Select Committee on Education and Skills Minutes of Evidence


Examination of Witnesses (Questions 499-519)

PROFESSOR ALAN DYSON, PROFESSOR JULIE DOCKRELL AND PROFESSOR BRAHM NORWICH

13 FEBRUARY 2006

  Q499 Chairman: Can I welcome Professor Alan Dyson, Professor Brahm Norwich and Professor Julie Dockrell to our proceedings and thank them for taking time off at what must be the peak period of term time at the moment. We are very grateful for your attendance. As I was saying outside, barely a month on and we will know so much about special educational needs that we will be quite dangerous in our questioning, but we are getting there. We have heard a lot of evidence and we are getting to know the territory reasonably well. First of all, what we are getting from the evidence we have had so far is that everything seems to flow from Warnock. We know that is not true but one of the reasons we are looking at this is because Baroness Warnock seems to have changed her mind around inclusion. We have had a lot of witnesses here who think that it is high time we looked at this whole area again. The evidence in one sense is that the number of students in special schools remained fairly constant over a long period of time and so, one could argue, what is new? What has happened is that there has been this view that inclusion should be promoted, but how far has that gone? Are we making too much fuss about the problems that Baroness Warnock seemed to find out? The other side is there have been real problems in this whole inclusion and exclusion agenda and there are other problems that have nothing to do with exclusion and inclusion; they are about the quality of education for a whole swathe of students in our schools. How important is Warnock in your view, Professor Dyson?

  Professor Dyson: In some senses very important because the Warnock Report set the foundations for the system that we still have and that in itself is an issue because, if you look at the education system in the 1970s when the Warnock Committee was sitting and in the 1980s when the 1981 act was implemented, it was a very different education system from the one that we have now. You have this mismatch of very rapid change in the mainstream education system and this foundation of a Warnock-inspired framework that really has not changed very much at all. It has been tweaked a little, but substantially it is the same framework that we still have and we get some mismatches from that. Inclusion is one issue. It is also important to recognise that that is by no means the only issue in special needs education and very often it is seen as though it is the only issue and it simply is not. If you take something like the relative responsibilities of schools and local education authorities as they were for special needs education, and the control of education in 1978 was quite different from that which we have now, it is not surprising if the system is creaking at the joints a little.

  Q500  Chairman: If you look at the figures, there is, more or less, the same number of children in special schools and still a pretty constant 60% of statemented children are in mainstream schools. That is not a difference, is it?

  Professor Dyson: It is not a difference in terms of the raw figures. Probably the nature of the populations have changed in that what is often seen as a mass influx of children with special educational needs into mainstream schools is actually a movement or a retention of children with certain sorts of difficulties at the same time as children with other sorts of difficulties. The case that is always quoted is so-called "behaviour" difficulties, a moving out of standard mainstream provision into a whole range of non-standard provision.

  Q501  Chairman: Professor Norwich, do you agree with that?

  Professor Norwich: I do, but I would question your assumption that the number of children over the years who are retained or placed in special schools has changed. The Ofsted Report in 2004 had a table which showed a flat level of about 1.3%, but if you look at it over the period from 1983, which was the point at which the 1981 act came into operation, there has been quite a sizeable decline in the total population of special schools. That was greatest in the 1980s and flattened out somewhat in the 1990s. The assumption now is that since 2000 it has been fairly flat. If one is looking at it in terms of the earlier report and what we have been through over the last two decades or so, there is something sizeable and, if you make comparisons with other countries—Holland, for example, which has had a very strong special school tradition much more so than this country, has developed policies to try and place children in regular schools—what they found is that the proportions in special schools have not gone down. If one takes a slightly longer view back to the 1978 Report and the principles underlying the 1981 act, there have been some changes. I agree with Professor Dyson's point that it is a question of what areas of special needs and things change within that. There is a problem with monitoring because the figures have only been global. Even now that we have more sub-area categories there are issues around that and about the consistency of the identification of the sub-areas to make global statements. My point would be that one needs to look at it in the longer timeframe.

  Q502  Chairman: Professor Dockrell, what should we be about in this country in terms of special education? Should we be tearing up what we have done in the past and starting a much more radical policy, or should we be trimming, shaping and modifying? When the Department spoke to us they were much more of the latter view rather than the former view, but we have had other witnesses who have said that the whole framework is not any good; we have got to look at the Scottish example, look at all children with special needs and having a particular category of children with special needs is counterproductive. What is your view?

  Professor Dockrell: What is important is to evaluate what the successes have been of the changes over the last 10 or 15 years in terms of special education and also to identify where there have been problems, continue to be problems or where new problems are likely to arise so that one can be strategic about the changes and not tear up what has been done in the past but to look at what has worked and see how those can be systematically developed and planned. If you wanted me to identify what might have been some of the positive outcomes I would highlight the exchange between mainstream and special schools and the exchange of information and skills in both directions. I can point to a special school that I work with quite closely who, until five years ago, did not have any of their young people in secondary sitting GCSEs but with links with mainstream provision now have about half of them doing GCSE exams at 16, but equally some mainstream schools benefiting from the expertise in special schools in supporting their lower attainers in terms of differentiating their curriculum. There is an exchange and that is something one could build on.

  Q503  Chairman: Would you agree that we do not need a radical change, Professor Norwich?

  Professor Norwich: How radical is radical? I feel there is a need for change. The question of whether radical means we need another committee like some people have recommended is some ways not that important. There is a need for some radical change, yes. One of the things I feel quite strongly about is the need for greater specific information and evidence about what is going on. We have made progress over the last few years towards that. The example that always comes to my mind is the 2003 classification of special needs and the whole way that was introduced and some contention around how those categories were constructed and how they are used and what they mean. There is a need for a lot more systematic evidence and I would say that is a radical move. That is not necessarily radical in the way that Mary Warnock would say we need something radical, we need another committee. In that sense there are a number of fairly radical things that are needed in the system. Whether one need change the framework at its core is another issue and one could say more about that, but of the issues that I consider to be most radical and having the widest ramification I feel that is really quite an important issue.

  Q504  Chairman: You mentioned the information, presumably the data. If that is not being collected, who should be collecting it?

  Professor Norwich: It is across the system. One of the points that came through the questions was, for example, how does the standards agenda interface with special needs education? For the standards agenda in whatever form it moves forward to include all children with special needs you need to have good assessment data. We have had the development of the P scales and other systems that have been developed. Personally I feel there is a lot more work needed in that area. There is more work needed in how that monitoring information about outcomes, about value added, is to be used and used in league tables or not and how it is going to be incorporated in school developing planning or local education authority planning and so on. The traditions that we have are very much where the general system is marched forward and then we ask questions about special needs education and then various things are done to try and link it up. The perennial issue is whether things designed within the general system are broad enough and flexible enough to interchange with the needs that are within what people call the special sector. I see that as a big issue. Setting up a committee that has got special needs as its remit does not necessarily deal with that. Where I think radical changes are needed is a more pervasive way. It is a longer-term issue, not just something that is done on a particular cycle.

  Q505  Chairman: My gut reaction when I first heard of the call for yet another committee of inquiry was that we would be very happy to do an inquiry ourselves and often a select committee inquiry is of more value in my view than having the great and the good setting up a quasi-Royal Commission on these things because we can work faster and come up with some sensible recommendations in a much shorter time. Professor Dockrell, how do you feel about children with special educational needs in this country? Are they getting a reasonably fair deal? We nearly succeeded in getting to Spain and Holland to look at their systems last week but in the end Parliamentary business prevented us going. We were trying to look at good practice elsewhere. Is our system not fit for purpose and their system more fit for purpose?

  Professor Dockrell: Two things: one is that I would like to support what Professor Norwich said earlier about the issue of evidence and this links to the notion of fit for purpose. One of the issues is to establish an evidence base; that is an evidence base not only on kinds of categories or how we do the planning, but also on what is effective pedagogy for all kinds of children with special educational needs. There are gaps in a number of countries. I am not an expert on a range of countries but I have visited some. There are problems with the current special educational needs provision which needs to be addressed in terms of the flexibility in which it meets individual children's needs. A focus on the individual would be my basic premise.

  Professor Dyson: When you ask questions like is the current system fit for purpose it begs another question which is what exactly is the purpose of the current system, because I am blowed if I know. It is not a trivial question; it is what are we trying to achieve through special needs education? A concept like "need", which we have lived with from before Warnock, is very useful in some ways but it obscures what it is we are trying to do because needs are self-evident. We think that somehow we can look at children and will automatically know what it is that they then need. One of the problems right throughout special needs policy through many governments has been a lack of clarity of what precisely we are trying to achieve. To give you two examples: you might say that the dominant purpose of special needs education is to raise the attainments of children identified as having special educational needs to as high a level as possible. If you say that then you can construct a system which will help you to do that. You might say no, I am a fairly purist inclusionist and I think that notions like presence and participation and rights are what should be driving special needs education. That would lead you in a very different direction, but unless and until we actually engage with those more fundamental questions of what we are trying to achieve, it is very difficult to say whether the system does or does not work.

  Q506  Chairman: Do other countries have a better sense of what they are trying to achieve with their system than we do?

  Professor Dyson: Probably not, but they have a different sense. You go to some countries and there would be much more of a rights-based approach to special needs education. There would be certain entitlements that all children would have. We tend to have avoided that sort of approach. You go to other countries where the separation of a category of special needs from a whole range of other difficulties that children might encounter, both in schooling and indeed in their overall development in social issues, would be taken together. There would not be an attempt to separate these things out. You go to other countries again where what we call special needs would be much more to do with disability and identified disability. It would be more medicalised than it is in this country. It is very dangerous to go to other countries and say what are they doing right that we are doing wrong, or vice versa, because they are probably trying to do different things on a very different conceptual basis.

  Q507  Chairman: We spend our life when we do inquiries looking at good practice. We recently looked at prison education and we learnt a lot from going to a couple of the Nordic countries.

  Professor Dyson: I agree. I do not think it is a case of nothing can be learned; it is that it is a very dangerous exercise if what we get into is importing one set of practices into this country into really a very different legislative context, a different context of provision and a different cultural context.

  Q508  Mr Carswell: When you talk about a more rights-based system is that to say that parents and carers generally have greater entitlement compared to the experts than they would under our system?

  Professor Dyson: No, it would probably be the children who would have the rights.

  Q509  Mr Carswell: Exercised by parents?

  Professor Dyson: Maybe exercised by parents, which tends to be the way that we think of things here, but maybe exercised by the state on behalf of children. I will give you an example, and it is an anecdotal example: I was recently in the Republic of Ireland doing some work on special needs education there. We were talking about rights and entitlements. The Republic of Ireland has a constitution which guarantees the right to education of all children and that right was guaranteed from whenever the constitution was in force (1936, I think) and we did not guarantee that in this country until 1970 because we did not have a constitution in quite that way. It is that sense of rights where the state acts as the guardian of the child's rights.

  Q510  Mrs Dorries: On the back of that, and I do not need a response to it, but have we not done that under the Education Act 1998 where does it not state that the rights of the child—I cannot remember the wording—but is it not stipulated in the Education Act that the educational needs of the child should be met by the state? Have we not done that already?

  Professor Dyson: Yes. I am not advocating this approach; it is simply an illustration of how it is different. We tend to carve out particular areas where we think we need to make statements like special needs education where we tend to couch the whole thing in terms of meeting needs. That is not quite the same as an entitlement to a particular sort of education; it is a kind of lesser step. That happens to be the way that we have done it in this country. If you go to a more rights-based country then the whole foundation on which provision is based will be different from the foundation here.

  Q511  Mr Marsden: I would like to explore with the three of you, if I may, the knotty relationship between special education needs and social/economic factors. Professor Dyson, in the paper that we have had circulated that you published in a book by David Mitchell last year you talk about this and two particular things: you talk about the fact that we have a variety of different ways of dealing with special educational needs children—you mention referral units resource-based in schools—and that means there is a complex system of social segregation which you refer to, and you also say that "educational risk factors tend to become concentrated in particular areas and in particular schools". Could I start off by asking you if you think there is an inevitable connection, as things stand at present, between the concentration of children with special educational needs and the concentration of social and economic disadvantage in terms of geography and parts of the country?

  Professor Dyson: The simple answer to that is yes. The reason for that is, and this predates Warnock but since we have started with Warnock, when Warnock extended the concept of special education to include a very large minority of children, most of whom were always going to be placed in mainstream schools, those are not children who would identify themselves or be identified by anybody else as having disabilities. They are children who, for one reason or another, are not doing terribly well in school. What we know about children who do not do terribly well in school is that they disproportionately come from certain social ethnic and indeed gender groups. If you look at the special needs population you come across a really rather bizarre thing which is that if you are young for your year group you are more likely to be identified as having special educational needs than if you are old for your year group. That is nothing to do with disability. We can imagine why that happens but that seems to be the way things go.

  Q512  Mr Marsden: Can I play devil's advocate with you on that and say, if we accept that broad convergence, where does that leave us with children who, in other circumstances, would be regarded as gifted, but who nevertheless have special educational needs, and I am thinking particularly perhaps of children with dyslexia, perhaps with children who present at certain aspects of the autism spectrum—Asperger's comes to mind. Has that not slightly skewed that overall picture that you are presenting?

  Professor Dyson: There is not a one-to-one correlation between social disadvantage, ethnicity or gender and special educational needs. The problem we have is that we talk about special educational needs as though they are something that are self-evident and as though we know what they are. This is an administrative category and it is a rather ragbag administrative category; it contains children with all sorts of different characteristics, some of which you have listed, but many of those children also experience a range of other disadvantages which is why they do rather badly in school, which is why, in the absence of any really very clear criteria as to who does or does not have special educational needs, they get identified as having special needs.

  Q513  Mr Marsden: Can I bring Professor Norwich and Professor Dockrell in here if they wish to comment and particularly if they wish to disagree in any way shape or form with what you have said. In default of that could I ask one of the things in terms of the general media comment insofar as it has focused in the last 12 months on SEN on the apparent extraordinary rise in presentation of children with autism, particularly with ADHD. Certainly from my own experience in my own constituency when parents have come to me with children who they say have these particular things there have been particular associations with socioeconomic disadvantage. I wondered whether in fact the apparent expansion in autism and ADHD is related to a sort of ghettoisation in terms of social and economic disadvantage. What evidence is there of that?

  Professor Norwich: Picking up Professor Dyson's point, with which I agree, special educational needs is not the same as what people would call impairment or disability and that was clear in the framework. The framework we have inherited—there might be some disagreement—my understanding of it was that it was always an interactive one. Special needs arise out of an interaction between environmental factors and within child factors. To that extent if environmental factors become more adverse we would expect a rise in special educational needs. A lot of our trouble and why we go round in circles is around the issue of where do we draw the line? In my view there is quite a big difference between children for whom parents go and get a medical diagnostic category and those with, what the Americans call "mild educational disabilities" which is quite a useful term, which is the overlap and would be the majority of children who have statements. The rise in ADHD is a reflection of the issues about children's capabilities to attend and focus themselves in schools and at home, parental capabilities of dealing with that and the rise, as some people would see it, of greater parental assertiveness about wanting something to be done. A parent might come to a school and say my child has been diagnosed through the medical circles and this child has Ritalin and that is how it is being dealt with. On the other hand, if you go back historically about the proportions of children who displayed attentional difficulties, there are surveys that go back to the middle and early 20th Century which shows that it is 15-30% of children in surveys that were done. A national survey that I did in the late 1990s showed on a well-known measure that almost 20% of children were being identified by parents of children as having problems in concentration.

  Q514  Mr Marsden: You are saying that we have always had this with us but we are just giving it a trendy label.

  Professor Norwich: Given a trendy label, maybe tolerance levels are different, there are different social circumstances. There are also different diagnostic practices of medical practitioners. Some psychiatrists I have spoken to have said that they have adopted a more liberal approach to the diagnosis of a disorder of attention than they might have ten or 20 years ago. That is in a sense importing the American criteria. All of that is part of the social factors.

  Q515  Mr Marsden: Professor Dockrell, do you want to add anything?

  Professor Dockrell: I will not talk about ADHD because it is not an area that I am particularly familiar with. While there is a correlation between disadvantage and special educational needs, that correlation varies according to albeit the different kinds of categories of need that one is looking at; it is an interaction. You can take a child who has additional learning needs because of a hearing impairment who in one context will manage in that kind of educational structure and another will not, so there is an interaction, but it is not necessarily the case that hearing problems or central neural hearing losses are associated with particular kinds of disadvantage. You can do the same kind of thing with language which is what I know best. You can look at pre-school settings and see children who have had, for a variety of reasons, disadvantage which impedes their progress in oral language, yet there are other children who will continue irrespective of their socioeconomic background to experience significant challenges with language and communications, so it is not quite that straightforward.

  Q516  Mr Marsden: Professor Dyson, what are the practical implications of this in public policy terms? I want to take you back to your comment in the paper where you talked about the variety of situations. You talked about PRUs and you talked about the extent to which they may be being used as a subset for children with social inclusion difficulties. My own experience of PRUs in my own area, which I think do a very good job, but nevertheless it is the case that they do seem to be taking in more and more children who undoubtedly have behavioural difficulties, but who in other categories in the past in a very vulgar term would have been described as "bad lads" or "bad girls" or whatever. Is this what is happening? If so, is it an appropriate way for PRUs to be used? How does that fit in with this whole context of mainstream education?

  Professor Dyson: Professor Dockrell is absolutely right, there are all sorts of variations and subtleties in this that we have to be aware of, but I will speak in fairly broad terms and in broad terms that is what is happening. The issue is naming the problem. If you have some child or young person who is proving difficult to teach in a mainstream school what exactly is the problem and then what is it that would be the most appropriate thing to do about it? The special needs system as we know and love it says the problem is located within that individual child and the things about the interactive definition of special educational needs is absolutely right—that is what the Warnock Report was about—but we kind of forgot the half of it that was to do with the nature of provision and we have concentrated on what is wrong with this child. Then you put in a whole series of measures for responding to that individual. If you cannot find some way of putting that individual right then you place them somewhere else, for instance in a PRU, and while you are doing that you do not pay the same sort of attention to the factors that there may be in the classroom, in the school, and then certainly not in the wider social context that might have produced those difficult behaviours in the first place. It is not surprising that it is much easier to try and fix the individual child than it is to look at the context.

  Q517  Mr Marsden: Are you saying that there are circumstances in which children with behavioural needs who are currently being put into a PRU would not have gone into a PRU if they had been at a school in an area of greater socioeconomic advantage?

  Professor Dyson: No, I would not put it like that, but I would say there are some children who find their ways into special provision such as PRUs from one school who would not find their way into that provision in another school that was differently organised and differently managed.

  Q518  Mrs Dorries: My questions were written down on the train this morning so I will just read them. I have a couple of questions to ask of Professor Dyson and a couple for Professor Dockrell. Professor Dyson: having read your submissions to the Committee you have actually answered one of my questions. The term "inclusion" embraces both children with learning difficulties, physical difficulties and those with socially-disadvantaged backgrounds. Do you not think that we are overusing the terminology "inclusion" and that if we took those three categories of children and focused on those three categories that we might see more movement in terms of socially-disadvantaged children being included? You are very much pro-inclusionist, are you not, that these children with these specific learning difficulties and physical difficulties would receive both the appropriate education and the attention that they required rather than being put into one pot which is being measured together?

  Professor Dyson: Certainly the notion of inclusion, if it has not outlived its usefulness, is beginning to outlive its usefulness just because it has been stretched and pulled every which way so that it means really very little. When you say I am pro-inclusionist, I have no idea whether I am or not unless you can tell me.

  Q519  Mrs Dorries: I think you said you were a moment ago when you came in.

  Professor Dyson: I do not recall doing that. Given certain definitions, yes, I am, and on other definitions, no, I would not regard myself in that camp. We have to be careful about categorising and saying different treatments for different categories because of the history that we have got in this field where rigid categorisation does not work. I certainly think there are large swathes of what we currently call the special needs population where the framework that we have that focuses on individuals, individual difficulties and individual provision is not the right framework and where we should be looking at much broader strategies to do with different types of pedagogy, different types of school organisation and different types of social intervention.


 
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