Transcript Disability Equality an BSF

Disability Equality an BSF
Richard Rieser Disability Equality
www.worldofincusuion.com
Who are disabled people?
• Disability Discrimination Act Definition of
disability
• 1. “A person has a disability if he has a
physical or mental impairment which has a
substantial and long-term adverse effect on
his ability to carry out normal day-to-day
activities.” - Part 1, Para. 1.1.
• For the purposes of definition, ignore the
effects of medical or other treatments or aids
and appliances.
PLASC Data England 2009 by type of school & impairment
Primary
Sec.
Special Total
SpLD
32,760
44,800
950
MLD
84,080
67,940
19,630 171,650
SLD
5,040
2,700
21,110 28,850
PMLD
1,390
330
7,680
BESD
58,930
82,270
13,240 154,440
Sp.LCom.
80,420
19,810
4,120
104,350
VI/HI/MS 11.400
10.080
2,550
24,020
PD
12,680
9,010
4,150
25,840
ASD
19,940
15,940
15,280 51,160
other
12,560
16,380
580
Total
319.2k 269k
78,500
9,400
29,510
89.3k 677.7K
School Action
418,840. SEN
21% of all
secondary
pupils
SA 481,840
primary pupils
19.6% SEN
+
Those with
Medical
Needs- e.g.
Diabetes,
Asthma, Allergy
+
Those with
Mental Health
Issues e.g.
Depression
Eating
Disorders
Self- Harmers
Section M of the Building Regulations
• Department for Communities and Local Government (DCLG)
publishes approved building regulations.
• These have to be complied with or an alternative found that
has the same result. They provide a minimum standard.
• Section M covers Access
• They apply to all new building and most refurbishments
• The latest regulations date from April 2006 thought this was
just a change for environmental standards. The 2004
document is the latest for access.(This replaced 1999 version)
• There is a useful Planning Portal which contains all relevant
documents
• http://www.planningportal.gov.uk/england/professionals/buil
dingregs/technicalguidance/bcaccesstopartm/bcapproveddoc
uments10
The School Access Planning Duty
• This came into force September 2002 under the SEN and
Disability Act (2001) Amended Part 4 of DDA 1995.
• LEAs and schools are required to prepare accessibility
strategies and accessibility plans respectively for increasing
over time the accessibility of schools for disabled pupils (the
planning duty). This need not be a standalone plan. If they
wish, LEAs and schools may dovetail their plans with existing
planning processes
• Local Authorities must have an access plan. In “In preparing
their accessibility strategies, LEAs must consult:
• - all schools in respect of which the LEA must produce its
accessibility strategy; and
• - trustees of schools (e.g. local dioceses and faith
organisations).”
• All LEAs have a legal duty to prepare accessibility strategies for
the schools for which they are responsible under the Act.
Access Planning Duty 2
• Maintained schools, independent schools, and non-maintained special schools
must produce their own accessibility plans. The Act places the duty to do so on
the responsible body for the school and this will be the governing body in the
case of maintained schools, and the proprietor in the case of independent and
non-maintained special schools.
• School plans should be made available to parents and should include:
• An accessibility strategy or plan is a strategy or plan for:
• (a) increasing the extent to which disabled pupils can participate in the school
curriculum;
• (b) improving the physical environment of schools to increase the extent to
which disabled pupils can take advantage of education and associated services;
and
• (c) improving the delivery to disabled pupils of written information which is
provided to pupils who are not disabled. This should be done within a
reasonable period of time and in formats which take account of views expressed
by the pupils or parents about their preferred means of communication.
• www.teachernet.gov.uk/_doc/2220/Access_Guide_.doc
Access Planning Physical Environment
• The physical environment includes steps, stairways, kerbs, exterior
surfaces and paving, parking areas, building entrances and exits (including
emergency escape routes), internal and external doors, gates, toilets and
washing facilities, lighting, heating, ventilation, lifts, signs, interior
surfaces, floor coverings, room décor and furniture. Improvements to
physical access might include - ramps, handrails, lifts, widened doorways,
electromagnetic doors, adapted toilets and washing facilities, adjustable
lighting, blinds, induction loops, well designed room acoustics and wayfinding systems.
• Physical aids to access education might include ICT equipment, enlarged
computer screens and keyboards, concept key boards, switches,
photocopying enlargement facilities, specialist desks and chairs and
portable aids for children with motor coordination and poor hand/eye
skills such as extra robust scientific glassware and specialist pens and
pencils. These lists are not exhaustive.
• Local Authority in all new buildings and refurbishments. Allocation of
Access Initiative funding and guidance on use delegated capital budgets
Access Planning the Curriculum
• Schools can use a variety of approaches when planning and delivering the
curriculum to draw on the different strengths and aptitudes of pupils.
That might include using flexible grouping arrangements including ones
where pupils with disabilities can work with their peers, and encouraging
peer support by, for example, setting up buddying or mentoring
arrangements.
• Utilising The National Curriculum 2000 which incorporates a statement on
Inclusion: providing effective learning opportunities for all children to
which all maintained schools must have regard
• Utilising Target Setting
• Training and deployment of Teaching assistants
•
Schools might also consider staff training needs.
• Local Authority providing relevant advice and training and support
through SIPs and developing Self Evaluation Framework
Information in Printed English
• Schools. This part of the duty covers planning to make written information
normally provided by the school to its pupils available to disabled pupils.
The information should take account of pupils’ disabilities, pupils’ and
parents’ preferred formats and be made available within a reasonable
time frame. The information might include handouts, timetables, and
information about school events. The school might consider providing the
information in alternative formats (such as large print and audio tape)
using ICT, or providing the information orally.
• Where LAs have centrally provided support services, they should make
sure that all their schools have information about the full range of
services and what they can provide, including systems for converting
information into alternative formats. LAs might encourage their schools
to share good practice on providing information in different formats.
Special schools in particular might be able to share valuable information
and expertise on this subject. LA strategies should detail their plans for
developing and improving support for the provision of information in
different formats.
Access Plans and Strategies
• The regulations came into force in September
2002
• Local Authority Strategies and School Plans
needed to be place
• April 2003-March2006
• April 2006- March 2009
• April 2009-March 2012
The school’s plan meets the statutory
requirements when

•
•
•
•
•
•
It is in writing
it makes clear how the plan will be:
adequately resourced;
implemented;
reviewed;
revised as necessary;
it adheres to the requirement on time: it has a 3-year life
in the first instance;
• information about the accessibility plan is in the
governors’ annual report to parents.
The Access Planning Project
This provided tools and information to help schools and Local Authorities with the
Planning Duty it is available .
http://publications.teachernet.gov.uk/default.aspx?PageFunction=productdetails&Pag
eMode=publications&ProductId=DfES+0160+2006
1A: The purpose and direction of the school’s plan: vision and values
1B Information from pupil data and school audit
1C: Views of those consulted during the development of the plan
2A: Increasing the extent to which disabled pupils can participate in the school
curriculum
2B: Improving the physical environment of the school to increase the extent to which
disabled pupils can take advantage of education and associated services
2C: Improving the delivery to disabled pupils ... of information which is provided in
writing for pupils who are not disabled
3A: How Template School’s accessibility plan fits in with other responsibilities:
coordination
3B: Getting hold of Template School’s plan
3C: How Template School will review and revise its plan: duration, review and revision
3D: How Template School will know how effective its plan has been: evaluation
Duty to Promote Disability Equality
From December 2006, when carrying out their functions
public authorities must have due regard to the need to:
Promote positive attitudes
towards disabled persons
Promote equality
of opportunity
Encourage participation by
disabled persons in public life
Eliminate disability
related harassment
Eliminate unlawful
discrimination
The use of positive discrimination if necessary
Impacts of Duty to Promote on
School Buildings
• Promoting Equality of Opportunity for disabled
people :• Ensure this principle and the other elements of the
duty are impact assessed in all policies and plans
• In procurement ensure that promote disability
equality in products, buildings and services procured
• This means going for good practice not just
complying section M building regulations.
• Advisors and SIPS checking both school compliance
and development of good practice.
Access and Inclusion BB98
• Access and inclusion must be allowed for in the design. This means
disabled pupils should be able to access the whole school.
• Appropriate space for pupil support
• Easily understood layout and good use of colour and signage
• Good quality acoustics and lighting
• Access for information, curriculum and environment
• Fire evacuation for all
• Furniture and fittings i.e. rise and fall sinks and work tops, door opening
• Accessible toilet, shower hygiene facilities and hoist
• Rasmped access throughout
• Accessible parking
• Corridor width
• Meeting room parents, therapy rooms, sensory room
• Additional storage for equipment
Square Meters Recommended BB 98
In working out total area
planned number of pupils by
age. Net-area is not
circulation, toilets and p.care,
kitchen, plant
And is 140-150% of net
Basic Teaching 30 in class 56 sq. meters.
ITC 20 in group 60 sq. meters
Science Lab group 30 in group 90 sq. meters
D&T Food Room 20 in group 101 sq. meters
Resistant Materials 20 in group 112 sq meters
Graphics group 20 77 sq. Meters
Art textiles etc 30 in group 105 sq. meters
Art General 30 in group 90 square meters
Drama studio/music recital 30 in group 90 sq.
Metres
The document lays down standards to have
smaller brooms in every department for small
groups.
The document suggests schools in planning
should also a float of 10-15% for unplanned
needs or local variation. Halls, dinning areas and
changing rooms all to accommodate wheelchair
users
Building Schools for the Future
•
•
•
•
Rebuilding Secondary Schools in 15 Waves
Utilising Public Private Partnerships
Do have to comply with Section M but not DCSF guidance.
The school regulations set no mandatory square meter
standards for classrooms and specialist rooms though there is
non-statutory guidance provided on these in Building Bulletin
98,99 and 102.
• These provide sound advice for disabled pupils andrthese
need to be taken as the standard for promoting disability
equality in BSF
BASICS OF BSF
• 80% Secondary school buildings out of date
• Local authorities are brought together with a private sector partner and
will make use of their expertise to design and construct (and in some
cases also maintain and operate) the facilities.
• Partnership for Schools has been set up to help local authorities to select a
private partner to form a local education partnership (LEP).
• An LEP is a public private partnership between the local authority,
Partnership for Schools and the selected private sector partner. The
private partner must be selected in open competition, under EU
procurement rules
• The BSF programme is funded entirely out of the public purse, half from
conventional DCSF funding and half from private finance initiatives (PFI)
credits. PFI was launched in 1992 and presented itself as a useful
accounting device to limit borrowing, with PFI contracts being treated as
‘off balance sheets’ - any money invested through PFI did not show up on
the national debt. PFI has had mixed success, with some schools finding
that the infrastructure they have obtained via PFI is inadequate.
Basics BSF 2
• Under PFI, a private sector consortium (usually including a building firm, a bank
and a facilities management company) establishes an independent legal
company called a special purpose vehicle (SPV), which enables the
organisations involved to work together under one umbrella. The SPV bids for a
single contract which will be awarded by the LA or school seeking to implement
a building project. The SPV then proceeds to design and build the project in
line with the clients’ specified outputs.
• The building asset that results from the project is not publically owned.
Instead, the LEA, governing body or trustees, depending on the type of school,
will normally hold the freehold of the relevant site. The private sector partner
then provides, pays for and operates the new-build school over the period of
the contract, usually between 25 and 30 years, during which time the
school/LA effectively leases the building back.
• The Report of the Audit Commission into BSF, published 12 February 2009, has
stated that the Department for Children, Schools and Families and Partnership
for Schools were overly optimistic in their assumptions of how quickly the first
schools could be delivered, leading to unrealistic expectations. The report also
noted that there is an increase in the total estimated costs and that delivering
the project to all 3,500 schools will be challenging.
How is BSF delivered?
An eight-stage process has been set out to ensure that the BSF aims are met:
Stage 0 – Preparing for BSF> The LA should begin preparing the project as soon as it hears it has
been invited to join a BSF wave. The Public Private Partnership Programme can provide LAs
with support
Stage 1 – Project initiation>Defining the BSF project – forms the basis for managing and
assessing success of the project
Stage 2 – Strategic planning>Robust analysis of need, cost, risks and expected outcomes
Stage 3 – Business case development>Creating an outline business case to set out in detail the
scope, cost, affordability, risks, procurement role and timetable of a project
Stage 4 – Procurement planning>Preparation of the documentation needed to publish a notice
in the official journal of the EU - a requirement for all European contract tenders above a
certain value
Stage 5 – Procurement>The LA will evaluate potential tenders and produce a long list of bidders,
then produces a shortlist – usually of three bidders. Final tenders are submitted and a
preferred bidder identified
Stage 6 – Financial close>contractual commitment to the formation of the LEP
Stage 7 – Construction>Ensure that costs and timescales are controlled and disruption kept to a
minimum. The LEP will procure the delivery of approved projects through a supply chain,
periodically market tested to demonstrate value for money
Stage 8 – Operation>Work does not stop once the schools have been built and are in use. The
outcomes are assessed against the planned objectives and information is fed back into the
Issues identified in existing BSF/PFI schools
• Schools not anticipating need for reasonable adjustment
• Schools are not seeing the BSF as a necessary part of their duty to
promote disability equality
• LEP, LA and Consortia are not allowing sufficient budget to ensure access
is included.
• Room sizes overall inadequate
• Circulation space not sufficient
• Acoustic and lighting not sufficient
• Fire evacuation not built into plans
• Lack of storage space for impairment related equipment
• Floors coverings not-non slip
• Not sufficient or any rise and fall benches, work tops, sinks and tools
• Lack of involvement and engagement of disabled people and their
organisations
• Lack of effective Equality Impact Assessment
• Lack of understanding senior and commissioning officers
Solutions to make BSF work for disabled people
• Get rid of it, but this seems politically unlikely
• Make it work by:
• Full equality briefing to staff and governors of equality issues and
get them to determine access bottom line
• Equality training for senior and commissioning officers, integrate in
access strategy
• Equality Impact assess all LEP plans and consortium bids
• Make links with local disabled people’s and parents organisations
and engaging them in the design brief process and scrutiny of bids.
• Ensuring pupils and parents at school and feeder primaries are
trained in equality and make a positive contribution to the design
goals.
• Build penalty clauses into contractors contracts for failure to meet
access standards laid down e.g. Type of lift.
• Strong monitoring of the process
Good Guidance Sources
• Designing for disabled children and children with special
educational needs :Guidance for mainstream and special schools
Bulletin102
• http://www.partnershipsforschools.org.uk/documents/Design/BB1
02.pdf
• Briefing Framework for Secondary School Projects Revision of BB82:
Area Guidelines for Schools (Secondary section) Bulletin 98 2004
• http://www.partnershipsforschools.org.uk/documents/Design/BB9
8.pdf
• Briefing Framework for Primary School Projects Incorporating
primary school revision to BB82: Area Guidelines for Schools
Bulletin 99 2006
• http://www.teachernet.gov.uk/_doc/9422/BB99%20for%20web.pdf
• Building Bulletin 93 (BB93): Acoustic design of schools
• http://www.teachernet.gov.uk/management/resourcesfinanceandb
uilding/schoolbuildings/environ/acoustics/