Disability Equality Scheme (DES)

1. Disability Equality Scheme (DES) The following presentation has been adapted from the training for Leicestershire Schools. We suggest the SENCo, a member of the SMT and a governor work through this with the Model Disability Equality Scheme. You will need to set aside about 1 day.

2. How the powerpoint is organised The powerpoint is organised in four sections • Section A: background information • Section B: the disability equality scheme • Section C: planning staff training and • Section D: examples of good practice. You might wish to look at some of the examples of good practice as you go along, as they will give you ideas of things to include in your action plan.

3. Other useful information It might be wise to collect this information together before you start working. • The folder: Implementing the Disability Discrimination Act in schools and early years settings (ref: 0160-2006DOC-EN), one available per school from DfES publications. • Schools and the Disability Equality Duty in England and Wales, Guidance for Governors, Headteachers, teaching and support staff working in schools in England and Wales. (Downloadable from the DRC website – www.drc-gb.org) • Examples of good practice (don’t restrict yourself to the section in the powerpoint – we also recommend watching the DVDs in the folder and looking at examples included in the folder and guidance materials).

4. SECTION A: BACKGROUND INFORMATION

5. Who is disabled? It is important to understand which group of people (adults and children) the scheme will cover. The folder (Implementing the Disability Discrimination Act, etc) Section 1, page 13-18. This is a fairly easy section to work through and is essential reading.

6. BACKGROUND INFORMATION The next section of the slides gives important background information to the legislation. We have included Richard’s slides in this section, but unfortunately you miss out on his witty delivery. If you want to find out more about this, read the whole of section one of the folder (Implementing the Disability Discrimination Act, etc) and pages 4-8 of the DRC guidance.

7. Disability Discrimination Act Part 4Richard ThompsonEducation Officer (Policy)Existing Duties2005 changesNew DutiesExperiences in Leicestershire

8. DDA Part 4 and schoolsExisting Duties: • Duty not to discriminate unreasonably against disabled pupils for a reason related to their disability • Duty to make ‘reasonable adjustments’ to avoid putting a disabled pupil at a significant disadvantage • Duty to produce an Accessibility Plan to be reviewed every three years and need not include fixtures and fittings and auxilliary services Children and Young People’s Service

9. Changes in DDA in 2006 • Some medical conditions e.g. cancer, MS now qualify as ‘disabilities’ from the point of diagnosis • Mental impairment need not be recognised by a significant body of medical opinion in order to meet the definition Children and Young People’s Service

10. New Duties • From December 2006 (secondary) and December 2007 (primary), schools must produce a Disability Equality statement: • May incorporate Accessibility Plan • Should relate to the curriculum and other policies e.g. bullying and harassment Children and Young People’s Service

11. Duty to Promote Disability Equality • Promoting equal opportunities • Eliminating unlawful discrimination • Eliminating harassment • Positive attitudes • Encouraging participation of disabled people in • public life e.g. as a school governor • More favourable treatment/reasonable adjustment Children and Young People’s Service

12. Editors notes: The six duties The six duties listed on the previous slide are central to the scheme you will produce. They are included in the tools and we suggest you print them out and keep them with you whilst working on the scheme. TASK: Read pages 9-15 of the DRC guidance. This gives real-life examples of how a school might fulfil these duties.

13. Disability Equality Scheme • Involving disabled people • Collating data/information • Using/monitoring information • Assessment of Impact • Action Planning • Annual Reporting • Reviewing and revisiting the scheme (3 years) Children and Young People’s Service

14. Enforcement • If schools fail to comply with Disability Equality Duty: • Legal action can be taken by the DRC (in future to become the Commission for Equality and Human Rights (CEHR) • Individuals may ask a court to judicially review a LA • The DRC (and CEHR) can take action against schools by issuing a Compliance Notice enforced through the courts Children and Young People’s Service

15. Tribunals in Leicestershire • 5 to date 3 heard • All against governing bodies • 2 not upheld • 1 withdrawn • Autism disproportionately features • Nationally 50% increase last year on a low base • Increasingly being used as an alternative to SEN appeals Children and Young People’s Service

16. Some pitfalls • Comparative issues for less favourable treatment in behaviour: Clarke v Novacold (Trading as TDG). “When considering whether there has been discrimination contrary to the Disability Discrimination Act 1995 the relevant question is whether the treatment complained of was justified and is NOT whether a fit person would have been treated in the same way in similar circumstances.” Consider this in the framework of any discipline policy you might have – if a child’s poor behaviour is due to an underlying disability (eg ADHD, ASD, ODD), it is not justifiable to implement the same consequences as for a child who has no underlying disability. • Disability Discrimination can sometimes be justified but note extensive lobbying for Human Rights based legislation as in ADA Children and Young People’s Service

17. Part 4DDA More on the definition of disability: “substantial = not minor or trivial” Useful guidance: Disability Discrimination Act “Guidance on matters to be taken into account in determining questions relating to the definition of disability” DRC website www.drc-gb-org Children and Young People’s Service

18. SECTION B: THE DISABILITY EQUALITY SCHEME

19. Preparing your Disability Equality Scheme This section of the powerpoint takes you through the Disability Equality Scheme section by section. If you have any questions as you go, refer to the relevant section of the DRC guidance (pages 19-33)

20. TOOLS TO HELP On the website there are some “tools” to help you prepare the scheme. We suggest you print these off in advance.

21. Section 1.1: Purpose and direction of the school’s scheme • Ensure your school aims support the spirit of the legislation. • Decide where the Accessibility Plan will fit. (As this and the Disability Equality Scheme are on a 3 year cycle, it makes sense to combine them into one document.) This powerpoint does not deal with how to update your Accessibility Plan – Section 3 of the folder deals with that. TASK: Discuss how your aims fit with this legislation. Complete section 1.1 of the model DES

22. Section 1.2: The Involvement of Disabled Children and Young People, Staff and Parents • There is a requirement to involve disabled people in the preparation of the scheme and in the impact assessment of all policies, procedures and practices of the school. • You can do this by setting up a consultative group or using existing networks. • As well as involving current users consider involving ex-pupils. • Small schools might wish to cluster together to set up a consultative group. TASK: Discuss how your school will involve disabled people now and in the future. Complete section 1.2 of the DES

23. Section 1.3: Gathering Informationi. Identifying the disabled groups How will you identify • Disabled learners? • Disabled staff? • Disabled parents? • Disabled governors? • Disabled community users? For further guidance, read pages 20-29 of the DRC guidance. Please note: there is no requirement to tell people that they have a disability. Please undertake the exercise sensitively and avoid offence.

24. Section 1.3: Gathering Informationii. Collecting data, what, why and how? • What information do you need, how will the information be used and how will you collect it? TASK: Discuss and add to the gathering information grid (TOOL). Complete Section 1.3 of the DES.

25. Section 1.4: Impact Assessmentsi. What we need to assess • Policies – written in policy documents • Procedures – usually written or formally agreed, in handbooks, guidance, etc • and Practices – The way things are done by individuals or sectors of an organisation. These are the most difficult things to identify, yet are likely to have the greatest impact on disabled people.

26. Section 1.4: Impact Assessmentsii. How to Impact Assess (see TOOL) 1. Screening process 2. Consider the evidence 3. Impact questions 4. Reduce adverse impacts 6. Publication 5. Consultation

27. How will you impact assess? • TASK: Discuss how you will organise impact assessment especially how you will collect information about practices. (more details in the DRC guidance pages 29-30) You may choose to use a different system than the one given in the tools. Appendices one and two of the scheme give an example of a format for prioritising which policies, procedures and practices you will impact assess first.

28. Section 1.4: Impact Assessmentsiii. Example: Homework Miss Rigby always dictates the homework to her top English set. One boy in the set is dyslexic, and has short term memory difficulties. When he gets home, he can’t understand what he has written, and he can’t remember either. Consequently, his English homework is often marked incorrect or is missing altogether. TASK: Discuss “Would your impact assessment process be robust enough to pick this up?” and complete section 1.4 of the DES.

29. Section 2: Planning for Actioni. The Six General Duties (REMINDER) • promote equality of opportunity between disabled people and other people • eliminate discrimination that is unlawful under the Disability Discrimination Act 1995 • eliminate disability related harassment • promote positive attitudes towards disabled people • encourage participation by disabled people in public life • take steps to meet disabled people’s needs, even if this requires more favourable treatment

30. Section 2: Planning for Action How to use the Tool to prioritise actionii. Prioritisation Matrix

31. Section 2: Planning for Actionii. Prioritisation Matrix Plot your actions onto the matrix, using the agreed scores. Identify the higher priorities. 3 2 1 4

32. Section 2: Planning for Action TASK: complete Section 2 of the DES and save the prioritisation matrix for when you come to write your action plan.

33. Section 2: Planning for Actioniv. The Action Plan Must contain: • Plans for involving disabled people • Plans for Impact assessment • Plans for gathering information Must address: • The six general duties

34. Section 2: Planning for Actioniv. The Action Plan TASK: DISCUSS how your action plan will be organised – under six general duties or different activities, e.g. Teaching & Learning, Staffing, Governors, etc. DISCUSS its relationship with the AccessibilityPlan and the School Development/Improvement Plan. PRIORITISE any action you are aware of at present and add to the action plan. Ensure it covers the six general duties.

35. Section 3: Implementation • Arrangements for implementation, monitoring and evaluation • Publication • Reviewing and revision TASK: Fill the gaps in section 3 of the scheme.

36. READY FOR CONSULTATION • Your Disability Equality Scheme should be ready for consultation with disabled people. • You may decide to do this in different ways for different groups of people, e.g. with disabled pupils you might ask them what they enjoy about school and what would make things better at school; whereas with disabled staff you might ask them to study the draft scheme and suggest improvements.

37. The first Disability Equality Scheme • The DRC accept that your first scheme will be slightly different from subsequent schemes, as you will be setting up systems for consultation. • Your first action plan is likely to grow as you undertake impact assessments and identify more action that is necessary.

38. Section C: Planning Staff Training

39. Planning Staff Training How do you make a reasonable adjustment? What does a reasonable adjustment look like? ? Using the DfES CPD materials What makes it easier to make a reasonable adjustment? How do you know if a reasonable adjustment is the right one?

40. DfES materialsSection 2: Making reasonable adjustments for disabled pupils Structure of CPD materials 1. Guidance on using the materials including 3 DVDs 2. Outline of requirements and principles 3. Key factors to enable effective reasonable adjustments 4. Follow-up questions and talking points 5. Additional training materials on supporting CD-ROM including power point on DDA requirements/principles and checklists e.g.making reasonable adjustments in the classroom.

41. 3 DVDs:Reasonable Adjustments in action Essential Viewing: covers all Key Stages and includes break/lunchtimes, clubs, behaviour for learning, meeting medical/pastoral care needs. Foundation Stage and Primary: including ‘school stories’ and Primary teaching and learning. Secondary Education: including ‘school stories’ and Secondary teaching and learning. DVD 1 DVD 2 DVD 3

42. TASK • Training for Teaching Staff/ SMT - Video 1 Jake with Physical Impairments KS1 • Training for Governors - Video 2 Catherine with Learning difficulties KS3 Use the prompt sheet provided to guide discussion with your school colleagues about the clips you have seen.

43. Key Factors for Effective Reasonable Adjustments Exemplified in CPD DVDs

44. SECTION D:EXAMPLES OF GOOD PRACTICE

45. CASE STUDY 1 Pastoral Support Programme

46. More on behavioural difficulties • At this point, the realisation that the definition of disabled includes SOME pupils with behavioural difficulties, and you may need to treat them more favourably than others, has usually sunk home. You will need to consider your behaviour & discipline policy in the light of the need to make “reasonable adjustments” for these pupils. TASK: WATCH the “behaviour for learning” section of DVD 1 (from the folder (Implementing the Disability Discrimination Act, etc) ). This will give you ideas of reasonable adjustments that can be made. Add actions to your DES action plan.

47. Pastoral Support Programmes (PSP) • Any pupil with behavioural or attendance difficulties should have a pastoral support programme. • Where pupils have other programmes (e.g. IEP (for SEN) or PEP (for looked after children), the Pastoral Support Programme would form part of this. • By recording what provision you are making, you will be demonstrating how you are making reasonable adjustments. • An example of a format for recording a PSP and the DfES guidance on Pastoral Support Planning is available on the SEN team’s website. http://www.leics.gov.uk/index/education/support_for_schools/sips/aandi-supportteams/sips_sen.htm

48. CASE STUDY 2 – Ann Matthews - Susan O’Brien Good Practice for Dyslexic Learners

49. Implementing the Disability Discrimination Act Effective ‘Dyslexia Friendly’ Schools Work underway in Leicestershire Schools 2007

50. Implementing the Disability Discrimination Act Effective ‘Dyslexia Friendly’ Schools • An audit of classroom provision: - working well? - requires attention?