Transcript Inspection & Regulation

Exclusion to Empowerment
The Role of Inspection and Regulation in ensuring
Inclusion and empowerment
Sonia Gandhi
2014
The children
Types of children covered by legislation
in England:
Some groups are defined as requiring special provision to meet their
needs:
• Educational
• Physical difficulties and disabilities
• Emotional and behavioural
Another group are defined as ‘Looked-after children’:
• They cannot live their parents and are ‘looked after’ by their local
authority
• May include many that also have special educational needs
In England ‘disability’ is defined using
the ‘social model’:
We can define disability as:Disability occurs when a person is excluded, because of their impairment, from
something that other people in society take for granted. That might be the chance
to attend an event, access some service or get involved in an activity. It might be
to live independently, to earn a living, to be kept informed, or just to make choices
for themselves.
The Equality Act defines disability as when a person has a ‘physical or mental
impairment which has a substantial and long term adverse effect on that person’s
ability to carry out normal day to day activities.’
The social model:
The social model of disability identifies systemic barriers, negative attitudes
and exclusion by society (purposely or inadvertently) that mean society
is the main contributory factor in disabling people. While physical, sensory,
intellectual, or psychological variations, may cause individual functional limitation
or impairments, these do not have to lead to disability unless society fails to take
account of and include people regardless of their individual differences.
Disability is also governed by laws
against discrimination and promoting
equality which affect schools:
•
The Equality Act 2010 provides a single, consolidated source of
discrimination law. It simplifies the law and it extends protection from
discrimination in some areas.
•
As far as schools are concerned, for the most part, the effect of the new
law is the same as it has been in the past – meaning that schools cannot
unlawfully discriminate against pupils because of their sex, race, disability, religion
or belief or sexual orientation.
•
The exceptions to the discrimination provisions for schools are all
replicated in the new act – such as the content of the curriculum, collective
worship and admissions to single sex schools and schools of a religious character.
•
Schools that were already complying with previous equality legislation
should not find major differences in what they need to do.
However with disability it is legal to
‘positively discriminate’:
The law says you MUST
NOT DISCRIMINATE:
• schools cannot
unlawfully discriminate
against pupils because
of their sex, race,
disability, religion or
belief or sexual
orientation
• EXAMPLES – you
cannot treat a pupil
differently because
they are black or gay
The law says you CAN
DISCRIMINATE:
• schools are allowed to
treat disabled pupils
more favourably than
non-disabled pupils,
and in some cases are
required to do so, by
making reasonable
adjustments to put
them on a more level
footing with pupils
without disabilities
The types of provision available in England for
disabled pupils and those who have special
educational needs
 Mainstream schools – most pupils with special educational
needs attend mainstream schools alongside other pupils.
 Special units attached to mainstream schools – provide
more specialist help but also opportunity for integration.
 Special schools – some special schools are for very specific
needs, others are for pupils with a wide range of needs. Some
are independent special schools.
 Hospital schools – provide general education for children
undergoing medical treatment, including psychiatric care
 Pupil referral units – generally these are for pupils who for
behavioural reasons need ‘time out’ from mainstream schools.
Pupils increasingly may go to a further education college or
some form of alternative provision.

Residential special schools provide residential
accommodation as well as education. They are mainly provided
by independent organisations but pupils’ places are usually
funded by their local authority.

General further education colleges – for students aged
over 16, as with maintained schools most students who have
learning difficulties and/or disabilities attend the same college
those who do not have these additional needs.

Independent specialist colleges – for those with learning
difficulties and/or disabilities who want to carry on studying
after 19.
Ofsted inspections of schools
What we focus on through school inspection
and how we carry inspection out
The school inspection framework
Overall effectiveness
Four levels of performance
Four key judgements
1. Outstanding
Achievement
2. Good
Quality of Teaching
3. Requires Improvement
Behaviour and safety
4. Inadequate
Leadership and management
The national aim is that every school will be at least a good school
Latest inspection outcomes
Achievement of pupils at the school

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

The learning and progress
across year groups of different
groups of pupils in school
Pupils’ progress over the last
three years
Pupils’ attainments compared
with national standards
Performance of key groups,
especially DSEN, those entitled
to the Pupil Premium, most
able, EAL pupils….


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By observing lessons, work scrutiny,
checking school records of pupils’
progress, checking rigour of
assessment, talking to pupils
Proportions making and exceeding
expected progress
How well different groups of pupils
perform as well as one another disabled pupils and those with
special educational needs are a
priority group
For those groups of pupils whose cognitive ability is such that their
attainment is unlikely ever to rise above ‘low’, the judgement on
achievement should be based on an evaluation of the pupils’
learning and progress relative to their starting points at
particular ages, and any assessment measures held by the
school. Evaluations should not take account of their attainment
compared with national benchmarks
Identification at school age
•
From September 2012
schools and local authorities have
a duty to supply auxiliary aids
and services as reasonable
adjustments where these are not
being supplied through Special
Educational Needs (SEN)
statements or from other sources
Schools must implement accessibility plans which are aimed at:
•
increasing the extent to which disabled pupils can participate in the
curriculum;
•
improving the physical environment of schools to enable disabled pupils to
take better advantage of education, benefits, facilities and services provided; and
•
improving the availability of accessible information to disabled pupils.
Who is responsible?
PARENTS retain legal responsibility unless a child is ‘taken into care’ or placed
for adoption – which is rare.
LOCAL AUTHORITIES
PRIMARY HEALTH CARE TRUSTS
These have funding to support specialist heath care and aids and access to
‘statements of support’. Once these statements are agreed then provisions are
made to ensure any barriers are removed and children placed appropriately,
for example:
Mainstream school
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Special day school
Access to ‘respite
care’
Identification at school age

just over one in five pupils - 1.7 million school-age children
are identified as having special educational needs.
 2.8% with Statements of Special Educational Need
 6.5% at ‘School Action +’
 11.8% at ‘School Action’

the % of pupils in secondary schools identified as SEN
without a statement increased from 13% in 2003 to 19.7%
in 2010

94,275 pupils are in special schools 1.2% (including
independent special schools).
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Nationally we invest huge sums in special
educational needs, but the impact is too
little

Approximately 100,000 pupils are educated in special
schools

Local Authorities spend £2billion on local authority special
schools


Most special schools are good or outstanding
Too few young people with SEND (learning difficulties
and/or disabilities) complete programmes of learning which
develop greater independence; lead to further study,
supported or open employment; or provide skills for
independent living.
Median spend on pupils in special
schools is four times mainstream and more for
NMSS
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Special schools – often provide for a
wide variety of very specific needs
What makes effective
education and care:
special schools
What makes effective education and
care: special schools
Respite Care – ‘short breaks provision’
• There are about 260 children’s homes which wholly or partly
provide RESPITE CARE for severely disabled young people and
their parents
• They are classified as “children’s homes” because they are open
all year round
How Ofsted inspects and regulates
The key terms:
REGULATION: a legal requirement or rule can be termed a ‘regulation’. Activities such as caring for children
have been brought under legal regulation gradually since the 1830s.
REGISTRATION: this is where people who want to provide a SERVICE have to meet various conditions in order
to be registered. An organisation – called the REGISTRAR – acts as the ‘gatekeeper’ and people can usually be
taken to court if they operate a service without being registered.
INSPECTION: this usually means physical visits to premises to check on a service being provided, or possibly
being provided illegally. It is essential to have legal powers of RIGHT OF ENTRY.
COMPLIANCE: some inspections merely check that providers of service are COMPLYING with the law, for
example with regard to health and safety rules. Such inspections tend to have a pass/fail outcome and have
limited impact on other decision-makers.
EVALUATION: other inspections can make a graded judgement of how good providers are. Evaluation means
that an inspector must make a decision between whether a service is – for example – ‘adequate’ or ‘good’.
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The Madhouses Act 1774
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
Royal College of
Physicians became
a regulator and
inspectorate

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Annual licences
Annual inspection
Promote choice
through display of
report to doctors
These early inspections showed many
of the reasons WHY we should inspect:

Madhouses Act: “Whereas many great
and dangerous abuses arose from the
present state of houses kept for the
reception of lunatics, for want of
regulations with respect to the persons
keeping such houses, the admission of
patients into them and the visitation by
proper persons of the said houses and
patients: and whereas the law, as it now
stands, is insufficient for preventing or
discovering such abuses.”
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The first inspections, 1833

Inspected compliance with
new laws on working ages,
hours and conditions

Inspected provision of factory
schools for children

Did not produce published
reports on individual factories

Did not cover ALL types of
factory where children worked

Did NOT focus on the outcomes
for the children
Inspection of schools, from 1840

Introduced to ensure
accountability over public
funds


Professional inspectors

Commented on value
Published report to
Parliament
Inspection of children’s care, 1850 –
too little to ensure protection
180 children died of cholera at a home used for ‘boarding out’ orphan and pauper children
Board of Health Inspector:
After maturely considering all the circumstances connected with the painful occurrence, I am induced to
express my firm conviction that the essential cause of all the mischief has been the inordinate
overcrowding of this establishment.
Reasons for inspection:
Inspection in England has been introduced because of:
To prevent injury or
death of those unable
to protect themselves
To ensure that public
money is being used
effectively
To promote CHOICE for
those who commission
or choose services
• People must apply to provide
the service and be registered
• Regulations are set to specify
minimum standards
• Inspection
• De-registration and
prosecution are possible
• Public authorities and any
private company receiving
pubic funds should be subject
to checks and held to account
• Usually involves inspection to
see money is being used well
• Funding could be withdrawn
• Inspection reports make
available information about
who provides good or bad
services
• Purchasers of services can
choose where to go
• Local authorities can buy
services on behalf of looked
after children
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Scandal in social services led to greater
regulation in the 1990s

Editorial in the Guardian,
29 November 1991
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At the same time political desire to
create choice in schools led to
Ofsted being formed
Prime Minister in 1992: John
Major
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
Until 1992, Her Majesty’s Inspectors (HMI) were
part of the Education Department and schools were
inspected by them very occasionally – once in 25
years

The Education (Schools) Act 1992 created a
separate non-ministerial department – Ofsted (the
Office for Standards in Education)

The Chief Inspector arranged regular inspections
and the Secretary of State could request them

From Sept 1993 most inspections were done by
contractors, with HMI largely in a quality assurance
role

There was controversy over ‘lay inspectors’
The scope of Ofsted’s remit since 2007
covers both education and care of
special needs children
Ofsted
Inspection and
Regulation of Early
Years
Inspection and
Regulation of
Children’s social care
Inspection of all
maintained and some
independent schools
Inspection of
learning and training
for young people and
some adults
What is the Office for Standards in
Education, Children's
Services and Skills (Ofsted)?


Ofsted is a non-ministerial government department

Independent of the Department for Education (DfE)


Headed by Her Majesty’s Chief Inspector (HMCI), Sir Michael
Wilshaw – recent Academy Headteacher

Ofsted reports ‘without fear or favour’
HMCI reports directly to a Parliamentary Select Committee,
made up of Members of Parliament from different political
parties, and must ‘lay before Parliament’ an Annual Report
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Office for Standards in Education,
Children's
Services and Skills (Ofsted)
Head of State: the Queen
Parliament
Government
Education Select
Committee
Funding
Non-executive Board
Her Majesty’s Chief Inspector
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Department
for Education
Department
for Business,
Industry &
Skills
Organisation of inspection
Ofsted:
• Eight regional directors
• Teams of Senior and other HMI produce guidance and do some
inspection
• Risk assessment, scheduling
• Plan inspections, lead some of them, quality control of the others
• Lead surveys and specialist inspections
• Some seconded serving headteachers
Inspection Service Providers:
• Three contracts divided by region
• Provide administration for inspection process
• Recruit, train and deploy ADDITIONAL INSPECTORS – full and part-time
• Held to account through contract management processes
Inspection of maintained special
schools
•
•
•
•
•
MAINTAINED special schools, hospital schools
and pupil referral units are inspected every
three years
They are inspected using the same inspection
guidance and framework as all other maintained
schools, but by specialist inspectors
The data on pupils’ progress is less extensive,
so this is a greater focus for inspection work
Reports are graded (from ‘outstanding’ to
‘inadequate’) and published
Schools graded ‘inadequate’ are subject to
intervention by the local authority ad further
monitoring by Ofsted
Inspection of education in
independent special schools
• Independent schools are owned by private businesses or charities,
so are inspected under different laws to maintained schools
• They must all be registered with the Department for Education (DfE)
• All independent schools must meet the requirements of the
Independent School Regulations of 2010/12.
• Regulations cover areas such as the curriculum and the buildings
• New schools are usually inspected BEFORE they open, and then
again soon afterwards
• It is illegal to operate a ‘school’ without registration
• If a school does not meet the standards, the DfE can ask for
additional inspections or can take action to close it down
Inspection of residential care in
independent special schools
• Ofsted inspects care in traditional ‘boarding schools’ every three years, but in
residential special schools every year
• Where we are only inspecting the boarding, the school will be told on the day
the inspector is arriving
• Inspections always include spending at least one evening in the school, and at
least one full day but usually two
• Inspectors always talk to children and inspect the accommodation
If school fails to meet national minimum standards is likely
to be reported as inadequate
DfE may serve school with statutory notice to improve and
ask school to submit an action plan
Inspectors may be sent in to monitor the school’s progress
If progress insufficient, DfE may issue order to prevent
school taking residential pupils
School may be DELETED from the register
‘Residential accommodation’ is often
intended to help young people prepare for
life on their own
Inspection of residential care in
independent special schools
Grade: good
Grade: inadequate
Regulation of children’s residential
care
Any provision for residential care of children must be registered and inspected:
Maintained special
schools:
• Inspected by Ofsted
at least every three
years
• Subject to
‘intervention powers’
if not performing
appropriately
• Not ‘registered’ as
such normally
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Independent schools:
• Must be registered with
Department for Education
and meet regulations
• Must be inspected by Ofsted
before they open, soon after
opening and regularly
thereafter; some may be
inspected by other
organisations
• Can be re-inspected at any
time if there is a need
• Inspectors have right of
entry to premises
Children’s homes:
• Must be registered
with Ofsted and met
regulations with a
designated ‘registered
person’
• Must have regard to
national minimum
standards
• Inspected minimum
every year
• Can be re-inspected at
any time
Regulation of children’s residential
care
Every children’s home must have a REGISTERED MANAGER:
• Must be personally registered with Ofsted
• Must meet relevant regulations
• Must be registered for the specific type of service the home provides
In addition, some person can be DISQUALIFIED from working in a children’s
home.
Examples of ICT and inclusion
With a little thought and support….
 If we had disregarded Prof Stephen Hawkins due to his
progressive disability? Without ICT the world would be without
this great man
 Research has shown that music therapy can break down
isolation and ensure inclusion of disabled young children
 Gateway provision to support life skills that aid employment
and ‘normal’ life and activities