The recent Senedd report “Do Disabled Children and Young People have equal access to education and childcare?” has highlighted that many children with disabilities or additional learning needs (ALN) in Wales are being denied the right to an education.
Following a year-long inquiry, the cross-party Children, Young People and Education Committee is calling on the Senedd to respond to its 32 recommendations.
The inquiry covered physical and sensory disabilities, additional learning needs (ALN) and neurodiversity for ages 0-16 years. It covered children from pre-school childcare through to compulsory school settings.
Following the Committee’s visits to nurseries and schools, meetings with organisations from across Wales, and receiving oral and written views and experiences from children, young people and their families, the report outlines five key conclusions regarding the current education and childcare landscape for disables children and young people in Wales:
- “A significant number of children and young people’s rights to an education…are currently being breached in Wales. These children and young people are being fundamentally let down.
- Denying children and young people their rights to an education can have significant impacts on their emotional and mental wellbeing, as well as their physical health…These impacts are often lifelong and far-reaching.
- The impact of denying children and young people their rights to an education can have an immeasurable impact on their family, particularly on parents, carers and siblings…Families are often on their knees having to fight for basic rights, which the families of non-disabled and / or neurotypical children and young people rightly take for granted…
- While there is some inclusive provision which meets the needs of children, young people and their families, this provision is patchy and inconsistent across Wales. There are additional challenges faced by those accessing Welsh medium provision. There is clearly a postcode lottery for all provision…Childcare and education providers are not best supported to deliver inclusive childcare and education. Good provision is often because of the determination of individuals, rather than a structural approach which supports inclusive provision which meet the needs of all children, young people and their families in their area…
- The barriers to delivery of inclusive childcare and education provision are complex and interlinked. Some of them are very broad and relate to societal approaches to disability and difference while others are quite practical.”
In summary, the Committee determined there to be unequal access to childcare for disabled and neurodiverse children when compared to non-disabled and neurotypical children. Furthermore, the access to school was inconsistent across Wales, with reported examples of very good practice and support for children and young people often coming down to the individual staff or families.
This is in the context of the introduction of the ALN system, which replaced the special educational needs system in Wales. According to the Education Wales website, the ALN reforms “… are designed to meet the needs of all learners.” The ALN system was designed to ensure that children and young people with ALN received the support that they require.
It is also worth reflecting that the Education Tribunal for Wales’ most recent annual report indicates that only 9% of appeals were upheld in full – compare that to England where the appeal success rate is around 10x that figure.
As noted within the Committee’s report, accessing information relating to available resources for children and young people with disabilities and ALN can be incredibly difficult. With no consistent or centralised way of sharing information, it can be difficult for families to know what support is available to them. Furthermore, the effects of this unequal access to childcare and education has far reaching impacts; not only a huge impact on the child or young person’s physical, mental, and educational wellbeing, but also the huge impacts on their families and carers.
The Senedd has not yet released when the Report and the Committee’s recommendations will be considered as an Agenda item.
HCB Solicitors have supported children with ALN and special educational needs and disabilities and their families in Wales to minimise the effects of those concerns relating to access to education, as raised within the Committee’s report. Our experienced Lawyers will be able to assist with supporting families to secure an IDP for children and young persons with additional learning needs and disabilities. Alternatively if an IDP is currently in place HCB can support and advise families to ensure that the child or young person is receiving the provision to which they are entitled.
In many cases, HCB has been successful in securing specialist provision such as small class sizes, social skills groups and therapeutic programmes within a child’s IDP, all of which can minimise the effects of unequal access to education on the child, young person, their family, and wider support network.
If you would like to talk to one of our specialist SEND Lawyers in relation to your specific circumstances, we offer a free initial consultation to discuss the best way to challenge the decision and how we might be able to assist you with this. Please therefore feel free to contact us on 0333 202 7175 or email education@hcbgroup.com
