Welcome to Charles House, the new headquarters of Sinclairslaw
Leading the way in education law for over 25 years with cases including: • The “internet twins case”, High Court • X v Caerphilly County Borough Council, High Court • P v East Sussex County Council, High Court • LM v London Borough of Lewisham, Upper Tribunal • EH v Kent County Council, Court of Appeal • R(Alloway) v London Borough of Bromley, High Court • R(Gopikrishna) v OIA, High Court • R(Thilakawardhana) v OIA, Court of Appeal • R(Zahid) v University of Manchester, High Court
Appointed the education law contributing authors of Clarke Hall and Morrison on Children, the leading textbook on child law
Regularly published in: • The Western Mail • Solicitors Journal • Lexis Professional Support Lawyer • Times Higher Education • Disability Review Magazine Regular legal commentators on BBC television and radio
Testimonials “I really feel that you were an angel sent” “absolutely amazing” “indomitable” “your expertise, passion and knowledge were outstanding”
Today’s Speakers from Sinclairslaw Michael Charles, CEO – A Involved in some of the leading education law cases of the last 20 years. Kevin McManamon, Associate Solicitor – Leading SEN, disability and court of protection solicitor. Kevin has over 10 years experience in handling complex judicial reviews and Upper Tribunal cases. Deian Benjamin, Solicitor – Specialist in educational and professional negligence. Kevin has over 10 years experience successfully bringing claims against schools and colleges. Christopher McFarland, Solicitor – An up and coming star of the education law world, Chris’ focus is on the higher and further education sector with a developing practise in SEN. Jenny Archer, Legal Assistant – Having spent over 22 years assisting children with SEN, Jenny is a parental advocate of the highest calibre and, having won many an SEN Tribunal, gives a compelling insight into the problems faced by parents with the Tribunal system.
Today’s External Speakers Vivienne Clifford, Educational Psychologist – Having worked for many years in local authorities across London, Vivienne now runs her own private practise. She is one of a few specialist educational psychologists focusing on young people aged 19 – 25 and has considerable experience in SEN Tribunal proceedings. Alongside her busy private practise, Vivienne is also an Honourary Lecturer on University College London’s renowned Educational Psychology Doctorate programme. Juanita Hurley, Speech and Language Therapist – Having trained and worked in local authorities, Juanita now has a dual practise. She runs her own private practise specialising in working with children and young people with Autism and associated communication disorders. Concurrently, she also maintains an employed practise within a mainstream secondary school in East London and is employed in a supervisory capacity at an independent special school for pupils with communication and language disorders.
The Changing Face of Education Law in Wales
12 Disclaimer: Although great care and attention has 10 gone into the preparation of this material and the contents are believed to be correct Sinclairslaw will 8 not be held responsible for any error contained or any adverse consequences arising from the use of Column 1 6 Column 2 this material. In particular, no liability can be Column 3 accepted where a person acts in reliance on these 4 notes or views expressed by the authors. 2 0 Row 1 Row 2 Row 3 Row 4
12 Topics: 10 • A parent’s eye view of the current education system, Jenny Archer 8 • Planning transition and the annual review, Juanita Column 1 6 Hurley and Vivienne Clifford Column 2 Column 3 • The proposed changes to education law in Wales, 4 Kevin McManamon and Deian Benjamin 2 • How these changes will effect post 16 education in Wales, Michael Charles and Christopher 0 McFarland Row 1 Row 2 Row 3 Row 4 • Q&A Panel, various experts
12 10 8 Column 1 A parent’s eye view of the current 6 Column 2 Column 3 education system 4 2 0 Row 1 Row 2 Row 3 Row 4
12 10 1. Are the odds stacked against parents by Local Authorities? 8 Column 1 2. Local Authority reports 6 Column 2 Column 3 4 3. Lack of knowledge of legal entitlement 2 4. Tribunal process / Representation at final hearing 0 Row 1 Row 2 Row 3 Row 4
12 10 8 Column 1 6 Column 2 Planning transition and the annual Column 3 4 review 2 0 Row 1 Row 2 Row 3 Row 4
MAKING EXPLICIT WHAT HAS BEEN PROVIDED WITHIN YOUR OWN CONTEXT…
Nursery/Preschool Primary School Primary School Secondary School Year 9 Post-16 Post-16/Sixth Form Further Education College Employment Training HE
COMMON PITFALLS OF ANNUAL REVIEWS • Restricted to the current context • Do not make explicit the hidden support and expertise • Underplay staff experience and training in place • Set out progress made but not what was required to achieve this • Do not express the barriers the child will face in a more complex/challenging setting • Do not detail what will be required for the child to cope with these • Lack specificity
FRAMEWORK FOR OUTCOMES Adult Life Outcomes Community Paid Inclusion Employment Independent Health Living
ENSURING THE LONGER TERM 0UTCOMES ARE SET For Benjamin to correctly Benjamin will use improved use new vocabulary in a language skills, including concise sentence by the end of and succinct self-expression, the academic year. relating to his vocational training. For Benjamin to be able Benjamin will combine a series of to use 5 different well constructed sentences within conjunctions in conversation with familiar and sentences by the end of unfamiliar adults in education, the academic year. training and work related settings. Benjamin will follow a 3- Benjamin will apply strategies that part instruction. assist him in comprehending information given, including by employers or vocational tutors.
How Much and What Example of what gets written Write to ensure it remains: • …needs speech and • …relies on and requires language therapy weekly speech and language therapy for 2 hours where the therapist works directly with his teacher to ensure language is modified
HEALTH SECTION TO EDUCATION Write to ensure it is part of Example of what gets written education: • Benjamin needs • Benjamin will manage anxiety effectively, reducing the impact counselling for anxiety. this has on his learning, training and taking up of new opportunities including those within employment • Benjamin will apply taught anxiety management strategies to enable him to enter and remain within classrooms and training contexts comfortably
RESULT: HEALTH GETS INTO TO EDUCATION HEALTH EDUCATION • Access to CAMHS • …will work with a psychologist or counsellor, • Access to Adult using CBT based approaches, on a weekly Mental Health basis with strategies Services reinforced/reviewed by a teaching assistant at the beginning of each day
“Those supporting people with learning disabilities have a pivotal role to play in helping achieve employment if that is a desired goal… Professionals may be involved in assessment, person-centred or lifestyle planning, helping people with learning disabilities to identify their needs, aspirations and support requirements. The promotion of employment as an option cannot be left solely to employment specialists. It is important that all those involved with people with learning disabilities understand the key concepts surrounding employment, the barriers facing the individuals who want a real job and what support is available to achieve this goal.” Ridley and Hunter (2012) ‘Employment’: In Learning Disabilities: Toward Inclusion , Edited by Atherton, H. and Crickmore, D. Churchill Livingstone Elsevier • CONSIDER EMPLOYMENT
Include Key Employability Skills Initiative & Personal Interpersonal Self-management delivery Confidence Social/ interpersonal skills Self-control Planning Problem- Self-esteem Communication skills Reliability solving Prioritising Motivation Teamwork Positive attitude Self-efficacy Assertiveness Presentation UK Commission for Employability and Skills (UKCES 2009)
Signals for Specialist Placements
Signals for Specialist Placements • Rate of progress, lack of progress, failure • Intensive and Integrated therapies • Multidisciplinary approaches • Vulnerability, emotional resilience • Need for independence yet still highly supported • ‘Waking day’ curriculum e.g. highly challenging behaviours, generalising learning • Courses and programmes at the correct level • Not able to build packages locally
http://www.preparingforadulthood.org.uk
12 10 8 Column 1 6 Column 2 The proposed changes to education law Column 3 4 2 0 Row 1 Row 2 Row 3 Row 4
12 10 8 Column 1 6 Column 2 Draft Additional Learning Needs and Column 3 Education Tribunal (Wales) Bill 4 2 0 Row 1 Row 2 Row 3 Row 4
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