Official Report 302KB pdf
Okay, comrades, we can start again. We have with us once again Andy Kerr, the Minister for Finance and Public Services, and Neil Rennick, who is the head of the Executive's local government expenditure and council tax branch. We also welcome Mrs Sam Baker, who is from the pupil support and inclusion division, and Lindsey Wright, who is from the teachers and schools division of the Scottish Executive. The witnesses have been sitting at the back, so they know the drill. The minister can make an opening statement and then I will open up the meeting for questions.
The Education (Disability Strategies and Pupils' Records) (Scotland) Bill, as the committee knows, aims to improve access to two separate areas of education. First, it will require education authorities and independent and grant-aided schools to prepare and implement strategies to improve, over time, access to education for pupils with disabilities. That will be an important part of helping to ensure that children with disabilities get the best possible start in life and make a great contribution to our society. It is needed to help education providers to ensure that pupils with disabilities can achieve their full potential in education.
I will kick off with a question about funding. You said that you have an additional £9 million from the GAE for the financial year 2003-04 that would be allocated if the bill is implemented. How will that be distributed among Scotland's local authorities? Is there a system by which a council's education department could ask for extra funding for a specific service, such as Braille, which is particularly expensive?
I will answer one of your questions and pass the other one to Sam Baker. Resources are allocated through the GAE and the allocation is based on school populations. That has been discussed with and approved by COSLA.
It is for local authorities to provide Braille and any other extra provision that they want to put in place as a result of the bill from their share of the £9 million or any other funding that they have for accessibility strategies.
Minister, the financial memorandum states that the provisions in the bill that relate to parents' access to pupils' records will not result in any additional costs to local authorities. How did you arrive at that conclusion?
The administrative demands of providing that access are nothing new because the ability to access the information existed until it was inadvertently removed in March 2000 as a result of the Data Protection Act 1998. That suggests that reinstating the provision of access will not have any significant impact on the demand for that service or mean that there is any significant additional cost. We will remain in close contact with local authorities and consult them on the situation.
If there are additional costs, have you any plans to ensure that they are not passed on to those who seek access to the records?
The regulations will allow a fee to be charged for the issuing of copies, but we thoroughly expect that any charge will cover only the cost of supply and that charging for access to pupils' records will not be done on a for-profit basis—that might have been what your question was leading to.
Constituents have come to me with differing views about the best way of educating children with autism. That led me to think that there might be a need to make local authority staff aware of recent research and methods of working with children with certain mental disabilities. Has that issue been taken on board, particularly with regard to the allocation of funds?
I share your views. Many innovative practices are being developed with regard to autism; some local authorities have taken those innovations up whereas others have not. I will be interested to hear what Sam Baker has to say on the subject, but my view is that those local authorities are making decisions based on what they think is the right way of delivering a service. Of course, there are differences of opinion. For example, I am involved with a local autism group that does not agree with the local authority's view. However, it is not the job of the Scottish Executive to tell local authorities how to deal with such issues.
I should expand my point slightly, as I think that you might have picked up what I said wrongly. I do not mean to be negative about local authorities. As a former teacher trainer, I am aware that teachers face many difficulties because they have not been trained to deal with autism, for example. The issue must also be a problem for local authority staff, which is why I suggested that they should be kept abreast of on-going research.
Local authorities are committed to providing that training, within the constrictions imposed by the resources that are allocated and the other funds that they can access. The issue comes back to the setting of local priorities: if that training is judged to be a local priority, it can be delivered. However, I would argue that training needs are addressed by the various resources that I mentioned in my opening remarks.
The minister touched on the resources that are already available. The special educational needs grant for in-service training gives local authorities funding to provide teachers, auxiliary staff and other staff with training on autism and on other special educational needs and disabilities. Clearly, accessibility strategies have a role in promoting awareness about disability among pupils and staff. As the field of autism develops, there will be a lot more staff training needs, which local authorities will want to consider when they prepare and implement those strategies.
I am interested in the costs of the long-term strategies. The submission explains that the £9 million increase in GAE will be delivered at the beginning and then explains about what will happen in 2003-04. I have concerns about what might happen after 2004 if local authorities are perhaps not up to scratch. What will happen in 2005, say, if local authorities are still looking for funds because schools have not been adapted? The submission mentions that consideration is being given to funding beyond 2003-04. Can you guarantee that money will be made available to carry out any work that has not been completed?
We are providing money incrementally so that we can deal with some of the issues, but I do not think that we will easily solve the problems of every school and local authority building. I cannot go beyond the next spending review, but those projects will form part of the next bidding process and will be discussed at that point. There is an understanding that we need to put money into the system. That is being done and requires to be done under the DDA. We need to continue that process, which will become part of the spending review in future years. Perhaps one of my colleagues can add to that.
The £9 million will be part of the local government baseline and will not be time limited. It will be like other elements of the baseline local government settlement.
Sandra White's question was about what would happen if the £9 million was not enough. We would need to re-examine the situation on the basis of what happens.
I know that no one can pre-empt the spending review, but could consideration be given to local authorities that had fulfilled the criteria and that found themselves short in the last six months of the year? Perhaps you could look at that.
We constantly engage with local authorities. Clearly, we need to discuss seriously with them any legislative requirement that has been imposed on them. Let us see the outcome of the current increase, which we hope will provide adequate resources to do the job.
To a large extent, the funding for the access improvements will come from the inclusion programme. In light of our earlier discussions on ring fencing, why have you chosen to use the inclusion programme route rather than add the additional resources to the local government grant?
In our discussion under the previous agenda item, we said that we need to ensure that the resources get to where they are required. The resources to do the job are being promoted through the excellence fund because that seemed an appropriate vehicle to use. I do not know what discussions took place in partnership with local authorities, as the decision was made before my time. The social inclusion agenda, which is being supported through the provision of resources, seemed an appropriate way of closing the gap and of ensuring that the improvements take place. I presume that that was why that route was chosen, but perhaps my colleagues can comment.
The inclusion fund money already supports accessibility. The spending review identified that the excellence fund would grow. As part of our general commitment to reduce hypothecation, it was agreed that the additional £9 million in year three should be provided through the general non-hypothecated grants system. The inclusion funding is part of the excellence fund, which is being reviewed, but the commitment has been made that the resources will carry forward. We hope that local authorities will continue to allocate funds for this area.
Does the overall funding take account of the particular difficulties that remote areas experience in ensuring a level playing field for children with disabilities? For authorities that have sparse populations and small schools, the relative provision costs might be higher than in more urban areas.
The determining figure in allocating GAE resources was school population. I am not sure whether the system has other nuances, but Neil Rennick may know more.
The relative demands for special educational needs have been discussed with local authorities. There was no agreement on any amendment to the way in which the GAE system is applied. Obviously, if local authorities have alternative suggestions at the next spending review, those suggestions will go into the pot for consideration.
I want to ask about a related issue and how it fits into the bill. The Parliament has discussed special educational needs schools and extending the school day—for children for whom that is appropriate—so that it is the same in those schools as in mainstream schools. As a result, guidance has been issued to local authorities to encourage them to make progress with that. Does the bill cover special needs schools? Is that mentioned in the guidance that local authorities have received?
That is a detailed question and I can answer only one part—yes, the bill covers special needs schools. I will leave the substantive answer to Sam Baker.
Special schools are covered in the same way as mainstream schools are. There is more work to be done with mainstream schools, especially as a result of section 15 of the Standards in Scotland's Schools etc Act 2000, which includes a presumption in favour of mainstreaming. Obviously, special schools will still have a role to play, because a number of children have more complex difficulties. Special schools will also require accessibility developments.
So if local authorities do not make progress with extending the school day for pupils when appropriate, the bill will not force them to do so, but the Disability Discrimination Act 1995 will.
A special school might be the subject of a challenge under the 1995 act if someone could prove that it had not taken reasonable steps to ensure that the school week in the school was in line with that in mainstream schools.
Your submission says that the Executive will define, in guidance, associated services to be covered by the disability strategy. That guidance will be published later this year. What are those services? Have their costs been included in moneys that have been allocated for the requirements of the bill?
I have focused on the financial issues, but I see that Sam Baker has a big list in front of her, so it is probably more appropriate for her to answer your question.
To define associated services, we would use the list of services that is in the Disability Rights Commission's code of practice, which will be published shortly. Associated services would include preparation for entry into a school, the curriculum, teaching and learning, classroom organisation, timetabling, grouping of pupils, homework, access to school facilities, activities to supplement the curriculum—such as a drama group visiting a school—school sports, school policies, breaks and lunch times, serving of school meals, interaction with peers, assessment and exam arrangements, school discipline and sanctions, exclusion procedures, school clubs and activities, school trips, schools' arrangements for working with agencies and preparation of pupils for the next phase of education. That list is wide-ranging and includes extra-curricular activities and trips, which you mentioned.
There are no more questions, so I thank the witnesses for attending. You can go home now.
I wish.
I welcome Councillor Helen Law, who is COSLA's education spokesperson and a member of Fife Council, and Maggi Allan, who is an executive director for education resources at South Lanarkshire Council. They have been watching the meeting. We will have a few words from the councillor, then members will ask questions.
COSLA welcomes the bill in principle. Local authorities have a good record in looking after the needs of all children, especially those with disabilities. However, we are concerned about the bill's financial implications. We need clarity on the future of funding and guarantees on flexibility and the ability to roll out programmes over time. COSLA has given the committee a written submission.
I note what you say about the amount of grant that will be provided in the first year and the need to clarify future funding. Is £9 million enough?
On its own, £9 million will not be enough. Maggi Allan will give details on how the funding breaks down for local authorities and on the funding that would be required, down to pricing exact programmes, such as those for stairlifts.
South Lanarkshire Council has undertaken some work on the bill's implications and I have obtained information from another council to find out whether the figures that my council produced were reasonable. The figures that I received from Renfrewshire Council concurred with our findings.
I understand that the £9 million is baseline funding. I am sure that that is how the Executive official answered, but we can check the Official Report. I am sure that there will be flexibility.
No.
If you did not get it, your implementation costs would change.
Indeed.
You implied that some of the modifications would be necessary anyway, because of the Disability Discrimination Act 1995. Is that correct? I am trying to clarify whether the bill will add extra costs or whether most of those costs would have to be met in any case.
Several pieces of legislation and parts of codes of practice all come together in that regard: the Standards in Scotland's Schools etc Act 2000, which contains a presumption of mainstream education; the recent code of practice on special educational needs; and the Disability Discrimination Act 1995. If the bill is passed there will be a requirement concerning disability strategies. As the minister said, it is important that those strategies complement the existing legislation. The expectation is that councils will, through their disability strategies, articulate how they will meet the requirements of the Disability Discrimination Act 1995. As local authorities commit to implementing the terms of the 1995 act, we need to be able to show clearly that we will not achieve that overnight; we will commit to achieving it over time and based on the allocation of resources. The various acts and codes of practice complement one another.
That was helpful. I also wish to ask you about sparsity of population and remote communities. Does the distribution formula take sufficient account of the larger number of schools per pupil in remote areas? If not, the costs of making adaptations might be higher. Costs would not be affected by a pupil-based scheme. Has that been taken into account? Would extra resources be required in remote areas?
That is quite an important issue for rural areas, particularly because of the distance that young people must travel. It is a question of flexibility. For example, in the East Kilbride area, where schools are relatively close to one another, I might tell a parent that I cannot provide full accessibility in one secondary school, but that there is a suitable school six miles along the road. However, if I were the education director of the Highland Council, it would be a completely different matter; the appropriate school might be 20 or even 30 miles down the road. That would be much more problematic for a council that was faced with implementing legislation and for parents who are anxious to secure their children's inclusion rights. Therefore, it might not be unreasonable to consider rurality as a factor in the distribution of funds.
The committee is always worried about the hidden costs that might be involved in financial settlements. We notice that "other services" will be included in guidance that will come out later this year. Has COSLA costed the potential financial implications of including additional educational services under "other services"?
We have not costed those implications in detail. Our main costings have concerned making the physical environment accessible. We welcome the fact that the bill is not just about making the physical environment accessible, but about making the full curriculum accessible. It is also about extending beyond the formal school day the provision that is available to all young people. Costs are, and will be, associated with that.
Another element of access relates to pupil records. The minister seemed fairly confident that no additional costs could be passed on to those who seek access to the records. Are you as confident that that would be the case?
We probably are as confident. The minister is correct. We used always to grant access to pupil records. From speaking to colleagues in other authorities, I know that we have not stopped doing that, although the Data Protection Act 1998 took away the legal requirement for us to do so. If parents ask us for records, we still provide them, but an administrative cost is generally associated with that. I concur with the minister's conclusion.
How often are you asked to provide records?
Such requests are not frequent. On average, they are made two or three times a year.
Thank you for your submission, which answered a number of the questions that I intended to ask. Funding is one of the most important issues raised by the bill. We all want the bill to work, but we must be realistic. Your concerns have been taken on board.
I do not think that the drafting of a plan would involve additional costs. However, it would be helpful for the Executive to liaise closely with local authorities on the implementation of their strategies. That could be secured by involving COSLA in the drafting of guidance, in order to build in a requirement for consultation. Local authorities would then be assured that their needs were being considered.
I want to return to staff development. Obviously, staff development does not have the same financial implications as the physical improvements that you described. However, do you agree that the issue needs to be considered? Through changes to teacher training, staff development will work its way through the system but, initially, extra staff development will be needed for teachers, classroom assistants and so on.
I agree that professional development issues are associated with the bill. We need to make people aware of the terms of the Disability Discrimination Act 1995, as people could inadvertently fall foul of that legislation. You are right to say that we need to ensure that local authority officials are familiar with the terms of the 1995 act.
COSLA's written submission states the belief that
The presumption of mainstreaming is all very well, but we need to be mindful that some parents would still want specialised facilities for their young people. In trying to meet the needs of young people, we need to talk to the parents and the professionals and to work together to ensure that we do not create another kind of one-size-fits-all solution.
In paragraph 6 of the written submission, you make some useful points about areas that might need clarification or future guidance. You mentioned preventing duplication of work. Will you comment on the sort of areas in which the bill might cause duplication or conflict such as, for example, the children's services plan and the Children (Scotland) Act 1995?
We are being asked to prepare an accessibility strategy. We will consider how that fits with our other requirements, such as the requirement for local authorities to have an annual local improvement plan, the requirement to have a plan associated with the children's services plan and the forthcoming legislative requirement around community planning. We can join all those things up. We anticipate dealing with the accessibility strategy in particular through a children's services planning process.
We have exhausted our questions. Thank you for coming along. We will be in touch, if necessary.
I have two main introductory points. My specific responsibility in Glasgow City Council is for special educational needs. I have a particular interest in aspects of the Education (Disability Strategies and Pupils' Records) (Scotland) Bill. I expected to be accompanied by a colleague who has more knowledge of the buildings aspect, but unfortunately that person is on sick leave. I will attempt to answer questions, but I will get back to the committee on any matter about which I am unsure.
In the first year, it appears that £9 million will be made available, based on school population. I would like to clarify something. You said that more than 200 pupils come into Glasgow and use the facilities—other authorities obviously buy in that provision. Are those children included in your school population? Must members of the school population have a Glasgow address?
No. All school pupils are included in the population.
So there will be £9 million for the whole of Scotland and the distribution of that money will be based on school population. Is that amount enough? Be honest.
No. The amount is not enough if we are to address the more subtle issues. It might be enough if we were talking simply about building ramps and, perhaps, installing lifts. The last estimate that I had for installing a lift, which was in my Renfrew days, was for £150,000. That was six years ago. I doubt that £9 million is enough if we are truly serious about ensuring access for any child who appears at the front door of a school. I would still except the medical profiles. The £9 million would give us a good start, but it would not finish the job.
I return to Maggi Allan's idea that provision would have to be phased in. Could you work the system so that two or three schools were adapted and then phase in provision gradually in other schools? Is that your intention? What sort of strategy might you use?
That is our strategy. If the required customisation were too great, we would transport the children to the nearest school that could meet their needs. However, that would depend greatly on the provision in individual cases.
On the disability strategies and the information that you give to parents, are you saying that, right from the beginning, you would have to be open and transparent about what is possible so that unrealistic expectations are not built up? I think that you agree with me about that.
Yes, definitely.
Will you comment on the implications of the review of the disability strategies? I asked a previous witness what that would mean for training at the school level, the council level and in education departments.
There are probably three tiers. We have begun a rolling programme. It is essential that directorate members and council officials are well briefed on those issues. The approach is holistic: all council offices, officers and personnel should develop broad awareness of the strategy.
It all seems to come down to funding. Although you might have the will, you also need the money. The Executive has mentioned the inclusion programme and the ring fencing of moneys. How much did Glasgow City Council receive last year?
We got £1.5 million and roughly £500,000 for training. Obviously, the focus of that money was on developing practice and provision in the mainstream sector. We struck a balance. We met costs for access and adaptations, but the vast majority of the money was focused on the process model and on staff development, whether that involved direct training, staff development materials, inter-agency working or the establishment in some of our mainstream schools of better provision for children with special educational needs.
Everyone is grateful for a wee bit of extra money. You have explained how you used that money for various other aspects of provision that do not appear to be included in the bill. Would £1.5 million be enough to cover the remit of the bill in future years?
I felt that the funding addressed some elements of the bill—some of the more subtle aspects of inclusion and responding to disability. If I were guided to spend all of the £1.5 million simply on physical access, that would disappoint me. We have not taken that approach in Glasgow. It would have been easy to run around flinging ramps at every school and putting in disabled toilets. The greater priority for us is to ensure that staff are well trained, in tune and sympathetic to the issues. No child is being disadvantaged. Children are accessing education, so a physical disability does not deprive them of education. Provision may not currently be as local as we would like, but no child's educational provision is being undermined in any way by the lack of physical access in schools.
I assume that you hope that the Executive and COSLA will take on board what you have said and that consultation and flexibility on how the money is spent will be written into the bill.
We want flexibility to be coupled with accountability. The requirement to show in great detail how money from the specific grant and the excellence fund is being spent is welcome. It is too easy just to take a broad-brush approach. Funding has been specifically targeted and sensitive to local need, which has been much appreciated, not only in Glasgow but by colleagues in other local authority areas.
My first question is for clarification. Your answer will determine what my second question will be. In how many of the schools in Glasgow that are currently being built or renovated has access for people with physical disabilities been taken into account?
We have 29 secondary schools in Glasgow, 26 of which have total access, with lifts and ramps. The three schools that do not have those facilities are not new-builds but refurbishments. Apparently, in those three schools, the traditional style of the building prohibited the inclusion of those access facilities. We recognise that, when the bill becomes law, we will have to revisit that situation.
The answer was positive, so I do not need to ask why the work has not been done. Do you have an idea how much additional funding was required to deliver that level of provision?
I asked that question this morning but nobody could give me a breakdown of the funding. The new primary school, Knightswood Primary School, started off its life at an estimated cost of £3.5 million but ended up costing £4.6 million as a result of refinements. There is a proposal for another school, Lourdes Primary School, which will be a two-storey building with lifts and disabled access throughout and customised toilets. That finer brief will add to the cost and result in a building that will cost more than a basic primary school would cost.
There is provision in the bill for access to pupils' records. The minister said that that should have no great financial implications. Do you agree with that?
Yes. I also agree with Maggi Allan that good practice has dictated for a long time that information should be made available to parents. For example, there has always been open access to the record of needs. With a bit of professional rigour, no one should have anything to fear from access to records.
I do not think that we have any more questions. Thank you for attending.
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