SEND support needs in custody
Derren Hayes
Tuesday, July 26, 2022
Research shows that around two-thirds to three-quarters of young people living in the youth secure estate have a special educational need or disabilities (SEND).
Roughly one in five young people in custody will have been through the SEND assessment process and been allocated an education, health and care plan (EHCP) compared with just three per cent of the child population in general.
However, many young people’s needs – which include learning difficulties, speech, language and communication difficulties, and social, emotional and mental health problems – often go unrecognised, mislabelled and unmet. This is often a factor in their offending behaviour and can harm their ability to engage in education and rehabilitation while in custody.
In fact, analysis of Census figures undertaken by the Office for National Statistics (ONS) shows that 41 per cent of young people who had served a custodial sentence had been assessed as having significant SEND needs while at school or an early years setting between 2003 and 2010.
The ONS findings support claims by the Howard League for Penal Reform that many more children in custody need an EHCP than currently have one. EHCPs set out the support package children with the most severe SEND needs are entitled to. In addition, the Howard League says there also needs to be a focus on improving existing plans, many of which are poor quality.
The charity, alongside Independent Provider of Special Education Advice (IPSEA), has produced a guide for practitioners on what they can and should do to support children and young people with SEND in custody.
It includes advice and guidance on the impact of unidentified SEND on young people in custody including the impact of speech and language delays. It also explains the process of establishing if a child needs an EHCP assessment, how the assessment process works, next steps and the rights of a child with an EHCP.
The Children and Families Act 2014 extended entitlements to SEND support for children and young people in custody. These are set out in the SEND code of practice published last year.
However, the guide makes the case for legal protections and frameworks around education in custody to be strengthened. The Howard League says this is needed because many children in custody are not receiving the education they are entitled to, and this has been exacerbated by the pandemic.
Some youth justice experts, while recognising the challenges of supporting children in custody with SEND, say there is existing good practice that if built on should improve support (see expert view below).
EXPERT VIEW BUILD ON GOOD PRACTICE TO IMPROVE SEND SUPPORT FOR YOUNG PEOPLE IN CUSTODY
Sharon Gray, board member, Youth Justice Board (pictured below)
The cornerstones of how we support children in custody with SEND are: accurate assessment, personalisation and well-trained staff.
Using the SEND code of practice, staff must have the expertise to accurately identify special education needs, without negative labelling. Our children are likely to be experiencing a comorbidity of complex needs; social, emotional and mental health needs, autism, ADHD, dyslexia, and many other conditions including the less-widely discussed foetal alcohol spectrum disorder, which affects three to five per cent of the child population. Identifying needs accurately can help to guide children, their families and those they work with.
As a head teacher and education consultant I know that children must feel safe, not just physically, but emotionally and socially. This requires a culture of trust and care, with personalised teaching and support. A safe environment enables children to develop techniques to regulate stress and work through their feelings, while also using constructive challenge to improve behaviours, problem solving and decision making. Highly skilled staff understand a range of needs, can adjust their approach to individual children, and build a positive culture.
Delivering effective SEND provision in the secure estate is not only difficult because of the environment, but also because the children themselves are more likely to have experienced significant trauma.
There are impressive examples of a holistic approach, such as Specialist Education Services’ dual registered residential special schools/children’s homes, and The William Henry Smith School in West Yorkshire. In both services, children receive accurate assessment, personalised care and interact with knowledgeable and empathic staff. The results are inspiring and shown in longevity of placements and “outstanding” Ofsted reports.
I have seen great gains made by using the Thrive Approach, which enables staff to identify and address interruptions and gaps in development. Secure Stairs is a positive framework for integrating education, health and custodial care, which has had encouraging results.
The first secure school is expected to open in 2023, which I hope will develop an approach that places care and education at its heart, creating a place where children with additional needs can feel safe, build trust and receive the support they need to learn and thrive.
Working within the system is never an easy task. There is an opportunity for us to build on the good practices that exist and create a new approach.