M01 & National Award for SEN Coordination

Master Assignment 1 - A critical analysis of the impact of current legislation, research and professional
guidance influencing the delivery of inclusive education for learners with SEND in your setting (1500
words).
Tonya Russell
Trussell1

Master Assignment 1 - A critical analysis of the national context of inclusion in education

United Nations Children’s Fund (UNICEF) states that “Inclusive education means all children in the same

classrooms, in the same schools. It means real learning opportunities for groups who have traditionally

been excluded….” (UNICEF, 2022, para.5). According to the Department for Education and skills (DfES,

2004, pg.25) "inclusion is about much more than the type of school that children attend: it is about the

quality of their experience; how they are helped to learn, achieve, and participate fully in the life of the

school." Throughout this assignment I will be analysing these definitions for inclusion and how they related

to pupils with SEND in schools.

The Education (Schools) Act (1992) saw the creation of a new system for the inspection of schools in

England and Wales and the creation of Office for Standards in Education (Ofsted). The Education Inspection

Framework (EIF) (Ofsted, 2019) used by Ofsted continues to evolve. At present, special educational needs

and disability (SEND) provision provided by schools is inspected throughout the 4 areas used to grade

schools. This is important as it allows schools to recognise that SEND provision should not be considered as

a standalone element but as a golden thread that is sewn throughout an inclusive school. Ofsted inspectors

also use the EIF to establish how schools comply with the Equality Act (2010). The Equality Act (2010)

makes it unlawful for schools to discriminate against pupils with disabilities and other protected

characteristics. However, Ofsted has been criticised for their favourable Ofsted ratings for schools with low

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M01 & National Award for SEN Coordination
Master Assignment 1 - A critical analysis of the impact of current legislation, research and professional
guidance influencing the delivery of inclusive education for learners with SEND in your setting (1500
words).
Tonya Russell
Trussell1

levels of disadvantaged pupils (Hutchinson, 2016) and therefore SEND pupils, considering over a quarter of

SEND pupils are disadvantaged (Shaw et al., 2016).

The Warnock report (Warnock, 1978) was the first review into SEND in schools. Amongst other things, it

recommended a designated specialist teacher who would oversee the arrangements made for students

with SEND. This designated teacher is now known as the Special Educational Needs Coordinator (SENCO).

This report helped to form the Education Act (1981), which was the first Act to use the term special

educational needs and the beginning of more inclusive legislation. The Warnock Report also recommended

that whilst training to teach, teachers should be educated on identifying special educational needs. This is

reflected in current teacher training programmes and the Teacher Standards (DfE 2021b). Legislation

relating to inclusion is the Children and Families Act (CAFA) (2014). The act replaces SEND statements and

learning difficulties assessments with education, health and care plans (EHCP). It gives statutory protection

for children and young people from age 0 -25 years of age. The act is set out and clarified in the Statutory

Special Educational Needs and Disability Code of Practice (SCoP), which outlines the legal framework for

SEND in schools and local authorities. This sets the context for inclusion as it ensures that children, young

people and their families have a greater say in decisions that impacts them.

The breath and complexity of the causes of underachievement

High incidence SEND and mental health needs can affect a pupil’s development and learning in a number

of ways. Statistics publish by the Department of Education (DfE) show that the highest proportion of EHCP

need is for autism spectrum disorder (ASD) and speech, language and communication. EHCP statistics show

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M01 & National Award for SEN Coordination
Master Assignment 1 - A critical analysis of the impact of current legislation, research and professional
guidance influencing the delivery of inclusive education for learners with SEND in your setting (1500
words).
Tonya Russell
Trussell1

75% of pupils with EHCPs are boys and the most common need is ASD (DfE 2021a), this is reflected in my

own setting. This could be in part due to the fact that my setting has a specialist resource provision (SRP)

which is for ASD. My school is a mainstream secondary school with 144 pupils on the SEND register and 52

pupils with EHCPs. 80% of pupils in my setting with EHCPs are boys with ASD. Pupils with ASD can be

affected by different sensory needs such as noise and becoming overwhelmed in large classrooms. The ASC

centre in my setting provides a sensory room for most pupils with ASD where they can go and regulate

when they are experiencing sensory overload. This does however, sometimes mean that although pupils

with ASD sensory needs are considered, they do end up missing key parts of the lesson and sometimes

have gaps in their learning. There are also a few pupils in my setting who, due to their sensory needs are

unable to attend school despite provisions being put in place to support them. This is reflected in the DFE

statistics which shows that 41.5% (DfE, 2022b) of pupils who are persistently absent have EHCPs. This is

greater in the local authority of Swindon where my setting is based. In Swindon 54% of pupils who are

persistently absent from school have an EHCP (DfE, 2022b). This means they are missing quality first

teaching by not being in the classroom and have extensive gaps in their knowledge. This is then reflected in

their attainment and final GCSE grades. This also has a massive impact on their social skills and peer

interactions, as research shows that pupils learn best from other pupils whether that is academic

knowledge and understanding or social skills (Ansalone and Biafora, 2004). This does sometimes mean that

UNICEFs definition of inclusion cannot always be achieved for pupils who find a class of 30 or a school of

over 1000 pupils overwhelming.

In regards to mental health, Keeping Children Safe in Education (KCSIE) document has a section on

safeguarding vulnerable pupils and pupils with SEND (DfE, 2022a). Pupils with SEND can experience more

3
M01 & National Award for SEN Coordination
Master Assignment 1 - A critical analysis of the impact of current legislation, research and professional
guidance influencing the delivery of inclusive education for learners with SEND in your setting (1500
words).
Tonya Russell
Trussell1

incidents of bullying and unkind treatment because of their disability (DfE, 2022a). This can be because

they may be unable to report incidents that can escalate. They can be isolated because of their disability or

may not show signs they are being mistreated, so detection is difficult (DfE, 2022a). When incidents

escalate pupils can become withdrawn, traumatised and unable to learn. Bomber (Bomber, 2007, pg.3)

explains that “trauma and loss adversely affect brain development. This damage profoundly affects a

child’s emotional and social development, which can seriously impede their ability to learn and make sense

of the intentions and interactions of others”. Bomber goes on to say that this often increases their risk of

fix-term exclusions because of undesirable behaviour. This is reflected in the provision in my setting

because the safeguarding team and inclusion work very closely to ensure vulnerable pupils and pupils with

SEND have the right provision. For example, pupils with mental health concerns are given opportunities in

class and out of class to regulate their emotions when they become heightened. This reduces the risk of

incidents escalating and becoming fix-term exclusions. Often there is an overlap between SEND, mental

health and poverty (Shaw et al., 2016). In my setting we consider intersectionality to create a personalised

student profile for pupils with SEND in conjunction with parents or carers. This is good practice, as outlined

in the SCoP (DfE, 2015) as it ensures teachers know pupils needs well and strategies that can be used to

support them.

The impact of current national policies, your school policy and applied practice in my school setting

The SCoP (DfE, 2015) which sets out and clarifies the CAFA (DfES, 2014), ensures that children and their

care givers have more say in the decisions made for SEND pupils. The CAFA also focuses on having high

aspirations for pupils with SEND and providing them with the best possible educational outcomes rather
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M01 & National Award for SEN Coordination
Master Assignment 1 - A critical analysis of the impact of current legislation, research and professional
guidance influencing the delivery of inclusive education for learners with SEND in your setting (1500
words).
Tonya Russell
Trussell1

than educational outcomes that are just adequate. In line with the SCoP (DfE, 2015), in my setting we

communicate with parents and SEND pupils to review SEN plans and student profile at least 3 times a year.

When we complete annual reviews for EHCPs both the pupils voice and parent views are captured, as

outlined in the SCoP (DfE, 2015).

In line with the Equality Act (2010) reasonable adjustments are made for pupils with SEND in relation to

our school policy in an anticipatory capacity and when reviewing SEND pupils’ progress. This is reflected in

my setting where reasonable adjustments are made for pupils with hyperactivity and poor concentration

as a SEND need, by allowing them shorter time in internal exclusion. This also supports what OFSTED is

looking for when they rate schools, as SEND is a golden thread that relates to every aspect of the schools

set up and culture. SEND doesn’t just relate to teaching and learning, but also relates to behaviour and

attitudes.

Conclusion

In conclusion, inclusion goes further than “all children in the same classrooms, in the same schools..”

(UNICEF, 2022, para.5). Whilst no child should be excluded from the classroom for having special needs,

some classrooms are not suitable for all pupils. Some pupils with sensory needs can find a classroom of 30

pupils overwhelming and difficult to concentrate in. When this is the case, it is for the local authority to

ensure that all pupils within the borough have access to the right setting. However, too often, my

experience has been that funding within mainstream schools and the way that they are organised, does

not allow for smaller class sizes. This view is supported by the National Association of Head Teachers

(National Association of Head Teachers, 2018). My experience of working in Swindon is also that specialist

provision is difficult for pupils to get into with limited spaces and not enough provision within the town.

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M01 & National Award for SEN Coordination
Master Assignment 1 - A critical analysis of the impact of current legislation, research and professional
guidance influencing the delivery of inclusive education for learners with SEND in your setting (1500
words).
Tonya Russell
Trussell1

Although Kalambouka et al (Kalambouka et al., 2007) may argue that having SEND pupils in mainstream

schools have little effect on the school’s overall performance, it can be argued that placing some pupil in

mainstream schools with large class sizes can have a negative impact on a SEND pupil’s mental health if

they have sensory needs relating to noise and feeling overwhelmed when around large number of pupils.

Therefore, I believe that "inclusion is about much more than the type of school that children attend: it is

about the quality of their experience” (DfE, 2004, pg.25).

Word count: 1644

References

Ansalone, G., and Biafora, F. (2004) Elementary School Teachers’ Perception and attitudes to the

Educational Structure of Tracking. Psychology and Behavioral Sciences Collection, Vol. 125 No 2, Winter

2004.

Bomber, L. (2007). Inside I’m hurting. Croydon, London: Worth Publishing Ltd, pp 1 – 4.

Children and Families Act (CAFA). (2014). [online]. Available at:

https://www.legislation.gov.uk/ukpga/2014/6/pdfs/ukpga_20140006_en.pdf [Accessed 11 Sept. 2022]

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M01 & National Award for SEN Coordination
Master Assignment 1 - A critical analysis of the impact of current legislation, research and professional
guidance influencing the delivery of inclusive education for learners with SEND in your setting (1500
words).
Tonya Russell
Trussell1

Department for Education. (2015). Special educational needs and disability code of practice: 0 to 25 years.

[online]. Available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/

attachment_data/file/398815/SEND_Code_of_Practice_January_2015.pdf [Accessed 7 Jan. 2023].

Department for Education (2021a) Special educational needs in England. [online] Available at:

https://explore-education-statistics.service.gov.uk/find-statistics/special-educational-needs-in-england

[Accessed on 31 Dec.2022]

Department for Education (2021b) Teachers’ Standards Guidance for school leaders, school staff and

governing bodies. [online] Available at:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/

1040274/Teachers__Standards_Dec_2021.pdf [Accessed on 29 Jan.2023]

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M01 & National Award for SEN Coordination
Master Assignment 1 - A critical analysis of the impact of current legislation, research and professional
guidance influencing the delivery of inclusive education for learners with SEND in your setting (1500
words).
Tonya Russell
Trussell1

area=E06000030&mod-group=AllSingleTierAndCountyLaInCountry_England&mod-

type=namedComparisonGroup [Accessed on 7 Jan.2023]

Department for Education and Skills (2004) Removing Barriers to Achievement, The Government’s Strategy

for SEN, Executive Summary. [online]. Available at:

https://dera.ioe.ac.uk/4955/13/8b56f1b2944d88f593e89ae3009fa5c3_Redacted.pdf [Accessed on 7

Jan.2023]

Education (school) Act 1992. [online]. Available at:

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7 Jan. 2023].

Florian, L. (2010) Special education in an era of inclusion: The end of special education or a new beginning?

The Psychology of Education Review, Vol. 34, No.2, Autumn 2010.

Hutchinson, J. (2016). School Inspection in England: Is there room to improve? London: Education Policy

Institute.

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M01 & National Award for SEN Coordination
Master Assignment 1 - A critical analysis of the impact of current legislation, research and professional
guidance influencing the delivery of inclusive education for learners with SEND in your setting (1500
words).
Tonya Russell
Trussell1

Kalambouka, A., Farrell, P., Dyson, A. & Kaplan, I. (2007). The impact of placing pupils with special

educational needs in mainstream schools on the achievement of their peers. Educational Research 49.

Martin-Denham, S. and Watts, S. (2019). The SENCO handbook. London: Sage Publications Ltd.

NAHT (2018) Empty Promises: The Crisis in Supporting Children with SEND. [online] Available at:

https://www.naht.org.uk/newsand-opinion/news/funding-news/empty-promises-the-crisis-in-supporting-

children-with-send/ [Accessed 30 Sep. 2022]

Office for Standards in Education (Ofsted), (2010). The special educational needs and disability review.

[Online]. Available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/

attachment_data/file/413814/Special_education_needs_and_disability_review.pdf [Accessed 3 Jan.2023]

Office for Standards in Education (Ofsted). (2019). Education inspection framework (EIF). [Online].

Available at: https://www.gov.uk/government/publications/education-inspection-framework [Accessed

11th Sept. 2022]

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M01 & National Award for SEN Coordination
Master Assignment 1 - A critical analysis of the impact of current legislation, research and professional
guidance influencing the delivery of inclusive education for learners with SEND in your setting (1500
words).
Tonya Russell
Trussell1

Shaw, B. Bernardes, E. Trethewey, A. and Menzies, L (2016) Special educational needs and their links to

poverty. [online] Joseph Rowntree Foundation. Available at: https://www.jrf.org.uk/report/special-

educational-needs-and-their-links-poverty [Accessed 31 Dec. 2022]

Unicef, (n.d) Inclusive Education, Accessed at https://www.unicef.org/education/inclusive-education

[Accessed on 31 Aug.22].

Warnock, M. (1978) Special Educational Needs: Report of the Committee of Enquiry into the Education of
Handicapped Children and Young People. [online] Accessed at:
http://www.educationengland.org.uk/documents/warnock/warnock1978.html on [Accessed on 31 Aug.22]

Webster, R. (2019) Including Children and Young People with Special Educational Needs and Disabilities in

Learning and Life : How Far Have We Come Since the Warnock Enquiry – and Where Do We Go Next?

Abingdon, Oxon : Routledge

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