Incompetent, Abusive, or both? - Scottish Executive policy and legislation on Autistic Spectrum Disorder (ASD) - `Autism Rights` Briefing Paper April 2007

EDUCATION

http://www.timesonline.co.uk/article/0,,2-2184133,00.html

- The National Union of Teachers dramatically reversed decades of support for "inclusion"

and demanded a halt to the closure of special schools. It called on the Government to carry out "an urgent review of inclusion in policy and practice".

The union issued a report by academics at Cambridge University, which suggested that inclusion was harming children with special needs, undermining the education of others and leaving teachers exhausted as they struggled to cope with severe behavioural and medical conditions. John MacBeath, one of the authors, described inclusion "as a form of abuse" for some children, who were placed in "totally inappropriate" schools where they inevitably failed. Pupils with special needs were nine times more likely to be expelled and teachers were leaving the profession because they could not cope with the pressure of working with them.

http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/02/18/nchild218.xml

- Peer exposes the 'horror' of Labour special needs policy Last Updated: 18/02/2007

`horror` of special needs provision, according to Baroness Warnock

http://observer.guardian.co.uk/uk_news/story/0,,1833449,00.html

US child expert quits Britain over 'hidden crisis' in special needs

http://www.theherald.co.uk/news/news/display.var.1137462.0.0.php

- Ruling will restrict schooling choices ANDREW DENHOLM, Education Correspondent January 22 2007

LEGISLATION designed to give thousands of Scottish parents greater choice over where their children go to school could end up restricting their options following a landmark legal ruling.

http://www.theherald.co.uk/news/education/display.var.1137346.0.0.php

- MORE ON THIS

http://www.theherald.co.uk/features/editorial/display.var.1137426.0.0.php

- When choice is meaningless EDITORIAL COMMENT January 22 2007

http://www.theherald.co.uk/news/education/display.var.1137347.0.0.php

Act covers all pupils in need ANDREW DENHOLM, Education Correspondent January 22 2007

Commons Education Select Committee Report judges special education `not fit`.

http://news.bbc.co.uk/1/hi/education/5150480.stm

http://news.bbc.co.uk/1/hi/education/5154180.stm

See also:- `Special needs education condemned` -

http://observer.guardian.co.uk/uk_news/story/0,,1810956,00.html

http://news.bbc.co.uk/1/hi/education/4341645.stm

- research by Brunel University reveals high levels of stress to parents of autistic children

caused by local education authorities.

http://news.bbc.co.uk/1/hi/education/5350506.stm

- Schools 'fail autistic children'

The children's commissioner for England has said it is shameful that the country is failing to provide adequately for children with autism. Sir Al Aynsley-Green - who recently met families with autistic children - said it was "shocking and appalling". Prof Aynsley-Green is critical of the treatment of autistic pupils

http://education.guardian.co.uk/print/0,3858,5353177-110908,00.html

Scandal of secret school exclusions. Confidential letter reveals that local education authorities are deliberately breaking the law to avoid paying for special needs children. We know that, if anything, this is an even bigger problem in Scotland.

http://www.ipsea.org.uk/sundaytimes.htm

a groundbreaking article from the Sunday Times Magazine about how local authorities avoid making provision for children with SEN in general.

http://news.bbc.co.uk/1/hi/education/6279001.stm

Last Updated: Friday, 19 January 2007, 17:02 GMT Special needs practice 'illegal'

By Gary Eason Education editor, BBC News website

http://timesonline.typepad.com/india_knight/2006/10/sen_and_stateme.html

- link to letter from special school (dyslexia) headteacher about the nastiness of the way LEAs treat children with SEN – the rampant intimidation, etc.

JACK MCCONNELL-LAND (North Lanarkshire)

http://www.theherald.co.uk/politics/news/display.var.1157811.0.0.php

Council ordered to apologise to disabled teenagers TOM GORDON, Scottish Political Correspondent January 31 2007

A council has been ordered to pay compensation and apologise for the "bureaucratic and unsympathetic" way it treated two severely disabled teenagers and their families.

http://www.ipsea.org.uk/sunderland-dda-decision.htm

The Tribunal Decision describes how Katelyn started at Grange Park in

September this year and how

"She was excluded … following a meeting on October 14th. Although this was

described as 'a period of respite' and it is recorded that Miss Mitchinson

(the mother) was keeping Katelyn away from school on a voluntary basis, we

are satisfied both on the written and oral evidence that such an arrangement

was a sham. The clear intention of the school at that time and subsequently

was not to allow Katelyn to return …

FURTHER EXCERPT

Speaking for IPSEA, Chief Executive Roger Inman said:

"IPSEA is proud to have supported Katelyn's mother with bringing this claim of

disability discrimination against the school and Sunderland LEA. We hear on a

daily basis of children with special educational needs and disabilities who

are excluded from school because their teachers have not been given

sufficient resources or training to meet their needs. Our casework shows this

to be a particular problem for children with autism in mainstream schools."

http://observer.guardian.co.uk/uk_news/story/0,,1945957,00.html

- School faces court battle over restraint of girl, six

The parent of a child with special needs claims that teachers repeatedly used excessive force on her daughter. Anushka Asthana reports Sunday November 12, 2006 Observer

A mother in Bedfordshire has launched a controversial legal action against a school alleging that her six-year-old daughter was physically restrained repeatedly by staff at her primary school. Jade Chambers, who understands language at the level of a child half her age, was held down or 'handled' at least 25 times by staff over a six-week period, according to her mother, Michelle, who was told nothing about what was happening.

http://news.bbc.co.uk/1/hi/education/6204380.stm

- Pupil restraint policy challenged

A rethink of the physical restraint of pupils could be prompted by the legal case of a girl with special educational needs, campaigners say.

http://dev.think1098.com/index.php?pagewhat

campaign site of Michelle Chambers, Jade's mum.

http://www.theherald.co.uk/news/news/display.var.1200516.0.0.php - Teachers to be taught how to restrain violent pupils - February 17 2007

http://news.scotsman.com/education.cfm?id1627172006

- Train all staff to restrain unruly pupils says school heads' union

KEVIN SCHOFIELD EDUCATION CORRESPONDENT (kschofield@scotsman.com)

TEACHERS should be taught physical restraint techniques amid mounting concerns over classroom indiscipline, a leading union claimed last night. Members of the Association of Headteachers and Deputes in Scotland (AHDS ) said training should be available for all school staff to make them better equipped to cope with unruly pupils. The union has also called for teachers and their assistants to be trained in "de-escalation techniques" to prevent incidents of indiscipline getting

out of control.

http://news.bbc.co.uk/1/hi/uk/6160548.stm

- Last Updated: Saturday, 18 November 2006, 09:10 GMT

Bullies 'target disabled pupils'

The study uncovered alarming cases of bullying

Children with disabilities struggle to protect themselves from bullying because they lack confidence and friends, a study suggests. The study, carried out by the children's commissioner for England, also found that many victims were left feeling suicidal. The paper, to be published on Monday, will highlight cases where disabled youngsters have been bullied. It will also include recommendations on how to deal with bullying. Researchers examined the experiences of children with disabilities, visible illness and learning difficulties and found alarming examples of bullying.

http://education.guardian.co.uk/schools/comment/story/0,,1987551,00.html

- The inadequacies of special needs provision in mainstream schools leave vulnerable pupils bewildered and ignored Jenni Russell Thursday January 11, 2007 The Guardian

http://www.guardian.co.uk/print/0,3858,4187365-103417,00.html

- fantastic article by Charlotte Moore, who is a mother of three boys, two of whom are

autistic. Excellent explanation of both autism and the educational needs of autistic children.

http://news.scotsman.com/topics.cfm?tid=702&id=149992007

- Punished, betrayed, sidelined - our 'lost generation' of autistic children Mon 29 Jan 2007 Autism Rights comment - post no.21

http://news.scotsman.com/topics.cfm?tid=702&id=154472007

- Rise and rise of autism is a riddle the experts can't crack Tue 30 Jan 2007 Autism Rights comment - post nos. 54,59,71-77

http://news.scotsman.com/topics.cfm?tid=702&id=161422007

- Our autistic children have a right to a decent quality of life and education Wed 31 Jan

2007 Autism Rights comment - post no. 8

http://news.scotsman.com/index.cfm?id=166422007

- School leading the way to better future for autistic pupils Thu 1 Feb Autism Rights comment - post nos. 4 & 5

http://news.scotsman.com/scotland.cfm?id=173542007

- So how can things be improved for autistic children and their families? Fri 2 Feb 2007 Autism Rights comment - post nos. 2,3,4,5 & 6

http://sundayheraldsalon.com/salon/2006/11/pupils_with_autism_need_suppor.html#more

- my `Guest Vocals` critique of the HMIe report on autism education in Scotland, with additional comments by myself and Hugh Bostock, Autism Rights' Secretary

http://www.inclusionscotland.org/news/storyt.asp?id=1217

- Herald article on exclusion has found its way onto this webpage – Autism Rights gets a mention

http://www.scottish.parliament.uk/business/committees/education/reports-04/edr04-02-vol02-01.htm

evidence on the ASL Bill

http://news.bbc.co.uk/1/hi/education/6334805.stm

- Special needs 'costs spiralling' Pupils with special needs require more support in class

Many of England's most vulnerable children may not be receiving suitable or cost-effective education, says the government's spending watchdog. Children with special educational needs are often put in private placements using an "out of sight, out of mind" approach, the Audit Commission said. Despite costs rising by a third since 2003, there is no proper monitoring of

quality and suitability, it added.

http://www.sundayherald.com/34482

- one special needs pupil is the equivalent of teaching 6 `normal` children, according to COSLA and the teaching unions

COSLA

Cosla, (the Council of Scottish Local Authorities) which represents local authorities, has said that councils are investing heavily in additional support for children with learning difficulties.

"Council education staff have a great deal of expertise in assessing the best type of provision on a child-by-child basis and while we always respect the views of parents, sometimes the state provision is the best alternative," added a spokesman.

COSLA say that "Cost is a factor in everything we do because we always have set budgets, but the interests of the child always come first."

S0 - why would educational officials:-

claim that a child's Record of Needs was `sent out in error` ?
then take a further 5 months to permit the parents to appeal the RoN?
claim that the parents did not have the right to make a placing request?
define a child's SEN as `communication difficulties` on the grounds that autism is `a term used by our colleagues in health`?
send out a RoN with pages missing?
fail to issue a RoN revised by the Scottish Ministers on appeal until 3 reminders had been sent by the parents and 6 months had passed, and even then fail to include the parental submission (Part VII) with the RoN and fail to make a single change to the part (Part V) specifying educational provision?

Written proof is available for all of the above, which apply to a single child's education. Other examples of wilful incompetence on the part of local authorities include:-

taking 3 years to put together a RoN
failing to meet their legal obligation to provide a full-time education for many children with autism
refusing to fulfill their obligations as laid out in law and regulation to involve parents in the education of their child - notably, failing to involve parents in the drawing up of their child's IEP
refusing to answer reasonable questions on the educational provision for children with autism
refusing to permit reasonable contact between parents and their child's teacher
refusing to allow other professionals qualified in autism therapies to access a child's school

http://www.scottishexecutive.gov.uk/edru/Pdf/ers/interchange_46.pdf

- Jordan report from 1997 for Scottish Office on Educational Provision for Children with Autism in Scotland

Rita Jordan and Glenys Jones (1997) Educational Provision for Children with Autism in Scotland.

Interchange No 46, Research and Intelligence Unit, SOEID.

http://www.dfes.gov.uk/research/data/uploadfiles/RR787.pdf

First Annual Report, Autism Research Co-ordination Group, 2006 – it's only taken them a couple of decades to respond to the rise in numbers of autistic children!!