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A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

ADCS sets out future vision for education system with “greater focus” on tackling exclusions and improving attendance

The Association of Directors of Children’s Services (ADCS) has published a policy paper setting out a future vision for the education system and has called for the Schools White Paper to be “revisited and implemented”.

The ADCS said there should be a greater focus on tackling and minimising exclusions, improving attendance and engaging children with education in a way that brings “a sense of belonging” in schools.

The policy paper describes the education system in England as “increasingly fragmented”, adding that schools now operate in a more autonomous environment which has “discouraged inclusive practices”.

Further, recent reforms have marginalised learners who are not well suited to the current “high stakes system that prizes academic attainment and inspection outcomes above all else”, the report warned.

Putting forward a series of recommendations to bring about improvements, the ADCS highlighted the need for a long-term strategy “which recognises the importance of place, the role of each organisation, prioritises inclusivity, equality of access and the best interests of all learners”.

Key recommendations in the report included:

  • A greater national focus on, and investment in, the early years and further education (FE) sectors to harness their ability to improve social mobility and close the attainment and skills gap.
  • The Department for Education (DfE) Regions Groups should adopt a priority focus on tackling and minimising exclusions, in partnership with local authorities, to find local resolutions.
  • The DfE should seek to remove all barriers that prevent schools from creating an inclusive environment for children and young people.
  • The DfE should reinstate local authority powers to co-ordinate in-year admissions in respect of all local schools.
  • Local authorities should be given both the permission and resources to open and run their own special schools to ensure local need is met.
  • The government should create a long-term plan for post pandemic education recovery with adequate funding to reflect its ambition.

On attendance, the ADCS noted that it “continues” to call on the Government to establish a national register of children not in school.

Further, the ADCS called for the recommendations of government reviews such as the Timpson review and the Schools White Paper to be “revisited and implemented”.

ADCS said it agreed with the recommendation set out in the Timpson review for schools to be responsible for the education of pupils after they have been permanently excluded, including the commissioning of alternative provision and retaining accountability for their educational outcomes, including those who become electively home educated.

John Pearce, ADCS President, said: “Children and young people are facing multiple pressures including rising poverty, a cost of living crisis and a mental health crisis with long waiting lists for help. They have also sacrificed months of their learning during the pandemic yet the government’s plan and funding for the education system and education recovery remains insufficient. Is it any surprise we are seeing more children who are less engaged with education highlighted by a rising number of school exclusions, persistent absenteeism and a year on year increase in the number of children being educated at home.

“The Schools White Paper outlined a vehicle to create a schools system that would better meet the needs of learners, but the future of its proposals remains unclear. There is currently no national strategy for the education system or for childhood. This paper makes recommendations which will benefit children and young people and help ensure everyone who is involved in the education system is working towards improving children’s outcomes and their life chances above all else. We must make sure that no child is left behind, we are ready to work with government and all actors in the system to achieve this.”

He added: “We urgently need government to set out its national vision for the schools system and how it plans to support all learners, whatever their needs, to achieve their full potential. This must be backed by sufficient long-term funding from government and there must be a strong role for the local authority at its heart, as leader of place. If we continue as we are, with an incoherent and fragmented schools system, a high stakes accountability system, a narrow academic curriculum and insufficient funding across the schools, early years and FE sectors we do children a grave disservice, damaging their life chances and this country’s future economy.”

Lottie Winson