UNCORRECTED TRANSCRIPT OF ORAL EVIDENCE To be published as HC 478-i

House of COMMONS

MINUTES OF EVIDENCE

TAKEN BEFORE

EDUCATION AND SKILLS committee

 

 

SPECIAL EDUCATION NEEDS

 

 

Monday 31 October 2005

BARONESS WARNOCK

Evidence heard in Public Questions 1 - 47

 

 

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Oral Evidence

Taken before the Education and Skills Committee

on Monday 31 October 2005

Members present

Mr Barry Sheerman, in the Chair

Dr Roberta Blackman-Woods

Mr David Chaytor

Mrs Nadine Dorries

Jeff Ennis

Tim Farron

Helen Jones

Mr Gordon Marsden

Stephen Williams

Mr Rob Wilson

________________

Witness: Baroness Warnock, a Member of the House of Lords, examined.

Q1 Chairman: Baroness Warnock, can I welcome you to our proceedings and say what a pleasure it is to have you here and to see you again. We are pretty tight on time today because we have an hour for this part of the inquiry and we have an hour for something quite different afterwards, so we are limited for time. That does not mean to say this will be the only chance we have to talk to you and because of that I am not going to read any of your CV out, which is illustrious and long, because I think most people know it. What they will be particularly concerned about and interested in, of course, is your report that you wrote. Take us, Baroness Warnock, through the history. You were appointed by whom? Was it a Labour education minister? Who appointed you to the original inquiry?

Baroness Warnock: Margaret Thatcher, as a matter of fact. She was Secretary of State for Education.

Q2 Chairman: Yes. What date?

Baroness Warnock: That was early 1974, then the Conservative Government fell and the Labour Government took over the committee which had just been set up. We had not actually met yet, but we were taken over.

Q3 Chairman: Yes, I knew there was a political change from your being asked to do the job.

Baroness Warnock: The Labour Government was still in power when we reported four years later.

Q4 Chairman: In what year did you report?

Baroness Warnock: 1978.

Q5 Chairman: You reflected on your report fairly recently and it is one of the reasons we are all here today. It is not the only reason because I think I have said in other places that we tend to do reports on issues that we have neglected for some time, and we had discussed in this Committee the fact we had not looked at special education under my chairmanship and it was about time we did. Then, serendipity, you made your speech, wrote your pamphlet and, of course, that was very timely for us.

Baroness Warnock: I think it is one of those occasions when I wrote that pamphlet because there was a lot buzzing all around anyway. It was not ground-breaking, it was just part of that general feeling in the air that the whole thing needed looking at again.

Q6 Chairman: Can you take us through it. When you first wrote the report, I take it you were content with your recommendations. Is it that you have changed your mind about the recommendations that you made, or is it because you do not think Governments ever really carried through the recommendations into policy in quite the way that you anticipated or hoped for?

Baroness Warnock: I think if one reads the first report, the real report, carefully - and I re-read it again - I do not think we ever wanted our recommendation about integration to be taken quite as far as the Government now seems to be taking it with their policy of inclusion. I think the reason for that is simply at the time in 1974, the most severely disabled children had only just come under the Education Department; before that they were the responsibility of Social Services until 1972. So we wanted to introduce a concept of special educational needs that would somehow demonstrate that education overall for all school children was a kind of integrated activity with common aims, and within that integrated activity different children had different needs. Now that was very widely interpreted as meaning that all children would be taught at the same school, and there were people, mostly far left Labour members of my committee, who thought the comprehensive ideal would never be fully realised unless there was one kind of school for absolutely everybody, and that was where the beginning of what I regard as the exaggeration of the possibility of inclusion began from.

Q7 Chairman: Good, that certainly gives us a part of the history. In fact, a number of administrations have seemed to have followed this call for integration, have they not? A large number of secretaries of state have come and gone over the years; they all seem to have subscribed to inclusion or integration, or whatever you call it. In trying to look at this in a non-party way, it seems there has been a kind of fashion for this that is really outside of the party political or includes all the main political parties.

Baroness Warnock: I think that is right. I think one huge step in the wrong direction, if I can state it plainly, was the 2001 Education Act which, for the first time, brought together the concept of special educational needs and disability discrimination because that had never been done before. Now to me - you may be able to enlighten me - I am absolutely unclear myself, and I think a lot of schools are, about whether all children who have special needs, let us say from emotional difficulties or whatever it is, are to be thought of as disabled, in which case if they are then if the school cannot handle this child and excludes it, it is caught under the Discrimination Act and is committing a criminal offence. If they are not disabled but are allowed to have special needs without a disability label, so to speak, then the legal situation is different. I have not been able to work that out. As far as I know, I have never found a clear answer for that.

Q8 Chairman: All my colleagues are waiting to ask you many questions, but, can I ask you before we open up the questioning, why do you think so many people seem to think you have let them down? They thought you were the great integrationist, you are the person everyone associated with a particular style. Why do you think they are quite so strident in their reaction to your more recent change of opinion?

Baroness Warnock: I think there are two different answers to that. One of them stems from the whole concept of disability discrimination and I think that there is a large group which really thinks that disability is caused by, say, other non-disabled people's attitudes to disability. If a child is educated in a special school that child is, by that fact alone, being discriminated against. He does not get the chance that other children have to go to a mainstream school and I think that is one stream of what I can only describe as hostility, that my pamphlet, for example, provoked. I think the other thing is that people, and particularly parents, do feel that they are being cheated and therefore their children are being cheated. I do not think this is a particularly party political point, but the reason is the White Paper, last week or whenever it was, which over and over again emphasises parental choice as the great good which is going to come with educational reform, but I think that produces a hollow laugh on the part of parents with children with disabilities because they have no choice. Everything depends on the assessment that their child gets and it is the local authority which conducts the assessment and also has to pay the money and naturally the parents do not believe the assessment is truthful because it is pitched as low as the local authorities can get away with because of the money. They really have virtually no choice of schools and no control over wishing for anything else, so I think they feel cheated for that reason.

Chairman: Thank you very much for those introductory responses, Baroness Warnock. Nadine, would you like to open the questioning?

Mrs Dorries: Chairman, before I actually ask my question, could I ask why Baroness Warnock is only at the Committee for an hour, because that hour has slipped to 45 minutes, and as we are doing SEN as our inquiry and Baroness Warnock is both the authority and architect of the SEN, is it not possible to ask her to come back another day?

Chairman: We are already going to do that.

Mrs Dorries: Fantastic.

Chairman: The answer to your question is that if we do not see the Adult Learning Inspectorate today, the time for comment on the consultation on the abolition of ALI will be over.

Q9 Mrs Dorries: That is fine. I could do 40 minutes on my own. Baroness Warnock, I do not think anyone can disagree that many children benefit from inclusion, and parents with children who want mainstream education should have it as a right. I do not think anyone disagrees with that. You recently stated that inclusion has failed too many children with special needs and that is a view I share. I would like to ask about children who are wrongly placed in mainstream education, of which there are a number in my constituency and many across the country, namely children with conditions such as Asperger's and autism? Children are robbed of the ability to socially interact or communicate, who need rigid discipline, who are terrified of noise and chaos and constantly changing teachers and who lack the most basic skills and need them to be taught to them. Some of these children do well in primary school because they have one teacher and a small intimate environment and do quite well there. However, when they move to secondary education, the chaos, the rotating teachers, the noise and the confusion are terrifying to them, and actually I have seen this at first hand. They are terrified, and I have heard teachers say it breaks their heart to see children in that position sometimes. In this situation, I think the policy of inclusion is - and I hate to have to say this - sometimes from what I have seen, a policy of cruelty in some cases and in this environment children cannot cope. It is borne out by the fact that 27 per cent of children with autism, a statistic I know you are aware of, in mainstream education are excluded at any one time. The only lifeline these parents have for those children is in the statementing process. That is the only safety net they have, the only legal road they have to go down is the statementing process, and yet you say that you would like to see that removed. What would you like to see put in its place? Do you not think, as someone of your knowledge, authority and standing in the community and nationally, that you should perhaps be putting forward some of the things you said in your pamphlet and some of the views you have in a more robust manner to the Government?

Baroness Warnock: I think, to defend myself, I would say that the main thrust of my pamphlet was that it is time that the whole structure within which we assess children should be changed and I have no instant solution. You know as well as I do that a new system is coming in in Scotland in a fortnight's time and they have given up the expression "SEN" and they have given up records or whatever they used to call statements, and it is all structured differently. My gloomy thought is it is not going to make a bit of difference, but that is nothing to do with it. I think we need another look at the whole thing. What I have against statements, without being able to say what should go in their place, is that they operate so terribly inequitably. Two children with almost identical disabilities, one of whom would have a statement and therefore go to special school if that is what the parent wanted, and the other of whom has a statement obstinately withheld by the local authority, probably for financial reasons, and their disabilities could be almost the same. This seems to me to be very, very inequitable. I want to have a system that does not have this cut-off point for which nobody knows what the criteria are. There are not and never have been any clear criteria to determine whether someone has a statement or not. Just to refer briefly to what you say about autistic children - I blame myself partly for this in the report - we have all got into the way of thinking that special educational needs is a single category of children and if some children with special needs, by adapting the school and bringing teachers in, can flourish in a mainstream school, then all children who have SEN will be the same, but that is particularly not the case, as you say, about autistic children.

Q10 Mrs Dorries: You do not have an alternative proposal to the statementing process then?

Baroness Warnock: Not really. I am not an expert. I would like to see another committee ---

Q11 Mrs Dorries: I think you are an expert, Baroness.

Baroness Warnock: I think the great thing about committees, as you know well being members of this Committee, is that you do learn from one another and people have ideas that you would not have thought of you and you think, "Gosh, I wouldn't have thought of that", and then you explore it. I am a terrific believer in - and you may say that I would say that, would I not - of committees and inquiries because they have time and resources and research. That is what I think is needed.

Q12 Mrs Dorries: Baroness Warnock, you just made the statement that parents can have the choice to send their children to a special school or not. Baroness Warnock, parents do not have the choice. They do not have a choice to send them to a special school. That choice is frequently denied them, whether it is through the funding or a particular policy of the LEA, they do not have a choice.

Baroness Warnock: At least they have a chance if they have a statement to go to a special school if the parents plead and fight.

Mrs Dorries: Only in many cases if they go to a tribunal and have £10,000 to spend and are white and middle class. I am trying to make the point it is variable.

Q13 Chairman: Baroness Warnock, do you want to come back on those?

Baroness Warnock: One of the things that is wrong with the present system - and I know people say it is wrong and not a good idea, but I would not trust myself to have a good idea - is the whole business of the tribunals that they have to go through. If a parent has to identify a school, say, that would suit her child very well, first of all she cannot get a statement and then what is on the statement does not specify and so on and so on. It wastes months and years of the child's life.

Q14 Chairman: It is refreshing, Baroness Warnock, to hear someone say it is important to ask a question of you and you do not always have to have all the answers, but I want to put your mind at rest. You do not have quite the same Committee system in the House of Lords as we have here, so let me assure you I will not rest until this Committee of inquiry on special education does a thorough job, reflects with all its resources and comes out with what I hope will be a first-class report which will satisfy even your high standards.

Baroness Warnock: I am not answering directly but if I may say so, one of the things that I find very puzzling about the situation we are in now is that on the one hand you have local authorities, you have teachers in schools, thinking they must interpret all the Education Acts there have been in such a way children are included in the mainstream and that is necessarily the best form, while at the same time I think little is known about parents' wishes. There are these new kinds of schools, specialist non-maintained schools, which are specifically for children with statements. They are special schools, they - probably because they were threatened with closure - applied for and got specialist school status and I know about two of these schools but I think there are 30 of them now up and down the country, and the great thing about them is that they are small, they are about 150 pupils. I think that is big enough for a special school, especially for those autistic spectrum children who need stability, who need to know their teachers, who need that kind of nurturing. What I would love to know is to what extent the rise of these schools really fits in with Government policy. I find it terribly, terribly mysterious. I was asked to go to one of these schools and I was incredibly impressed, they are wonderful, and since then, by poking around in the Department and asking questions of the Special Schools Trust people I managed to see a list of them and, as I say, there are 30 of them and more coming. How do they fit in?

Chairman: It is our job to find that out. We will be doing that. We will come back to that in a minute because there are some interesting leads you have given us there.

Q15 Mr Marsden: Can I very quickly come in on what you have just said? You mentioned "autistic spectrum" there and what I would be interested in is, first of all, do you think that the enormous emphasis there now is in the coverage of SEN on the autistic spectrum, reflects a wide scale increase in the incidence of autism or the greater awareness of it ---

Baroness Warnock: Quite so.

Q16 Mr Marsden: Secondly, if it is a spectrum it presumably goes all the way from very, very severe difficulties to very minor difficulties. Is it then appropriate we should be talking about treating all these children within that spectrum in either inclusive education or special schools?

Baroness Warnock: I think that is a very interesting question but I think the children with manifest disabilities, whom the severely autistic group would be among because many of them have no speech and so on, would already go to special schools. I doubt if many very severely affected children would be in a mainstream school, except in an autistic unit which is a separate thing within the school. I think the children who are least disabled and with less obvious disabilities are in a curious way the children who are worst done-by. Those are the children who have the kind of difficulties that make a large comprehensive school absolute hell. I know of one child for example who has been refused a statement because he has a high IQ. Autism is not a matter of IQ. This child is in complete misery and only goes to school when he is drugged with anti-depressants, but the invisibility of his difficulties makes it so hard for the parent.

Q17 Mr Marsden: I am perhaps being a bit dumb but I am not quite following through the logic of what you are saying. If you are saying children in this position in the spectrum should not be in mainstream education, is it then also appropriate there are children with Asperger's, for example, who do have significant challenges but probably many experts might say the last thing you should do with a child with Asperger's is put them in a special school.

Baroness Warnock: I am not sure that is true. What we perhaps do not do enough of is to follow the child, let us say, a Down Syndrome child, from the age of 9 or 10 very carefully to see how, if at all, that child will manage to survive in a secondary school. I think the transition from primary to secondary is, as has been said, traumatic for most of them but it is particularly traumatic for various kinds of disabilities including Asperger's, including Down Syndrome, and the reason is partly that adolescent children have different emotional and friendship and group needs from children at primary school. I think there are quite a lot of Down Syndrome children who suddenly feel themselves completely left out. They have had lots of friends at primary school but because they do not do all the things - some of them do but there are others who cannot manage - they become very miserable and then very angry if they suddenly find themselves excluded from all their previous friends. So there needs to be a much more careful monitoring system for a child who has been pin-pointed so to speak in the primary sector as having learning difficulties of various kinds to see how they are going to manage in the first year of secondary school, and then at that stage the decision should be made about whether a special school or let us say a small school would be more appropriate.

Q18 Mr Marsden: You think size is an issue here?

Baroness Warnock: The smallness of the school makes a huge difference to the success of the child.

Q19 Helen Jones: I think perhaps, Baroness, my colleagues have hit on a point we need to clarify here because we are talking about children with a wide spectrum of different needs. Can I ask you first of all what is your definition of a special educational need and what definition should this Committee be working to?

Baroness Warnock: What a terrible question!

Q20 Helen Jones: It is fairly important if we are designing the system.

Baroness Warnock: I know. The definition, as you probably know, which comes in the 1981 Education Act is the purest vicious circle you will ever know. A special need is defined as "any need that the school needs to take special measures to meet". Well, that is not much of a definition but it is the only definition there is. I think it is that vagueness actually which has led to what I have referred before, which is the very bad habit of talking of SEN children as a class, a category, of children, all of whom would be expected to flourish in the same sort of environment.

Q21 Helen Jones: That is really the problem, is it not, in dealing with this? If we are to come up with a definition that is worthwhile, that we can work to, bearing in mind we are dealing with young people with a whole range of different needs, is it your view we should be narrowing that definition down, or is it your view that we should be expanding it and looking at all children as individuals? Just thinking of my own experience, I have seen children with special needs flourishing in mainstream schools but I have seen in my constituency very good special schools.

Baroness Warnock: Absolutely.

Q22 Helen Jones: Should we be focusing in this Committee on how we meet the needs of the individual child rather than talking about institutions? If so, how can we in your view produce a system which does that, bearing in mind the whole complex range of issues we are trying to deal with here?

Baroness Warnock: I think what is suggested would be very good, namely it would bring to an end this careless way of treating SEN as a unified category of children. I think very much what you said would appeal to the Scots because that is exactly what they have been trying to do and they have now given up, as I say, the expression "SEN" and what they now have is "assisted learning support, ALS" and they bring in under the concept of ALS any child who, for whatever reason - social, whatever - is not doing very well at school. So it is I think a practical negative definition. You look at all the children in your class and say, "He is not doing very well, could we do anything for him? He is not getting on very well." In a way, it is not very different from the futile circular definition in the 1981 Act but it is very consciously doing what you suggested, namely seeing an individual child and what they really want to make them flourish. I have to say that was really at the back of our minds on my committee all those years ago, when we were trying to invent ways of talking about these children. We were trying to get away from the medical model and that there was something wrong with them, and we invented this concept of seeing what they needed to make them get further along the same road they were treading with all the other children being educated. So it is not a very different idea from that but we know that did not work and it hardened itself into this concept of SEN and it has tried to improve it.

Q23 Helen Jones: If we went down that road, could you give the Committee your view of whether there is enough expertise in most of our schools to make those identifications? Some children are identified as having a special need very early, even before they go into full-time education, but others are identified later because their needs become apparent later. Is there enough expertise to identify those needs? Is that where the system breaks down? If not, what should we be putting in place to make sure that expertise is there so if a child is not making progress we can identify it?

Baroness Warnock: That is a terribly important point and the first place one ought to look for that is teacher training and also some of the trainers of teachers ought to come from these trail-blazer schools, of which there are 12 and they are very much scattered about the country. The point of the trail-blazer schools, as you know, is that they are special schools but they are staffed by very expert people who are going out to teach in mainstream schools. That is the point of the schools. I think those trail-blazer teachers should be given a very important role in teacher training and that would mean the caucus of expert people would grow eventually.

Q24 Helen Jones: Who in your view should finally make the decision about where a child or young person should be placed? Let us say we have gone down the road of deciding a child has particular needs, but we are always faced with the problem of where those needs are best met and all the participants in the child's life will not always agree on where they are best met. Who in your view should make that decision at the end of the day?

Baroness Warnock: I do not really know I have a view about that, when you think of teachers in mainstream schools and what many of them are up against with children who simply behave extremely badly. Do you have to treat a child as having a special educational need because he is not learning something and preventing others learning? That is a very difficult judgment to make because the teacher will always blame herself - "If I was better at it, this person would settle down and learn. I haven't got the knack." It is terrible. I do not know what the answer is.

Q25 Helen Jones: That is the key though, is it not?

Baroness Warnock: Yes.

Q26 Stephen Williams: Perhaps I could change tack. Earlier you mentioned in one of your responses the medical model of looking at children and we have mentioned children on the autistic spectrum and people with mental and physical disabilities. I understand your initial inquiry in the 1970s did not look at the social background of children?

Baroness Warnock: We were forbidden. There were two things we were forbidden to do and these came direct from Margaret Thatcher so how could we disobey. One of the things we were forbidden to mention was dyslexia because that was thought to be a middle class invention. The other we were forbidden to mention was social disadvantage because we were told this would be offensive. But we did sneak in a reference to social disadvantage because we were very much conscious of, or some of us were, the absolute absurdity of pretending this did not exist. If you remember, in the 1981 Act the other bit of this futile definition of special needs was nothing could count as a special need which either comes from social disability or from not having English as your first language. I think with both those together the Department was trying to protect itself against a charge of discrimination on grounds of race or wealth or whatever.

Q27 Stephen Williams: My constituency, Bristol West, is supposedly the archetypal middle class seat and I have the most intellectual constituents in the country with more PhDs and professional qualifications than anybody else, and that is undoubtedly true, but I also have the city centre of Bristol including St Paul's. As I visit primary schools in different parts of my constituency I am struck by the differences, with primary schools in most of my constituency very well supported by the social environment and some of the top primary schools in the country, and then I visit schools in the city centre and the teachers tell me that children cannot concentrate in school because their mother is out doing unsavoury things at night, their dad, if there is a dad at all, has weapons in the house, the child has very little sleep, there are no books in the house. Do you think there needs to be a new definition of the educational needs of a child, not only because of the medical background but their social environment as well?

Baroness Warnock: Fortunately, the new category of special need, emotional and behavioural difficulties, now includes social as well, so that is a great step forward. There is, among many other good movements privately funded, a movement called the Nurturing Group, and that is spreading all over primary schools and it takes children of the kind you have described, whose vocabulary when they come to school consists of five words most of them expletives, and the Nurturing Groups take these children in groups of six and keep them for as long as a year or two years until they learn, and I think that is a wonderful thing and that is the kind of solution we need because it has to be done quite early. It really is the case of catching them before they are seven, or five say. I think there is hope in the extension of nursery provision too because that is somewhere where you can pick up what is going to turn into an educational need when really first they are nothing but a total failure of communication.

Q28 Stephen Williams: Do you think the statementing process itself needs to be revised to include these children, because often there will not be parental pressure to put the child forward for statementing, whereas in a middle class area there will be pressure to make sure the child is statemented. In the sort of background I am describing there will be no pressure to get their child the extra support needed.

Baroness Warnock: None at all, and the school has a huge responsibility but it has to start as soon as the child starts pre-school, nursery, and go on from there. That is another thing, if I were running a new Royal Commission, I would press for.

Q29 Chairman: We are not all that keen on Royal Commissions in this Committee, Baroness Warnock. We actually said all those things in our inquiry into early years three years ago.

Baroness Warnock: That was very good.

Chairman: That was really only an advertisement for the Committee.

Q30 Jeff Ennis: Baroness Warnock, there are very many critics of the current SEN system in this country - some of whom are on this Committee incidentally - and they say the current system is too cumbersome, litigious, et cetera, and that lack of resources and poor heads on many occasions are put before the needs of the child. Given that scenario, and I am assuming to some extent you may partially or wholly agree with that, and given the fact the Government has already concluded that wholesale change to the present system of statementing would not produce improved outcomes for children with SEN, how do you respond to that, what would seem to be a very placatory response from the Government; very wishy-washy?

Baroness Warnock: With despair really. We know there is a shortage of resources in all kinds of fields of education and if you asked me it was more important to put resources into schools or universities or teachers' salaries, I would be hard put to answer, but I think the solution cannot be just in terms of more resources. I think before huge amounts of money are spent, my view is that there ought to be a structured examination based on evidence of the method of distributing resources rather than the quantity of the resources. I think what we have got wrong is probably the distribution. I think that is in a way a wide ranging answer to your question but I do not think, without a wide over-arching reform of the concepts under which resources are distributed, we shall get much further.

Q31 Jeff Ennis: Following on that from particular point, is there any conflict under the existing system between, say, the LEA who is the purse-holder at the present time and the Department of Health, for example? You have medical clinicians on many occasions, depending what the condition is, making remarks about what the package should be for that particular child in educational terms, but they have one eye on the fact that in many respects finance is the final arbiter and they put in a sort of open-ended statement saying, "We need to continue the review of that particular child's needs" rather than being specific.

Baroness Warnock: There is an amazing coming-together from different angles in some of these things. On the one hand, we have always lived in a time of scarcity of resources, so there is the argument you cannot pick out every individual child, it is just too expensive to do that, and give him the education he needs, which is one argument. Then, on the other hand, that argument is reinforced I think by the ideology of not treating children with disabilities as though they were different from everybody else. Therefore you have an argument for the resources in that on the one hand it is very expensive to give everybody exactly what they need but secondly, which is a terribly ideological one, that everybody must muck in together because we are all the same really. So in a way the two arguments reinforce each other. I think both these types of arguments need to be unpicked to see what we could do between everybody to ensure fewer people fall through the floorboards. It is a negative approach to me really; rescue the children, do not say they will cope because coping is not enough.

Q32 Jeff Ennis: Can I push on a bit further on the point that Helen was making about who should decide the placement of the child, in an integrated school or a special school, and give you an example? With children suffering from Down Syndrome you get a number of parents who swear that their child ought to go to a special school, but on the other hand - and I have met both these categories in my own constituency - other parents say, "My child needs to go into a mainstream school and be integrated." Which parent is right, or wrong, and how key is the parental choice in the placement of the child?

Baroness Warnock: I think maybe both parents are right. It may well be two children and the two different sets of parents are actually both right because their children may be very different from one another. Down Syndrome covers a huge spectrum. What we know is that a lot of Down Syndrome children who are not terribly badly affected do extremely well in a mainstream school and there is no doubt about that at all but there are other Down Syndrome children who actually have as well as Down Syndrome a lot of behavioural problems and it is terribly difficult even in primary school to get them in the school.

Q33 Jeff Ennis: You seem to be indicating to me, Baroness Warnock, that parental choice is very important in this process.

Baroness Warnock: I think it is particularly with these children. Actually, secretly, I do not think much of parental choice in the main body of schooling because my view is that schools are as good as the teachers and children in them, but when parents know the limitations and strengths of their own child then I think parental choice is important. I think what was said ages ago, and nobody probably denies it now, was if a parent wants a child to go into mainstream school and if it can be shown the mainstream school has the resources to spend on that child, then the child has the right to go there. But there is a second proviso which is very important because not all mainstream schools can have all the expertise and equipment. It would be a very expensive way of going about it if they should all have that.

Q34 Mr Wilson: Baroness Warnock, you have described inclusion as a disastrous legacy in your previous report.

Baroness Warnock: I thought this would be flagged up!

Q35 Mr Wilson: You said also that children are physically included but emotionally excluded. I would like to know whether you really believe it is that bad and, if it is, what is your evidence?

Baroness Warnock: To take your last point, one of the things I said in that pamphlet is that one person's hunch is not enough and actually what you need is a body of evidence properly collected to find out about children with specific disabilities and then I was talking about these autistic children. I think we need to find a way of collecting evidence to show how different disabilities affect different children. As far as my personal evidence goes, of course it is anecdotal because I have not carried out enough research, but I do know for example of one child with Asperger's who cannot make sensible social connections either with grown-ups or children unless he is very, very carefully taken through and people are told, "You have to look him in the face, you have to smile, pretend you find it funny". He cannot find anything funny, he takes everything literally, but the trouble is he has a very high IQ, he is very good at maths and therefore the local authority will not give him a statement because he has a high IQ but he is so miserable at school that he cannot be got to go to school, he lies at home saying, "I wish I were dead" and he is on anti-depressant drugs and that is the only way he can be got to school, and even then he has to be taken out of school one day every fortnight to have a rest and then he cries all day. It is a terrible thing and he is a clever little boy. I think that there could be evidence, which I do not have, that would demonstrate that he is not unique, that there are other children who are in a mainstream school and though they are under the same roof as everybody else they are completely isolated and shrivel up with misery. That is my evidence.

Q36 Mr Wilson: So you are saying it is a hunch and anecdotal evidence is all you have at the moment. You are not aware of any research or any university which is going to carry out research?

Baroness Warnock: I am sure the Autistic Society does collect a lot of research and therefore if there is research which is being done it would not be starting from an absolutely blank sheet by any manner of means. There is lots of research on autism. I think the agreed diagnosis of autism comes specifically from this inability to have normal relations with other people, grown-ups or children, without being taught to have them. I think a lot of people learnt about this from that book called ---- something about the dog in the night.

Q37 Mrs Dorries: "The Curious Incident of the Dog in the Night-Time."

Baroness Warnock: That is right.

Q38 Mr Wilson: There is some research which Ofsted are doing, are you aware of that research?

Baroness Warnock: Yes.

Q39 Mr Wilson: They make a number of criticisms about how challenging it is for schools and how often ill-defined needs are pitched to a lot of the children. There is a whole series of things. Would you make any comment on that?

Baroness Warnock: No. Ofsted reports have been, as far as I know, extremely fair because they were very critical of a lot of inclusion and I think they have on the whole, again for children with special needs, told it like they found it. One of the things which makes mainstream schools very hazardous I think for children with disabilities of one kind or another is that - I forget which but I think it was the 1993 Education Act - laid down the regulation that every school should have a special educational needs co-ordinator, or SENCO, and it was supposed at the time this SENCO would be a member of the senior management team in the school and would have considerable input into the general ethos of the school and the way these disabled children were being accepted by teachers and so on. They were at the beginning senior teachers, but I learned only the day before yesterday that there is now a very large number of schools where the SENCO is actually a teaching assistant and not a teacher at all, with no experience and they are no longer a member of the senior management team but someone with peripheral duties to see how many children there are in that school who are getting this, that and the other. That is nothing to do with this policy review but that is a way in which things have got worse now from how they were in the early days of integration.

Q40 Mr Wilson: A couple of very short questions, slightly switching focus. Is inclusion in mainstream schools being pursued at the expense of special schools, in your view? In particular, a number of special schools have been closing down, as you are probably aware.

Baroness Warnock: Yes. I think it was but I think quite a lot of local authorities are reversing their policy. For example, Newham, was tremendously in favour of integration and closed all their special schools except one which was on its last legs and now they are refurbishing it and supporting it again. These other schools which no one knows about, the special non-maintained schools, these are the special schools and they are being encouraged and, as I say, the ones I know are marvellous. They are small and very specialised and I keep coming back to them. I think there may be a trickle of special schools, perhaps under another name, coming back again and, if so, I would be all for it. But there is a contradiction in the presentation of Government policy. I have never heard any minister speak up in favour of these schools but they do exist.

Q41 Mr Wilson: Currently, do you think that spending somewhere between £70 and £90 million on statementing process is good value for money for the taxpayer?

Baroness Warnock: No, is the short answer. It is absolutely awful value for money when I think what that money could do.

Q42 Chairman: Let us get this clear, Baroness Warnock, since your report and implementation have things got steadily worse or have they gone up and down? Are all governments a picture of decline of the provision of special education? Is it a Domesday scernario?

Baroness Warnock: It is not for me to say. I think we were the least boastful about our report. We did make a huge difference and a lot of people said it has made a difference to the way mentally disabled children were thought of it. Suddenly, it became possible to think of them as not a race apart but like everybody else. There was a kind of great feeling of optimism in the late 1970s and the Education Bill of 1981, though it had the absolutely huge defect that it said that no extra money was going to be allowed to be implemented, nevertheless that was a very optimistic act. Then that was just the moment when the educational cuts were beginning to bite and the next thing was called the great Educational Reform Bill 1988, Baker's Bill, which instituted all of the competition, league tables, the National Curriculum, all of those things we take for granted which really, before the 1981 Act, were not possible. Those who were going to be in education in school were not going to help the league tables or help the school get more points on the other schools, and so, quite suddenly, things got far worse from 1988 onwards, that is when I can remember things were very bad.

Chairman: We have got time for just another two or three questions. Tim has been very patient.

Q43 Tim Farron: I have a question about the Government White Paper released last week. I am sure you have had plenty of time to go through the entries but this is a fairly general question. I wonder how you think the White Paper will contribute to the fair treatment of those children with special educational needs who are in the mainstream school system given that the paper proposes to remove admissions control from LEAs to independent schools in certain circumstances. Typically what do you say about SEM being a social disadvantage?

Baroness Warnock: I think it is very difficult. There was not one tiny paragraph, unless I missed it, which mentioned children with special needs in the recent White Paper. I think you have picked on the very bit of the White Paper which really alarms me because by far the largest numbers of children now with difficulties or special education needs are children with behaviour or social problems. They cannot learn, they obviously have learning problems as well because they cannot learn due to the way they react to school. They are not used to being maladjusted, they are not adapted to be taught, nor schools to them. With those children I guess that even more of them will end up in referral units, even more than they do now, and the numbers in the referral units are going up all the time. I do not think the schools have got it right when they include those kinds of children, understandably, because they would be a lot better in a special school, at least for part of their education.

Q44 Tim Farron: You have set me up quite nicely for my second question. It is just to read out something from the White Paper which states the Government does not believe that a major review of policy on SEM would be appropriate at present and what is needed now is change on the ground. Do you think they are right?

Baroness Warnock: No, I do not; I think what is needed is change up here really.

Q45 Mr Chaytor: In your original report you predicted about two per cent of children would be eligible for statementing and the figure turned out to be 20 per cent. My recollection of your original report was that you also suggested about 25 per cent of children would be deemed to have special needs at some stage in their school career. Do you think you underestimated that figure as well?

Baroness Warnock: I do not know the answer to that question at all. Of course, the figures that we so confidently quote in our 9-13s Report were presented to us by the Department. We had no reason to doubt nor did we have any way to set up any other research to see whether they were true or not. That has become a bit of my soul, whether it bears any relation, I have no idea. This has just been the sort of figure that everybody has accepted. It comes into the 1989 Act, it comes into all the acts. I do not know the answer at all whether the numbers have risen or fallen.

Q46 Mr Chaytor: The paper you published the other week argues for a much wider definition of special needs, does it not? Can I ask you specifically about this question of social disadvantage we touched on earlier, because you refer specifically to children in care, looked after children, and I just want to ask you about the practical consequences of your belief that small schools must play a major role in dealing with children suffering from social disadvantage and your emphasis on looked after children as a disadvantaged group. Are you really saying that looked after children should be educated separately in small schools?

Baroness Warnock: I find that very difficult. It seems immediately one's response is most certainly looked after children must be segregated from other children. They all need a proper, descent social life, but I do think that each one of those looked after children is different from each of the other ones and what we have got are these terrible figures of how badly they performed academically. It may well be that a lot of them, for the short-term perhaps, would be taught in small classes with people they could emotionally attach themselves to. I think this must be one of the difficulties for them going out, let us say, from local authority homes or even foster parents, where they do not get on terribly well, into a huge school. They really do need something small to attach themselves to like a teacher or a couple of teachers, someone who knows them and wants to help. Everybody, even the most advantaged people educationally, I certainly know, who have often been persuaded by someone to think they are better off at university, thinks "Nobody here cares whether I live or die, I could die and nobody would know for months", and those are the people who must feel a desperate need for someone who does care for them, which is a function I think again of a small school. Maybe they ought to be one of these people, who even for part of that, go to one of these brilliant small schools that will teach them drama or whatever it is and really be appreciated.

Q47 Chairman: Baroness Warnock, I think that is a very good note to finish this first session on. You have given us a wonderful start into our inquiry. We are most grateful for not only your direct answers to all the questions but also the wisdom that you have sparkled right throughout so thank you. Can you, please, remain in conversation with the Committee and if you go away and think "Why didn't those terrible people in the lower House ask me this?", come back and say "Why didn't you". I would like to put your mind at rest, this is going to be a very thorough inquiry. I am absolutely determined to make it up to the Warnock standard.

Baroness Warnock: Thank you very much.