Children with additional learning needs in Wales told to “follow the rules”

Concerns have been raised about a letter sent by Merthyr Tydfil County Council to parents and carers of children with additional learning needs, stating that they must “follow school rules”.

The letter said that following an increasing number of queries from parents and schools, it was writing to “offer some clear information about how decisions are made in schools and how any concerns or questions can be raised.”

It said that all children and young people are expected to follow the same school rules and expectations, including those with additional learning needs (ALN), and that “having ALN does not mean school rules do not apply”.

The letter added that schools will always aim to offer appropriate support or reasonable adjustments to help children understand routines and meet expectations, and parents can request a move to another school if they feel it may better meet their child’s needs.

However, it said, “It is helpful to keep in mind that all maintained schools have similar expectations and standards, as required by law.”

Letter is distressing to parents of children with additional learning needs

Learning Disability Wales said it was “appalled at the ableist message of the letter and disturbed that a director of education would send such a letter to parents and carers, who are already under significant pressure and anxiety supporting their loved ones through education.

Zoe Richards, CEO, said: “It is deeply concerning to learn that the leadership of education in Merthyr Tydfil has such a limited understanding of how to support ALN pupils well. The letter is ableist, and this has to be addressed seriously to ensure that children in Merthyr Tydfil are given the very best education that responds to their needs.”

The letter states that “clear routines and boundaries help children feel secure” and quotes the National Autistic Society saying that “routines and predictability can help autistic people to self-regulate, reduce anxiety, cope with change and manage what is expected of them.”

The National Autistic Society Cymru, however, responded to the letter and said that whilst it didn’t know the context and background to this letter, it could see why the tone and language would be distressing to parents of children with additional learning needs.

James Radcliffe, External Affairs Manager at National Autistic Society Cymru, added: “Every autistic child has unique strengths and challenges, and schools should ensure they are providing the appropriate support for each child. However, we know many families have to fight too hard and too long to get even the basic support for their autistic children, despite the law being clear that schools must make reasonable adjustments for children with additional learning needs.

“Our advice and guidance webpages are extensive, and are there to help and support families navigate challenges in order to help their children thrive. We do not think using one line from our evidence-based support is helpful or enlightening for parents, and would recommend anyone who needs advice visit our website directly for support.”

Equality Act and children with additional needs

Under the Equality Act 2010, schools and local authorities must not discriminate against disabled pupils and must not apply policies rigidly when flexibility is required to meet disability-related needs.

Therefore, while stating in a letter that all children and young people are expected to follow the same school rules and expectations, including those with additional learning needs, does not breach the Act, it could become unlawful if interpreted or applied rigidly.

The Equality Act also places a duty on schools to make reasonable adjustments, and this applies to school policies as well as the physical environment.

Child Autism UK said that when they saw the recent school correspondence potentially breaching the law regarding making reasonable adjustments for autistic children, they were shocked.

Suzy Yardley, CEO, added: “To quote another autism charity to support their view was clearly misleading. Children with SEND or Additional Needs have the right to reasonable adjustments in order to access an effective education. School rules can put autistic children in situations that cause distress or even harm, however with reasonable adjustments, children can then thrive in school, reach their potential and lead extremely positive lives.

“The education needs to be with schools and society in understanding the individual needs of all children, rather than enforcing a one-size-fits-all approach.”

Parents took to social media after the letter was published, with many saying they found it ‘hurtful’ and ‘offensive’.

Council’s position on additional learning needs

Merthyr Tydfil County Borough Council has responded, saying it recognises that the recent letter regarding additional learning needs has caused distress for some families and apologises for the upset this has caused. It also acknowledged that the tone of the communication was unhelpful.

A spokesperson told Learning Disability Today: “We want to reassure parents and carers that children and young people with additional learning needs and disabilities are protected under the Equality Act 2010 and Welsh ALN legislation. Schools and the local authority have a clear legal duty to make reasonable adjustments and to apply policies and expectations flexibly and proportionately, based on the individual needs and circumstances of each child.

 “The intention of the correspondence was to explain how concerns can be raised and to encourage positive collaboration between families and schools. It was not intended to promote a one-size-fits-all approach to behaviour or expectations, and we accept that this was not communicated clearly enough.

 “We value the input of parents and specialist organisations and will use this feedback to strengthen both our practice and our communications. Our focus remains on ensuring that children and young people with additional learning needs are supported in a way that recognises their individuality and enables them to thrive in Merthyr Tydfil schools.”

Alison Bloomer

Alison Bloomer is Editor of Learning Disability Today.

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