In this blog, I want to articulate the potential risks involved in the use of the term SEND within schools.
Ben Newmark’s excellent blog around the challenges we can have around the term SEND and the potential benefits of taking down this umbrella term is a must read. I agree with it and it is a very powerful piece of thinking.
I want to add to the debate that Ben has rightly started. I believe a considerable part about thinking about the future is analysing the system we have now and further reflect on the SEND category. I have tried to do this through three tests.
The Three Tests
Chesterton’s Fence – this was pointed to me from Tom Rees and from Sam Freeman’s outstanding substack post (if you do not have a subscription to his substack, I highly recommend that you get one). Chesterton’s fence teaches us is that, prior to removing any policy, that we should first to understand the need it is, or was intending, to meet.
Elliot’s Wall – This is in recognition of Professor Joe Elliot’s attempt to communicate the risks of a broad definition of Dyslexia back in the mid-00’s. The Channel 4 documentary “The Dyslexia Myth” attempted to argue to the public that the broad and overwhelming definition of Dyslexia did not represent the science and was no longer a meaningful term. However, what many in the public took from the title alone was that those with Dyslexia had no discernible disability at all. The mistake of the title and messaging caused uproar and substantive damage – Dyslexia does not exist, says professor | Schools | The Guardian, individuals found their genuine difficulties being openly questioned in the mainstream media. This made it far more difficult for those struggling to get recognition or support: I myself had pictures of the Guardians headline “Dyslexia doesn’t exist” put in my school bag and a University lecturer openly question why they should provide support to me at all.
What Elliot’s Wall teaches us is that attempts to reconfigure a system, no matter how justified or nuanced, can be taken to polarised extremes and we should be cautious of the unintended harm which can be done to vulnerable individuals who need help.
Rutland’s Plumbing – This is a more informal observation of what happens whenever I undertake any form of DIY or manual work. I have always found it takes twice as long to repair an issue than I initially expected. This is usually because, by repairing or changing something, the attempted repair creates new issues or problems that did not exist previously.
What Rutland’s Plumbing teaches us is that, by trying to make change, we can create new challenges and issues which we might not have expected or have been made as a result of our actions.
Nuance and Caveats
I want to point out this is not me disagreeing or challenging the arguments presented in the narrative thus far. I agree that the identifier of SEND could be at risk of doing harm – it is becoming overused, and I absolutely agree that as a catch all it risks homogenising a diverse group of individuals. I agree we are conflating individuals who have genuinely profound need beyond that of universal provision with those who are causalities of poor instruction. Indeed, I agree that the term SEND risks perpetuating the myth that there is something ‘different’ that we do for SEND that we do not do for others and compromises attempts to develop high quality universal provision for all. Finally, we have to recognise that any label can come with self-limiting beliefs that affect both the individual and society as a whole.
Instead, what I hope to do is examine a little further about what this identifier, or label, could be doing despite its current weaknesses – all of which I absolutely agree with and largely agree with the direction Ben and others suggests. This is not a contradiction in terms – what is capable of good is also capable of harm. We recognise this in the field of medicine – just read the side effects of your antibiotics and indeed, despite their risk of harm, we still take them as the good outweighs the bad. This is about ensuring we have recognised the inherent complexity by examining through additional lenses so that any new systems can meet the needs of those this term currently serves.
What role is the SEND label playing right now, despite its flaws?
Before we delve into this question, there is an important point to raise.
1) We need to recognise that children who’s learning and progress is being affected do require forms of informal and formal protection:
- By formal protection, I mean resource allocation and accountability. By having been identified with SEND, you will have resources attached to you which will require the school or provider to be accountable to how they spend and resource the needs that you have. Therefore, not only do you have resource, but you have the safety net of accountability – someone checking that you are getting what you need.
- In addition, you have the informal attention – by virtue of having an identifying marker, we are more likely to pay attention to it when making decisions. Whether that is in executive trust meeting, a school level meeting or when you receive your class registers and see a red “flag” next to them. This attention matters – we don’t think what we don’t attend to.
2) There is a distinct difference between disability and SEND. Being identified with SEND is not the same as having a disability as recognised by the Equalities Act. One could have a disability without having SEND and one could have SEND without having a disability.
3) The Equalities Act is a key and extremely powerful piece of legislation if you happen to have a disability. It enshrines your right to reasonable adjustments into law – a protection so very important for now and later life.
The Main Argument
Where SEND can be very powerful is that the identifier can afford you the formal and informal protection an individual and their family might need where there is not a clinical diagnosis of disability in place.
For example.
- There is a delay in the diagnosis which affords a clinical explanation for what’s happening. This is exceptionally relevant right now. Some boroughs are reporting up to 3 years waiting list for AD(H)D, 2 years for ASD and lets not even begin to talk about the delay in seeking support for mental health challenges. Subsequently, if there was not a identifier, such as SEND, it would be difficult to secure resource and attention for such individuals.
- They miss the threshold for clinical diagnosis yet still experience enough challenge to have been put forward in the first place. Thresholds for being afforded a diagnosis are high and only continue to climb in the face of overwhelming demand for services. At some point, you have to be able to draw a line between someone who has, or who does not have, an identified clinical condition. In any case, such individuals’ challenges do not disappear – they are still very much in need of support, as they would have made it through the long waiting lists in the first place. Without the SEND identifier, they have no protection that they will receive resource and attention to meet these needs. The weight placed on clinical diagnosis is high enough, without a SEND label as a back-up, the weight becomes even higher.
- For those who’s challenges are not clinical: they could orientate in the social domain but still very much cause a barrier to learning. Again, there is no mechanism outside of SEND which affords an individual attention and resource to assist.
The Three Tests Revisited
If we accept this line of argument, what does the three tests illuminate as to the potential consequences?
Chesterton’s Fence: This test asks the question: What need is the SEND label meeting and what would happen if we remove it?
By removing SEND, there is nothing to identify individuals who could be struggling considerably to access the curriculum. Whilst is it likely there a number of these individuals will benefit and respond to high quality universal provision to help access it, for some this will only provide the foundation i.e. there will be a group of individuals that need more beyond this universal provision. Unless you have a marker or identifier, there is nothing to recognise this group and the resources that they need.
Whilst The Equalities Act would protect those with a recognised disability, it would not protect those without. The Equalities act does afford some protection to those suspected of having a disability, in that reasonable adjustments should be made. But:
a) You first still need to identify such individuals this includes those awaiting diagnosis.
B) This will not cover those who have missed the clinical threshold or who’s challenges lie outside of a clinical diagnosis.
Despite this affordance in the Equalities Act, there would still be no mechanism for which to channel resource, to explicitly point attention to need and no protection for families and the child to ensure they access help.
Individuals who sit in the scenarios outlined above then become a vulnerable at-risk group – one, because the lack of marker means there is nothing to identify them, and two because there is no mechanism for assistance. What’s more, many in this group would have no right of recourse as it is highly unlikely they would be covered under the Equality Act, despite facing substantive challenges which should demand informal and formal recognition.
The ease at which someone can be considered with SEND is both its critical weakness and sublime strength. No application form, no tribunal process and no hoop jumping – especially powerful in a system where it can take years to achieve formal recognition. The identification is in the hands of the school and its flex means it can adjust to meet these three categories which formal diagnosis cannot, and that formal and informal attention can be applied far more quickly. Removing SEND means removing this flex.
Elliots Wall. This test asks: By removing SEND, what message could be heard within the sector and could it force a polarisation?
Bear in mind this: 40 years ago, it was both culturally and politically accepted for children from lower income backgrounds to leave school with zero qualifications. It is only relatively recently whereby considerable policy mechanisms came into existence that afforded protection, including the use of the Free School Meals as an identifier. As a label, FSM face the same critique as SEND – it is crude and describes a homogenous group and is often afforded to pedagogical strategies which have questionable evidence. But, if we take that away, can we be confident that the same level of systematic and individual attention would be applied?
History tells us no. Speculative, but removing SEND as a label might be heard as “SEND doesn’t exist”. Akin to the Dyslexia debacle in the mid 00’s: Instead of achieving a more nuanced perspective, the message heard was “Dyslexia doesn’t exist at all” and support – at the least informal, was withdrawn. This, frankly, caused harm. We risk doing this by removing SEND and people hearing “So SEND doesn’t exist then?”. We collapse the middle ground – the space where we think hard about how universal provision provides a foundation for some learners, for which is necessary for targeted action to take effect.
We need to be brave and ask, if we remove the term SEND, will the system still care? If we have doubts, we have to think how we support individuals to transition to a more subtle system.
Rutland’s Plumbing : The test asks: By making change, do we create problems elsewhere?
By removing SEND, we increase the risk of adding even greater weight onto diagnosis and disability so as to secure necessary resource and attention. If this label is meeting a need, then all it will mean is individuals rushing to meet that need elsewhere. This marginalises those without the formal categorisation and also reinforces the exact opposite of what we are trying to achieve, which is a broader acceptance of difference and commitment for inclusion for all.
By removing SEND, do we create a lethal mutation of Universal provision argument? I worry that removing SEND means that we expect more from universal approaches and indeed allow the legitimacy of the argument that universal meets all needs and is enough for all. This is not the case – some children will need more than what universal provision can reach. Remember, removing SEND means there is no way of recognising those for whom need more outside formal input – they are part of the whole, and stand a greater chance of being lost. Are we asking the system to run whilst it is learning to walk?
Conclusion
In this blog post, I have tried to articulate what we could loose if we remove SEND and what any term or system needs to account for. Systems are complex and the interdependencies on any concept is far beyond the scope of one person. Whilst there are flaws and to the extent where I agree that the SEND term might have had its day, we having to ask if removing it entirely might cause extra problems beyond that of what we currently have. At the very least, help us think about what any system has to do for all those for which it currently serves to ensure they can continue to receive support. At the very least, I argue we need to examine and scrutinise the consequences at the very least as a pre-mortem for further reflection.
Thank you for your attention.