Disability Equality an BSF

Richard Rieser Disability Equalitywww.worldofincusuion.com

Who are disabled people?• Disability Discrimination Act Definition of

disability • 1. “A person has a disability if he has a

physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.” - Part 1, Para. 1.1.

• For the purposes of definition, ignore the effects of medical or other treatments or aids and appliances.

Primary

Sec. Special

Total

SpLD 32,760 44,800 950 78,500

MLD 84,080 67,940 19,630

171,650

SLD 5,040 2,700 21,110

28,850

PMLD 1,390 330 7,680 9,400

BESD 58,930 82,270 13,240

154,440

Sp.LCom.

80,420 19,810 4,120 104,350

VI/HI/MS 11.400 10.080 2,550 24,020

PD 12,680 9,010 4,150 25,840

ASD 19,940 15,940 15,280

51,160

other 12,560 16,380 580 29,510

Total 319.2k

269k 89.3k 677.7K

PLASC Data England 2009 by type of school & impairment School Action

418,840. SEN21% of all secondary pupilsSA 481,840 primary pupils 19.6% SEN

+Those with Medical Needs- e.g. Diabetes,Asthma, Allergy

+Those with Mental Health Issues e.g.DepressionEating DisordersSelf- Harmers

Section M of the Building Regulations• Department for Communities and Local Government (DCLG)

publishes approved building regulations.• These have to be complied with or an alternative found that

has the same result. They provide a minimum standard.• Section M covers Access• They apply to all new building and most refurbishments• The latest regulations date from April 2006 thought this was

just a change for environmental standards. The 2004 document is the latest for access.(This replaced 1999 version)

• There is a useful Planning Portal which contains all relevant documents

• http://www.planningportal.gov.uk/england/professionals/buildingregs/technicalguidance/bcaccesstopartm/bcapproveddocuments10

The School Access Planning Duty • This came into force September 2002 under the SEN and

Disability Act (2001) Amended Part 4 of DDA 1995.• LEAs and schools are required to prepare accessibility

strategies and accessibility plans respectively for increasing over time the accessibility of schools for disabled pupils (the planning duty). This need not be a standalone plan. If they wish, LEAs and schools may dovetail their plans with existing planning processes

• Local Authorities must have an access plan. In “In preparing their accessibility strategies, LEAs must consult:

• - all schools in respect of which the LEA must produce its accessibility strategy; and

• - trustees of schools (e.g. local dioceses and faith organisations).”

• All LEAs have a legal duty to prepare accessibility strategies for the schools for which they are responsible under the Act.

Access Planning Duty 2• Maintained schools, independent schools, and non-maintained special schools

must produce their own accessibility plans. The Act places the duty to do so on the responsible body for the school and this will be the governing body in the case of maintained schools, and the proprietor in the case of independent and non-maintained special schools.

• School plans should be made available to parents and should include:• An accessibility strategy or plan is a strategy or plan for: • (a) increasing the extent to which disabled pupils can participate in the school

curriculum; • (b) improving the physical environment of schools to increase the extent to

which disabled pupils can take advantage of education and associated services; and

• (c) improving the delivery to disabled pupils of written information which is provided to pupils who are not disabled. This should be done within a reasonable period of time and in formats which take account of views expressed by the pupils or parents about their preferred means of communication.

• www.teachernet.gov.uk/_doc/2220/Access_Guide_.doc

Access Planning Physical Environment • The physical environment includes steps, stairways, kerbs, exterior

surfaces and paving, parking areas, building entrances and exits (including emergency escape routes), internal and external doors, gates, toilets and washing facilities, lighting, heating, ventilation, lifts, signs, interior surfaces, floor coverings, room décor and furniture. Improvements to physical access might include - ramps, handrails, lifts, widened doorways, electromagnetic doors, adapted toilets and washing facilities, adjustable lighting, blinds, induction loops, well designed room acoustics and way-finding systems.

• Physical aids to access education might include ICT equipment, enlarged computer screens and keyboards, concept key boards, switches, photocopying enlargement facilities, specialist desks and chairs and portable aids for children with motor coordination and poor hand/eye skills such as extra robust scientific glassware and specialist pens and pencils. These lists are not exhaustive.

• Local Authority in all new buildings and refurbishments. Allocation of Access Initiative funding and guidance on use delegated capital budgets

Access Planning the Curriculum• Schools can use a variety of approaches when planning and delivering the

curriculum to draw on the different strengths and aptitudes of pupils. That might include using flexible grouping arrangements including ones where pupils with disabilities can work with their peers, and encouraging peer support by, for example, setting up buddying or mentoring arrangements.

• Utilising The National Curriculum 2000 which incorporates a statement on Inclusion: providing effective learning opportunities for all children to which all maintained schools must have regard

• Utilising Target Setting• Training and deployment of Teaching assistants• Schools might also consider staff training needs.• Local Authority providing relevant advice and training and support

through SIPs and developing Self Evaluation Framework

Information in Printed English• Schools. This part of the duty covers planning to make written information

normally provided by the school to its pupils available to disabled pupils. The information should take account of pupils’ disabilities, pupils’ and parents’ preferred formats and be made available within a reasonable time frame. The information might include handouts, timetables, and information about school events. The school might consider providing the information in alternative formats (such as large print and audio tape) using ICT, or providing the information orally.

• Where LAs have centrally provided support services, they should make sure that all their schools have information about the full range of services and what they can provide, including systems for converting information into alternative formats. LAs might encourage their schools to share good practice on providing information in different formats. Special schools in particular might be able to share valuable information and expertise on this subject. LA strategies should detail their plans for developing and improving support for the provision of information in different formats.

Access Plans and Strategies

• The regulations came into force in September 2002

• Local Authority Strategies and School Plans needed to be place

• April 2003-March2006• April 2006- March 2009• April 2009-March 2012

The school’s plan meets the statutory requirements when

It is in writing • it makes clear how the plan will be:• - adequately resourced;• - implemented;• - reviewed;• - revised as necessary;• it adheres to the requirement on time: it has a 3-year life

in the first instance;• information about the accessibility plan is in the

governors’ annual report to parents.

The Access Planning ProjectThis provided tools and information to help schools and Local Authorities with the

Planning Duty it is available .http://publications.teachernet.gov.uk/default.aspx?

PageFunction=productdetails&PageMode=publications&ProductId=DfES+0160+2006

1A: The purpose and direction of the school’s plan: vision and values1B Information from pupil data and school audit1C: Views of those consulted during the development of the plan 2A: Increasing the extent to which disabled pupils can participate in the school

curriculum2B: Improving the physical environment of the school to increase the extent to which

disabled pupils can take advantage of education and associated services2C: Improving the delivery to disabled pupils ... of information which is provided in

writing for pupils who are not disabled3A: How Template School’s accessibility plan fits in with other responsibilities:

coordination3B: Getting hold of Template School’s plan3C: How Template School will review and revise its plan: duration, review and revision3D: How Template School will know how effective its plan has been: evaluation

Duty to Promote Disability Equality

Eliminate unlawful discrimination

Promote equality of opportunity

Eliminate disability related harassment

Promote positive attitudes towards disabled persons

Encourage participation by disabled persons in public life

From December 2006, when carrying out their functions public authorities must have due regard to the need to:

The use of positive discrimination if necessary

Impacts of Duty to Promote on School Buildings

• Promoting Equality of Opportunity for disabled people :-

• Ensure this principle and the other elements of the duty are impact assessed in all policies and plans

• In procurement ensure that promote disability equality in products, buildings and services procured

• This means going for good practice not just complying section M building regulations.

• Advisors and SIPS checking both school compliance and development of good practice.

Access and Inclusion BB98• Access and inclusion must be allowed for in the design. This means

disabled pupils should be able to access the whole school.• Appropriate space for pupil support• Easily understood layout and good use of colour and signage• Good quality acoustics and lighting• Access for information, curriculum and environment• Fire evacuation for all• Furniture and fittings i.e. rise and fall sinks and work tops, door opening• Accessible toilet, shower hygiene facilities and hoist• Rasmped access throughout• Accessible parking• Corridor width• Meeting room parents, therapy rooms, sensory room• Additional storage for equipment

Square Meters Recommended BB 98Basic Teaching 30 in class 56 sq. meters.ITC 20 in group 60 sq. metersScience Lab group 30 in group 90 sq. metersD&T Food Room 20 in group 101 sq. metersResistant Materials 20 in group 112 sq metersGraphics group 20 77 sq. MetersArt textiles etc 30 in group 105 sq. metersArt General 30 in group 90 square metersDrama studio/music recital 30 in group 90 sq. MetresThe document lays down standards to have smaller brooms in every department for small groups.The document suggests schools in planning should also a float of 10-15% for unplanned needs or local variation. Halls, dinning areas and changing rooms all to accommodate wheelchair users

In working out total area planned number of pupils by age. Net-area is not circulation, toilets and p.care, kitchen, plantAnd is 140-150% of net

Building Schools for the Future • Rebuilding Secondary Schools in 15 Waves• Utilising Public Private Partnerships• Do have to comply with Section M but not DCSF guidance.• The school regulations set no mandatory square meter

standards for classrooms and specialist rooms though there is non-statutory guidance provided on these in Building Bulletin 98,99 and 102.

• These provide sound advice for disabled pupils andrthese need to be taken as the standard for promoting disability equality in BSF

BASICS OF BSF• 80% Secondary school buildings out of date• Local authorities are brought together with a private sector partner and

will make use of their expertise to design and construct (and in some cases also maintain and operate) the facilities.

• Partnership for Schools has been set up to help local authorities to select a private partner to form a local education partnership (LEP).

• An LEP is a public private partnership between the local authority, Partnership for Schools and the selected private sector partner. The private partner must be selected in open competition, under EU procurement rules

• The BSF programme is funded entirely out of the public purse, half from conventional DCSF funding and half from private finance initiatives (PFI) credits. PFI was launched in 1992 and presented itself as a useful accounting device to limit borrowing, with PFI contracts being treated as ‘off balance sheets’ - any money invested through PFI did not show up on the national debt. PFI has had mixed success, with some schools finding that the infrastructure they have obtained via PFI is inadequate.

Basics BSF 2• Under PFI, a private sector consortium (usually including a building firm, a

bank and a facilities management company) establishes an independent legal company called a special purpose vehicle (SPV), which enables the organisations involved to work together under one umbrella. The SPV bids for a single contract which will be awarded by the LA or school seeking to implement a building project. The SPV then proceeds to design and build the project in line with the clients’ specified outputs.

• The building asset that results from the project is not publically owned. Instead, the LEA, governing body or trustees, depending on the type of school, will normally hold the freehold of the relevant site. The private sector partner then provides, pays for and operates the new-build school over the period of the contract, usually between 25 and 30 years, during which time the school/LA effectively leases the building back.

• The Report of the Audit Commission into BSF, published 12 February 2009, has stated that the Department for Children, Schools and Families and Partnership for Schools were overly optimistic in their assumptions of how quickly the first schools could be delivered, leading to unrealistic expectations. The report also noted that there is an increase in the total estimated costs and that delivering the project to all 3,500 schools will be challenging.

How is BSF delivered?An eight-stage process has been set out to ensure that the BSF aims are met:Stage 0 – Preparing for BSF> The LA should begin preparing the project as soon as it hears it has

been invited to join a BSF wave. The Public Private Partnership Programme can provide LAs with support

Stage 1 – Project initiation>Defining the BSF project – forms the basis for managing and assessing success of the project

Stage 2 – Strategic planning>Robust analysis of need, cost, risks and expected outcomesStage 3 – Business case development>Creating an outline business case to set out in detail the

scope, cost, affordability, risks, procurement role and timetable of a projectStage 4 – Procurement planning>Preparation of the documentation needed to publish a notice

in the official journal of the EU - a requirement for all European contract tenders above a certain value

Stage 5 – Procurement>The LA will evaluate potential tenders and produce a long list of bidders, then produces a shortlist – usually of three bidders. Final tenders are submitted and a preferred bidder identified

Stage 6 – Financial close>contractual commitment to the formation of the LEPStage 7 – Construction>Ensure that costs and timescales are controlled and disruption kept to a

minimum. The LEP will procure the delivery of approved projects through a supply chain, periodically market tested to demonstrate value for money

Stage 8 – Operation>Work does not stop once the schools have been built and are in use. The outcomes are assessed against the planned objectives and information is fed back into the programme for future projects.

Issues identified in existing BSF/PFI schools• Schools not anticipating need for reasonable adjustment• Schools are not seeing the BSF as a necessary part of their duty to

promote disability equality• LEP, LA and Consortia are not allowing sufficient budget to ensure access

is included.• Room sizes overall inadequate• Circulation space not sufficient• Acoustic and lighting not sufficient• Fire evacuation not built into plans• Lack of storage space for impairment related equipment• Floors coverings not-non slip• Not sufficient or any rise and fall benches, work tops, sinks and tools• Lack of involvement and engagement of disabled people and their

organisations• Lack of effective Equality Impact Assessment• Lack of understanding senior and commissioning officers

Solutions to make BSF work for disabled people• Get rid of it, but this seems politically unlikely• Make it work by:• Full equality briefing to staff and governors of equality issues and

get them to determine access bottom line• Equality training for senior and commissioning officers, integrate in

access strategy• Equality Impact assess all LEP plans and consortium bids• Make links with local disabled people’s and parents organisations

and engaging them in the design brief process and scrutiny of bids.• Ensuring pupils and parents at school and feeder primaries are

trained in equality and make a positive contribution to the design goals.

• Build penalty clauses into contractors contracts for failure to meet access standards laid down e.g. Type of lift.

• Strong monitoring of the process

Good Guidance Sources• Designing for disabled children and children with special

educational needs :Guidance for mainstream and special schools Bulletin102

• http://www.partnershipsforschools.org.uk/documents/Design/BB102.pdf

• Briefing Framework for Secondary School Projects Revision of BB82: Area Guidelines for Schools (Secondary section) Bulletin 98 2004

• http://www.partnershipsforschools.org.uk/documents/Design/BB98.pdf

• Briefing Framework for Primary School Projects Incorporating primary school revision to BB82: Area Guidelines for Schools Bulletin 99 2006

• http://www.teachernet.gov.uk/_doc/9422/BB99%20for%20web.pdf

• Building Bulletin 93 (BB93): Acoustic design of schools• http://www.teachernet.gov.uk/management/

resourcesfinanceandbuilding/schoolbuildings/environ/acoustics/