain the needs of the child and of other pu?pils to be considered.

6.11 The conclusion of most witnesses was that certain complex needs and se?vere disabilities or behaviours are unlikely to be successfully provided for

in mainstream classes without a great deal of specialist support, stress for

the child and disruption to the education of other pupils, nor would it nec?essarily produce real inclusion other than locational proximity. The con?sensus was that a balance has to be struck so that children are placed

according to their needs. For many children with special educational

needs, including moderate learning difficulties, specific learning difficul?ties, sensory impairments or speech and language difficulties, mainstream

education in normal classes or in special units may be appropriate and

beneficial. Other children may need a specialised environment with spe?cialist teaching and equipment. While we should strive for as much inte?gration as possible, we should be careful not to lose the range of provision

currently existing in Northern Ireland.

6.12 While integration is a laudable aim, it may not provide the appropriate en?vironment for some pupils or fit with parental choice and it must be ac?companied by earmarked resources for smaller classes, teacher training,

learning support assistants, specialist teaching and therapy services and

specialist equipment.

League tables

32

6.13 School league tables can militate against integration. When a school’s

reputation depends on success in transfer tests, teachers will be under

pressure to concentrate on the brightest children and may not be able to

give adequate additional support to individuals. Also, since the perform?ance of statemented children is not counted in league tables, there is an in?centive to refer borderline pupils for formal assessment and to place them

in special units or special schools when they might have been accommo?dated in mainstream classes with some extra support.

Outreach services

6.14 The Education and Training Inspectorate highlighted the importance of

making the considerable expertise in special schools and special units

more widely available through more outreach and school liaison work.

This would enable more children with specific learning difficulties, speech

and language difficulties and sensory impairments to attend their local

schools supported by outreach services from skilled professionals. This

would, of course, have resource implications.

Access

6.15 Lack of physical access to school buildings is a major barrier to the inte?gration of physically disabled children regardless of their intellectual abil?ity, particularly children with spina bifida. This is a particular problem in

the secondary sector where pupils are expected to move between class?rooms and laboratories. Capital resources need to be made available to im?prove access to schools. Although the designation of a number of

33

strategically placed schools specially adapted for physical access is a good

half-way measure to integration, it will not end segregation if parents of

able-bodied children withdraw them from the school.

Special units:

Finally, some witnesses pointed out that the location of special units within

secondary schools may limit the access to the curriculum and to academic

qualifications of a highly intelligent child with special educational needs

e.g. a child with a sensory impairment.

Recommendations:

That, while pursuing a policy of mainstream education of children

with special educational needs, the Department of Education should

retain the specialist provision currently available in our special

schools.

That children with special educational needs should not be prevented

from being educated in mainstream classes solely through lack of ade?quate support by Education and Library Boards

That the Department of Education should provide additional re?sources to enable Special Schools to develop outreach support services

for children with special educational needs in mainstream classes and

special units.

That the Department of Education should make capital funding avail?able for improving disabled access to schools and that all new schools

should have disabled access and toileting provision incorporated at

the planning stage, if this is not already common practice.

That the Department of Education should investigate the need for spe?cial units attached to grammar schools.

34

Staff training and qualifications:

6.16 The Committee heard that, although the Department of Education assumed

responsibility in 1987 for the education of children formerly classed as

mentally handicapped, many of the staff in special schools remained un?changed. They are dedicated and experienced in the personal care of these

children but are often without qualifications in special needs education.

6.17 In initial teacher training, special needs education is only an optional mod?ule in the Bachelor of Education degree course. Specialist training courses

e.g. for teaching visually or hearing impaired children are only available in

the Republic of Ireland or in universities in Great Britain such as Birming?ham and Manchester. There is also a need for professional training courses

in Northern Ireland for teachers wishing to work with children with severe

learning difficulties combined with profound or multiple physical

disabilities.

6.18 The policy of educating more children with special educational needs in

mainstream schools and the implementation of the Code of Practice will

increase the need for in-service training of teachers and Special Educa?tional Needs Co-ordinators in diagnostic and remediation strategies so that

they can cope with their new responsibilities. Training for classroom assis?tants is also important as they have a wider role than personal care - chil?dren need to be encouraged and assisted to learn.

6.19 Witnesses pointed out that some school inspectors may have little experi?ence of or qualifications in special educational provision and may not be

35

up to date with developments in this complex and changing field of educa?tion provision. It is essential that those who inspect special schools and

special units are properly qualified to do so.

Recommendations:

That, in conjunction with the universities and teacher training col?leges, the Department of Education should consider how best to pro?vide for the adequate training of sufficient numbers of educational

psychologists and teachers with qualifications in various types of spe?cial needs education.

That appropriate training should be provided for care assistants, par?ticularly those supporting statemented children in mainstream

classes.

That the Education and Training Inspectorate should ensure that in?spectors of Special Schools are appropriately qualified and competent

to examine this highly specialised area of education provision.

Staff shortages:

6.20 Adequate numbers of professional, specialist and support staff are essen?tial for the effective assessment and provision for children with special

educational needs. However, many witnesses pointed to staff shortages in

a number of key areas.

Educational psychologists

6.21 The educational psychology services of Education and Library Boards are

deeply involved in implementing the formal assessment and statementing

stages of the Code of Practice. There are waiting lists for assessment in

36

most Board areas due to staff shortages but small specialties like educa?tional psychology have a limited uptake at universities and colleges. The

fact that the current 1-year post-graduate degree course at Queens Univer?sity Belfast is soon to become a 3-year doctorate course is likely to act as

a further disincentive as the annual grant of £12,000 a year is unlikely to

be attractive to a qualified teacher.

Speech and language therapists

6.22 There is a widely acknowledged need for more speech and language ther?apy provision in Northern Ireland. Early identification and therapy are es?sential if children with speech and language difficulties are to avoid

long-term educational problems. Provision is limited partly by shortages of

staff and partly by the division of responsibility between education and

health authorities.

6.23 In law, responsibility for the provision of speech and language therapy

rests with education authorities but financial and employment control rests

with health authorities. There is disagreement over whether speech and

language therapy should be specified in statements as an educational or a

medical need, although tribunals have invariably found that it was an edu?cational need for the individual children concerned. If Boards are to have

responsibility for speech therapy provision but not for its funding, there

may well be a need to shift financial control to them (as has already been

done in Scotland). The levels of therapy services required should also be

specified in statements.

Peripatetic teachers

37

6.24 There also appears to be a shortage of specialist peripatetic teachers in

some Board areas. Again, the need for such support should be clearly

specified in statements so that provision is guaranteed.

Nurses and occupational therapists

6.25 Additional specialist provision is needed for children with severe learning

difficulties combined with profound or multiple physical disabilities.

Many have associated medical problems arising from feeding problems,

epilepsy etc. This is a growing area of demand and it is important to ensure

the availability of adequate nursing and therapy provision in special

schools through effective partnership with health and social services

authorities.

Care assistants

6.26 These staff, known as learning support assistants in the rest of the United

Kingdom, are essential if the most disabled children are to engage in

meaningful class work and yet the need for such support is not always

clearly specified in statements. Special schools complained that cutbacks

in funding had forced them to suppress necessary assistant posts. In

schools, the need for these assistants is tied to the needs of individual chil?dren and so their appointments are often casual and short-term. Some wit?nesses argued for a regional care assistant service to provide greater

flexibility, opportunities for in-service training and a more organised ap?proach to provision.

38

Recommendations:

That the level of therapy, specialist teaching or care assistance re?quired should be clearly specified in a child’s Statement of Educa?tional Needs.

That the budget for speech and language therapy services for children

with special educational needs should be held by the Department of

Education.

That the Department of Education should define clearly the role of

care assistants and review their deployment.

Implementing the Code of Practice:

6.27 The Education and Library Boards and the teachers’ Unions welcomed the

proposed introduction of the Code of Practice on the Identification and

Assessment of Special Educational Needs as a significant step towards

standardising the treatment of children with special educational needs and

ensuring that they are identified and provided for. However, its introduc?tion will create pressures of timescales, paperwork and demand for serv?ices. Witnesses pointed to the additional burdens and costs its

implementation will create and the need for extra funding. Earlier in this

section we noted the implications of the Code for staff training.

6.28 The Code requires a detailed approach to identification and assessment but

the administrative implications are time consuming and will constrain the

number of assessments, annual reviews and transition plans possible. Al?though the Code recommends a timescale of 6 months for the 5-stage

process, there is no statutory time limit on the statementing process. On

the other hand, simply shortening the timescale makes it more difficult for

39

hard-pressed services like the educational psychology service to fit in their

assessment reports and highlights the need for more professional staff.

(This is explored in more detail in the next section).

6.29 The workload implications of the early stages of the Code for teachers are

considerable, particularly the time required for the writing of reports and

individual education plans. Special Educational Needs Co-ordinators will

spend considerable time liaising with parents and with various external

agencies. This needs to be allowed for during working hours by flexible

timetabling and non-contact time.

6.30 The Department of Education has earmarked additional funding of £16.6

million during the first 3 years of operation of the Code, for the training

of teachers and Governors, school administrative support and educational

psychology services, but this is unlikely to meet the needs identified by

witnesses in this report.

6.31 Finally the Code of Practice has been in operation in the rest of the United

Kingdom for four years and is currently being reviewed. This may result in

its simplification e.g. a reduction in the number of stages, and some wit?nesses argued against introducing the Code in Northern Ireland in its cur?rent unrevised format in September 1998.

Recommendations:

That Special Educational Needs Co-ordinators should be facilitated in

carrying out their responsibilities through flexible timetabling and

non-contact time

That minor changes resulting from the current review of the Code of

Practice on the Identification and Assessment of Special Educational

40

Needs in Great Britain should be assessed and incorporated into the

Northern Ireland Code of Practice if appropriate. Any significant

changes proposed should be subject to public consultation prior to the

introduction of the Code in Northern Ireland in September 1998.

Non-statemented children with special educational needs:

6.32 Since the Warnock report, policy and legislation have reflected the belief

that children with severe learning difficulties are teachable. They now have

a legal right to special educational provision to meet their needs. In this

context, it is important to note that the percentage of children with state?ments is steadily rising for the reasons outlined in paragraph 5.4. In North?ern Ireland the percentage is currently 2.5% and in some Local Education

Authority areas in Great Britain the percentage is as high as 5 or 6%. The

Warnock report estimate of 2% cannot be considered accurate and, more

importantly, provision should be driven by the educational needs of the

child and not by arbitrary quotas.

6.33 There is also a need to ensure that funding for this increasing area of de?mand does not squeeze the funding of mainstream schools so that they be?come increasingly unable to provide for non-statemented children who

make up the bulk of pupils with special educational needs.

6.34 Under the 1996 Order, the key test of whether to statement a child is the

ability of an ordinary school to provide the type of special educational sup?port the child needs. There are, however, no national standards of what

special educational support a child might expect in an ordinary school or

of what might be considered to be resources not generally available in or?dinary schools. The majority of children with special educational needs

41

will not have a formal statement, only an individual education plan drawn

up by the school Special Educational Needs Co-ordinator. As a result,

statementing may often seem to be best for the child and best for the

school.

6.35 While it is right to ensure that special educational provision is made for

children with severe disabilities and complex needs, these children will

normally continue to be supported by Health and Social Services authori?ties throughout their adult lives. Non-statemented children will be expected

to integrate into society and to compete for employment, yet the standard

of provision they have a right to expect is unclear and resources are not

guaranteed.

Recommendations:

That the Department of Education should clearly define what types

and levels of special educational support a child might expect to re?ceive in an ordinary school.

That the Department of Education should provide sufficient resources

to ensure adequate special educational provision for non-statemented

pupils in mainstream schools.

Administration:

6.36 Many witnesses raised the issue of the lack of uniformity in administration

and provision between Education and Library Boards. The Committee

heard that Boards vary in:

42

* The cost of special educational provision - depending on the

existence of accessible equipped schools, travelling distances

etc. The Department of Education is awaiting the outcome of

an Audit Office examination of the efficiency and effectiveness

of special educational provision by Boards.

* The nature of special educational provision made - some

Boards rely mainly on special schools for children with

moderate learning difficulties, sensory impairment etc., others

use units attached to mainstream schools or a mixture of both.

* The percentage of statemented children - the figure varies greatly

between Boards (from 1.9% to 3.9%)

* The documentation used for assessment, annual reviews of

statements and admissions to special schools.

6.37 On equity grounds, it is important that the quality of provision for children

with special educational needs should not depend on where they live. Al?though the Code of Practice goes a long way towards standardising proce?dures, there is a need for greater uniformity of policy, administration and

funding in the interests of efficiency and equality.

Recommendation:

That special education providers should work together to ensure as

much uniformity of policy and administration as possible. Standard?ised documentation should be developed as a means of helping those

providing regional services e.g. special schools

43

Funding:

6.38 Some witnesses were critical of current mechanisms for funding and ac?counting for special educational provision.

Accountability

6.39 A number of audit reports in Great Britain have drawn attention to the dif?ficulty in tracing money allocated through school budgets for special edu?cational provision. It is essential to ensure that the money gets to the

children for whom it was intended and it was suggested that these dele?gated funds should be accounted for separately to ensure that they are

properly targeted.

Ring-fencing

6.40 The increasing demand for formal assessment and statementing, and the

statutory obligation on Boards to make the special provision specified on

statements, have led to escalating costs which have to be met from a single

education budget. A number of witnesses argued for the separation of all

special education resources to protect mainstream education budgets.

Special school budgets

6.41 Since the funding of special schools falls to the lead Board in whose area

the school is located (regardless of where its pupils live) there could be a

44

temptation for Boards to reduce their funding in times of financial con?straint. Staff in special schools generally felt that central funding for them

would be more efficient as well as fairer on Boards.

Recommendations:

That schools should account separately for the expenditure of that

part of their delegated budget intended for special educational

provision.

That Education and Library Board resources for special educational

provision should be ring-fenced and accounted for separately from

mainstream education budgets

That Special Schools which provide a regional service should be

funded by the Department of Education rather than by an individual

Education and Library Board.

Partnerships:

6.42 Almost all witnesses stressed the importance of a partnership approach to

special educational policy and provision.

Inter-agency partnerships

6.43 Although the Education (NI) Order 1987 transferred responsibility for

mentally handicapped children from the Department of Health and Social

Services to the Department of Education, many essential therapy services

are provided by health authorities. The increasing demand for special edu?cational provision is putting severe pressure on the finite budgets of both

45

authorities but, at the same time, statemented children have a legal right to

the special support specified in their statements.

6.44 There is a need for close collaboration and co-operation between the care

and education sectors to make the best use of existing resources, to audit

need and to plan and deliver special educational services. Both Depart?ments are currently working on a Service Level Agreement which will set

out their respective roles and responsibilities and specify the standards of

medical and therapy services the health authorities should supply to the

Education and Library Boards. Many witnesses felt that the partnership of

the two Departments was not working and felt that financial control for

some important therapy services should pass to the Education and Library

Boards so that they can be bought in as required from the Health and So?cial Services Boards.

Voluntary organisations

6.45 While there will always be some tensions between statutory and voluntary

bodies because of their different perspectives as providers and recipients

of special educational services, voluntary organisations have a great deal

of expertise and specialist knowledge, particularly of low-incidence dis?abilities to share with teachers, parents, medical practitioners and statutory

agencies.

Partnerships with parents

6.46 The involvement of parents is essential if children are to get the most bene?fit from special educational provision and are not to separate their school

46

learning from the rest of their lives. In many cases the involvement of par?ents in special learning programmes is essential e.g. early language and

reading programmes. The new legislation gives parents rights to informa?tion, extended rights of appeal to the Special Educational Needs Tribunal

and the right to express a preference for the school they wish their child to

attend. They have no statutory rights to be consulted about the special edu?cation policies of Boards or schools or about special educational

provision.

Recommendations:

That the Department of Education and the Department of Health and

Social Services must establish effective, working partnerships in pro?viding for special needs. Service Level Agreements should clearly

specify the type and level of support services expected of the partners.

That special education providers should explore ways of involving the

voluntary sector and of harnessing their knowledge and expertise.

That parents should be given a statutory right to be consulted about

special education policy and provision.

Emotional and Behavioural difficulties:

6.47 Although this category of learning difficulty accounts for only a small per?centage of children with special educational needs (4%), emotional and be?havioural difficulties are the fastest growing problem area. It covers a wide

range, from emotionally disturbed children, who are often quiet and with?drawn in class, to disruptive or aggressive pupils. Almost all witnesses

47

expressed concern about the increasing use of suspension and expulsion by

schools and about the inadequacy of alternative provision.

Recommendation:

That Department of Education should carry out a critical examination

of policy and provision in relation to children with emotional and be?havioural problems.

48

7. SUMMARY OF RECOMMENDATIONS

Early identification and assessment:

(1) That the Department of Education and the Department of Health and

Social Services should together devise a comprehensive and system?atic programme of screening and baseline assessment to identify all

the categories of learning difficulty set out in the Annex to the Code of

Practice on the Identification and Assessment of Special Educational

Needs at the earliest possible stage.

(2) That health and education professionals act on the valid concerns of

parents, given that they are often the first to realise that their child is

not developing normally.

(3) That the Department of Education should implement its aim "to pro?vide one year of nursery education for all those under compulsory

school age whose parents wish them to receive it"

Inclusion and integration:

(4) That, while pursuing a policy of mainstream education of children

with special educational needs, the Department of Education should

retain the specialist provision currently available in our special

schools.

(5) That children with special educational needs should not be prevented

from being educated in mainstream classes solely through lack of ade?quate support by Education and Library Boards

(6) That the Department of Education should provide additional re?sources to enable Special Schools to develop outreach support services

for children with special educational needs in mainstream classes and

special units.

(7) That the Department of Education should make capital funding avail?able for improving disabled access to schools and that all new schools

should have disabled access and toileting provision incorporated at

the planning stage, if this is not already common practice.

49

(8) That the Department of Education should investigate the need for spe?cial units attached to grammar schools.

Staff training and qualifications:

(9) That, in conjunction with the universities and teacher training col?leges, the Department of Education should consider how best to pro?vide for the adequate training of sufficient numbers of educational

psychologists and teachers with qualifications in various types of spe?cial needs education.

(10) That appropriate training should be provided for care assistants, par?ticularly those supporting statemented children in mainstream

classes.

(11) That the Education and Training Inspectorate should ensure that in?spectors of Special Schools are appropriately qualified and competent

to examine this highly specialised area of education provision.

Staff shortages:

(12) That the level of therapy, specialist teaching or care assistance re?quired should be clearly specified in a child’s Statement of Educa?tional Needs.

(13) That the budget for speech and language therapy services for children

with special educational needs should be held by the Department of

Education.

(14) That the Department of Education should define clearly the role of

care assistants and review their deployment.

Implementing the Code of Practice:

(15) That Special Educational Needs Co-ordinators should be facilitated in

carrying out their responsibilities through flexible timetabling and

non-contact time

50

(16) That minor changes resulting from the current review of the Code of

Practice on the Identification and Assessment of Special Educational

Needs in Great Britain should be assessed and incorporated into the

Northern Ireland Code of Practice if appropriate. Any significant

changes proposed should be subject to public consultation prior to the

introduction of the Code in Northern Ireland in September 1998.

Non-statemented children with special educational needs:

(17) That the Department of Education should clearly define what types

and levels of special educational support a child might expect to re?ceive in an ordinary school

(18) That the Department of Education should provide sufficient resources

to ensure adequate special educational provision for non-statemented

pupils in mainstream schools

Administration:

(19) That special education providers should work together to ensure as

much uniformity of policy and administration as possible. Standard?ised documentation should be developed as a means of helping those

providing regional services e.g. special schools

Funding:

(20) That schools should account separately for the expenditure of that

part of their delegated budget intended for special educational needs

provision.

(21) That Education and Library Board resources for special educational

provision should be ring-fenced and accounted for separately from

mainstream education budgets

(22) That Special Schools which provide a regional service should be

funded by the Department of Education rather than by an individual

Education and Library Board.

51

Partnerships:

(23) That the Department of Education and the Department of Health and

Social Services must establish effective, working partnerships in pro?viding for special needs. Service Level Agreements should clearly

specify the type and level of support services expected of the partners.

(24) That special education providers should explore ways of involving the

voluntary sector and of harnessing their knowledge and expertise.

(25) That parents should be given a statutory right to be consulted about

special education policy and provision.

Emotional and Behavioural difficulties:

(26) That Department of Education should carry out a critical examination

of policy and provision in relation to children with emotional and be?havioural problems.

52

• Special Educational Provision for School-Age Children in Northern Ireland: Report by Committee B (introduced on 1998-04-24 00:00:00 - CREATE - e841431) [This document] [view current proposal at this moment]
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