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THIS WEEK’S UPDATE

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As this is a very worrying time for parents of children/young people with SEN, Douglas is now offering a 'SEN Telephone Advice' service, where he can discuss individual cases with parents/others.

​SOMETIMES IT SEEMS TO ALL HAPPEN AT ONCE…
 
I have decided from this week to start sending my weekly updates on a Monday morning so that I can also look at things that have happened over the weekend (which they have definitely done this weekend!)
 
 Although a lot has obviously been happening (or should I say not happening) in the past couple of months with the Coronavirus pandemic, as you will know from my updates, the main issue in relation to education/SEN, has been about when, how and whether schools should open or not.
 
However, a lot seems to have happened in the past couple of days around this issue. So, as ever, I am going to just draw your attention to some things for you here as to the current position as I see it.
 
I hope that this helps people again.
 
1
 
On Monday, there was an article on the BBC's website entitled: "'Virus could be here for year' so schools must open, says education secretary”, which said:
 
"The coronavirus could be with us for a year or more" so children cannot continue to stay out of school for "months and months" longer, says Education Secretary Gavin Williamson.
 
But he told BBC Breakfast he recognised there would be "initial nervousness" among parents about children returning.
 
Teachers' unions have warned it is not safe to open England's primary schools on 1 June.
 
On Sunday, Boris Johnson accepted some schools would not be ready to open.
 
The education secretary said the first steps for returning to school had to begin.
 
"We cannot be in a situation where we go for months and months where children are missing out on education," said Mr Williamson.
 
This has not persuaded teachers' unions - with no sign of a resolution to the stand-off over bringing increasing numbers of children into schools.
 
Geoff Barton, leader of the ASCL head teachers' union, said the government had "not done a good job in building confidence in its plans".
 
Ministers were failing to win "trust and confidence", said Patrick Roach, leader of the Nasuwt teachers' union.
 
Mr Williamson told BBC Breakfast that he recognised there would be hesitation among parents.
 
"We do realise there will be an initial nervousness about the return of schools," he said.
 
And he said it was right that there would be no penalties for parents who decided to keep children at home.
 
Asked whether parents should now rely on their "instincts" rather than official guidance, he said he hoped that parents would start to send their children back to school.
 
He said the guidance for returning to school ensured a "maximum amount of safety" - and going back would be important for children's well-being as well as helping them to catch up on lost lessons.
 
Schools have remained open for the children of key workers and vulnerable children - and the government's plan is for all pupils in Reception, Year 1 and Year 6 to return to school from 1 June.
 
But many local authorities have already indicated that their schools will not be ready to open, or that schools will have their own variations on which pupils will return.
 
Mr Williamson said there was no reason why most schools should not open - but gave no indication of any sanctions for those that did not.
 
The first children returning to secondary school, in Years 10 and 12, will begin on 15 June.
 
School leaders have questioned the feasibility of the next stage of reopening, which would have all primary children back in school together for the last month of term.
 
The Department for Education says this part of the plan is now "under review".
 
In Scotland and Northern Ireland there are plans for a phased return to school for pupils, starting in August.
 
Schools in Wales will not go back on 1 June, but a date has not yet been set.
 
On Tuesday, the Government then issued guidance called: "Supporting children and young people with SEND as schools and colleges prepare for wider opening”, which stated: 
 
“From the week commencing 1 June 2020 at the earliest, we will be asking primary schools to welcome back children in nursery, reception, year 1 and year 6, alongside priority groups (vulnerable children and critical worker children). From the week commencing 15 June 2020 at the earliest, we will ask secondary schools, sixth form and further education colleges to offer some face-to-face support to supplement the remote education of year 10 and year 12 students who are due to take key exams next year, alongside the full time provision they are offering to priority groups.
 
As settings prepare for wider opening, this guidance provides information on provision for children and young people with education, health and care (EHC) plans and others with complex needs, such as children and young people with special educational needs and disability (SEND) who do not have an EHC plan, but for whom the educational setting or local authority has exercised its discretion to do a risk assessment and offer a place at an educational setting1.
 
Throughout the coronavirus (COVID-19) outbreak, educational settings have been asked to ensure that vulnerable children and young people can attend where appropriate, including those children and young people who have an EHC plan, and for whom it is determined, following a risk assessment, that their needs can be as safely or more safely met in the educational environment. As settings prepare for wider opening, they should continue to offer places to vulnerable children and young people and should look to bring back more children and young people with EHC plans in these target year groups. Their return should be informed by their risk assessments, to help educational settings and local authorities ensure that the right support is in place for them to come back.
 
From 1 June we will be asking special schools and hospital schools to work towards a phased return of more children and young people, without a focus on specific year groups and informed by risk assessments. From 15 June, we will be asking specialist post-16 institutions to work towards a phased return of young people, without a focus on specific year groups or proportion of learners and informed by risk assessments….”
 
By the end of the week, we heard that the Government had also issued an extension of their previous Notice under the Coronavirus Act 2020 to relax legal duties in relation to the laws surrounding SEN, the best summary or which I found of on the Contact website entitled: "Temporary law change for Education Health and Care plans extended until 30 June", which said:
 
“Today, the Department for Education have announced that they intend to extend the temporary change in the law for Education Health and Care Plans until end of 30th June 2020.
 
The government first implemented temporary changes to the law regarding Education Health and Care (EHC) plans during the Coronavirus pandemic on the 1st May.  
 
The changes means education and health support set out for a child with special educational needs (SEN) in an EHC plan, may be different for a period of time.
 
Local authorities and health providers will have to use "reasonable endeavours" to secure this support. This means that they do not have to do exactly what is detailed in the EHC plan if this is not possible during the Coronavirus outbreak. However they should try other ways of providing the support. For example, your child may be offered help virtually over the phone or online rather than face to face…
 
And in the past couple of days, Vicky Ford MP, the Parliamentary Under Secretary of State for Children and Families, has issued another letter addressed again to: "To all children and young people with special educational needs and disabilities (SEND), their parents/carers and families, and others who support them", which stated:
 
“I would like to express my sincere thanks for everything you are doing at this challenging time. I also wanted to explain how the wider opening of schools and other educational settings may affect your family. This letter has been distributed through as many of our partner organisations as possible. I would be grateful if you could also circulate it widely.
 
I realise that this is a particularly difficult time for children and young people with SEND and their families, and I’m sure that you have lots of questions. As you will be aware, on 28 May the Prime Minister announced that the Government’s five tests had been met and, based on all the evidence, primary schools and early years’ settings will be opening to more children and young people from the week commencing the 1 June. Secondary schools and colleges will begin to offer some face-to-face support to Year 10 and 12 students and 16-19 learners taking key exams next year.
 
On 26 May, the Department for Education (DfE) published guidance to help colleagues working in local authorities and educational settings to support the needs of children and young people with SEND through the process of wider opening to more children and young people. The full guidance is available at this link:
https://www.gov.uk/government/publications/coronavirus-covid-19-send-risk-assessment-guidance
 
We have produced this guidance with help from SEND sector organisations, including parent carer forums and representatives, to outline pragmatic approaches that local authorities, educational settings, and parents or carers may wish to take to support children and young people with SEND throughout the coronavirus (COVID-19) outbreak. This guidance updates our existing advice to local authorities on risk assessments to determine which children and young people should be attending their education setting. It now also includes advice on how to approach the phased return to face-to-face education for children and young people with SEND.
 
I want to assure you that safety will always be our primary concern. Local authorities and educational settings should work with families to bring children and young people back to face-to-face education to ensure they receive the support that every child or young person deserves.
 
This new guidance sets out that children and young people with SEND in mainstream and Alternative Provision settings who have not been attending and are in eligible year groups should experience the same return to their school/college or contact with their teachers as their peers without SEND in the same year group. We recognise that each individual child with SEND has their own needs, so decisions should be based on each child’s risk assessment with families and schools working together. Special schools, special post-16 institutions and hospital schools should work towards welcoming back as many children and young people as can be safely catered for in their setting based on risk assessments but not using their year group as a primary deciding factor. Educational settings and local authorities should keep risk assessments up to date, to ensure they are able to offer places to pupils and students, whatever year group they are in, where circumstances have changed.
 
I know that there has been a huge amount of change at this time, so if you want more details, you may also wish to read further guidance including:
 
• Actions for education and childcare settings to prepare for wider opening from 1 June 2020 and actions for FE colleges and providers during the coronavirus outbreak, which sets out the overarching aims and principles of wider opening and the next steps for education and childcare providers.
• Guidance on implementing protective measures in education and childcare settings.
• Guidance on safe working in education, childcare and children’s social care, including the use of PPE in education, childcare and children’s social care settings during the coronavirus outbreak.
• Guidance on isolation in residential educational settings.
• Guidance on supporting vulnerable children and young people during the coronavirus outbreak.
• Guidance on the changes to the law on education, health and care needs assessments and plans due to coronavirus.
 
I realise that whilst the coronavirus pandemic has affected us all, children and young people with SEND and their families have often faced particularly acute challenges. This is why I was happy to announce on 19 May that the Family Fund will receive funding of £37.3 million in 2020-21. The Family Fund provides grants to families on low incomes who have children with disabilities or severe medical conditions, and this funding includes £10 million which has been allocated to help families in response to the Covid-19 pandemic. More details can be found here: https://www.gov.uk/government/news/37-million-to-support-children-with-complex-needs
 
You can also keep up to date by regularly checking the gov.uk webpages and if you want to speak to an advisor from the DfE, please do call the DfE Coronavirus helpline which we have established for local authorities, providers and parents. The number is 0800 046 8687, and lines are open 8am-6pm (Monday – Friday), and 10am – 4pm (Saturday and Sunday).
 
The Council for Disabled Children has also pulled together a wide set of resources to respond to frequently asked questions:
https://councilfordisabledchildren.org.uk/help-resources/resources/covid-19-support-and-guidance.
 
Finally, I would like to express my personal gratitude towards all those in the SEND sector for continuing to care for, teach and support vulnerable children and young people in these difficult times.”
 
There has already been a bit of a backlash to this which is probably best summarised in another article which I saw earlier today on the BBC's website entitled: " Coronavirus: Drop plan to reopen primaries to all pupils, ministers urged", which states:
 
“The first wave of children is due back from Monday but the government wants all primary pupils in class for the last four weeks of term.
 
This ambition piles pressure on schools "when actually it wouldn't be safe", said Emma Knights, chief executive of the National Governance Association.
 
Ministers say the return of all pupils will depend on updated safety advice.
 
Last week the schools minister Nick Gibb told MPs any decision on whether all pupils should return would be led by the science, and no decision had as yet been made.
 
Many schools have been open to the children of key workers and vulnerable children throughout the lockdown, with all the others attempting to follow the primary curriculum at home.
 
From Monday, the government wants all pupils in Reception, Year 1 and Year 6 to return to their classrooms, with no more than 15 pupils per class.
 
This means every class of 30 would have to be spread across two classrooms.
 
Under these rules, if all year groups went back, there would not be enough classrooms in the vast majority of primary schools.
 
Ms Knights has written to the education secretary, Gavin Williamson, "asking him to review and to drop" the expectation that all primary pupils should be back at school for the last four weeks of term.
 
"Unless something dramatic changes very soon in terms of the government's scientific and medical advice, it will simply not be possible for primary schools to invite all pupils back for a whole month of education before the summer holidays," she told the BBC.
 
"Indeed many of them won't be able to invite all pupils back at all before the summer holidays...
 
"It is adding to uncertainty for parents, but also extra pressure on school leaders and governing boards who think that they need to try and do this when actually it wouldn't be safe."
 
Mr Williamson has not as yet responded to the letter.
 
Kerry Hill, head teacher at Eyres Monsell primary school in Leicestershire, told BBC Breakfast that her school would not reopen until the middle of June.
 
She said that even then, it will be closed one day a week to all pupils apart from the children of key workers for deep cleaning. A one-way system will be put in place and any non-essential items that could potentially spread the virus, such as toys and soft furnishings, are being removed.
 
"In our classrooms we can't even fit 15 in and still observe social distancing," she said. "In terms of the logistics, rearranging the entire school and having the available staff to come in and take all of those groups has been incredibly challenging - as well as the logistics of how are we going to do regular cleaning across the day."
 
She added: "It is not just about the safety of minimising risks. We know parents are scared, anxious, and our staff a worried, so we're really trying to put in place measures that help keep that trust and confidence."
 
Just over 2,350 governors shared their plans for the return of pupils with the BBC.
 
Many say, even with the limited numbers due to return in the first phase, they are already having to ask pupils to attend part-time, due to space constraints and the need for deep cleaning to keep the virus at bay.
 
Of the governors who answered a BBC snapshot questionnaire:
 
About four in five said they were able to accept pupils from all the eligible year groups.
 
About a third of the schools are planning rota systems, for example with one half of pupils attending school for two days at the start of the week, and the other half for two days at the end, with a day for deep cleaning in between.
 
There are wide variations in the numbers of parents who have committed to sending their children to school from Monday, with some schools expecting almost everyone, and others just a handful.
 
Of the 2,350 governors asked whether it would be possible to have all pupils back for the last four weeks of term, 1,682 said this was unlikely or very unlikely.
 
"It would be physically impossible to bring all pupils back with reduced class sizes - we do not have the extra classrooms or staff to accommodate them safely," one governor wrote.
 
"It is going to be challenging enough to get Reception, Year 1 and Year 6 pupils back into school, respecting all of the social distancing and also providing spaces for key worker and vulnerable children. This will take up all the classroom space in the school and use up all of the staff who are available," wrote another.
 
However, another expressed frustration at being unable to welcome all children back to school immediately, saying parents "need a break and the children are getting feral".
 
Overall, governors expressed concerns about the pressure placed on themselves and on headteachers by the pandemic.
 
"I can only say that the professionalism of our team has shone through and for everyone's sake we hope the advice is right and that safe and effective learning returns for some and continued remote learning carries on for others," said Nick Horslen, chair of governors at Kings Wood Primary and Nursery School in High Wycombe.
 
"The situation is a long way from ideal but the creativity and determination to help children is the constant priority."
 
Schools in Wales do not have a date for returning and schools in Scotland and Northern Ireland are going back in August.
 
2
 
Again, I'm not going to share any thoughts with you now as I feel a bit conflicted again as I can see both sides of the argument is sometimes you find that both people can be right!
 
One thing I'm sure of though is that this debate is going to continue probably for some time to come.
I GUESS EVERYTHING IS ABOUT TIMING…
16/5/2020
​

by Douglas Silas, specialist SEN solicitor
Picture

SOMETIMES IT SEEMS TO ALL HAPPEN AT ONCE…
 
I have decided from this week to start sending my weekly updates on a Monday morning so that I can also look at things that have happened over the weekend (which they have definitely done this weekend!)
 
 Although a lot has obviously been happening (or should I say not happening) in the past couple of months with the Coronavirus pandemic, as you will know from my updates, the main issue in relation to education/SEN, has been about when, how and whether schools should open or not.
 
However, a lot seems to have happened in the past couple of days around this issue. So, as ever, I am going to just draw your attention to some things for you here as to the current position as I see it.
 
I hope that this helps people again.
 
1
 
On Monday, there was an article on the BBC's website entitled: "'Virus could be here for year' so schools must open, says education secretary”, which said:
 
"The coronavirus could be with us for a year or more" so children cannot continue to stay out of school for "months and months" longer, says Education Secretary Gavin Williamson.
 
But he told BBC Breakfast he recognised there would be "initial nervousness" among parents about children returning.
 
Teachers' unions have warned it is not safe to open England's primary schools on 1 June.
 
On Sunday, Boris Johnson accepted some schools would not be ready to open.
 
The education secretary said the first steps for returning to school had to begin.
 
"We cannot be in a situation where we go for months and months where children are missing out on education," said Mr Williamson.
 
This has not persuaded teachers' unions - with no sign of a resolution to the stand-off over bringing increasing numbers of children into schools.
 
Geoff Barton, leader of the ASCL head teachers' union, said the government had "not done a good job in building confidence in its plans".
 
Ministers were failing to win "trust and confidence", said Patrick Roach, leader of the Nasuwt teachers' union.
 
Mr Williamson told BBC Breakfast that he recognised there would be hesitation among parents.
 
"We do realise there will be an initial nervousness about the return of schools," he said.
 
And he said it was right that there would be no penalties for parents who decided to keep children at home.
 
Asked whether parents should now rely on their "instincts" rather than official guidance, he said he hoped that parents would start to send their children back to school.
 
He said the guidance for returning to school ensured a "maximum amount of safety" - and going back would be important for children's well-being as well as helping them to catch up on lost lessons.
 
Schools have remained open for the children of key workers and vulnerable children - and the government's plan is for all pupils in Reception, Year 1 and Year 6 to return to school from 1 June.
 
But many local authorities have already indicated that their schools will not be ready to open, or that schools will have their own variations on which pupils will return.
 
Mr Williamson said there was no reason why most schools should not open - but gave no indication of any sanctions for those that did not.
 
The first children returning to secondary school, in Years 10 and 12, will begin on 15 June.
 
School leaders have questioned the feasibility of the next stage of reopening, which would have all primary children back in school together for the last month of term.
 
The Department for Education says this part of the plan is now "under review".
 
In Scotland and Northern Ireland there are plans for a phased return to school for pupils, starting in August.
 
Schools in Wales will not go back on 1 June, but a date has not yet been set.
 
On Tuesday, the Government then issued guidance called: "Supporting children and young people with SEND as schools and colleges prepare for wider opening”, which stated: 
 
“From the week commencing 1 June 2020 at the earliest, we will be asking primary schools to welcome back children in nursery, reception, year 1 and year 6, alongside priority groups (vulnerable children and critical worker children). From the week commencing 15 June 2020 at the earliest, we will ask secondary schools, sixth form and further education colleges to offer some face-to-face support to supplement the remote education of year 10 and year 12 students who are due to take key exams next year, alongside the full time provision they are offering to priority groups.
 
As settings prepare for wider opening, this guidance provides information on provision for children and young people with education, health and care (EHC) plans and others with complex needs, such as children and young people with special educational needs and disability (SEND) who do not have an EHC plan, but for whom the educational setting or local authority has exercised its discretion to do a risk assessment and offer a place at an educational setting1.
 
Throughout the coronavirus (COVID-19) outbreak, educational settings have been asked to ensure that vulnerable children and young people can attend where appropriate, including those children and young people who have an EHC plan, and for whom it is determined, following a risk assessment, that their needs can be as safely or more safely met in the educational environment. As settings prepare for wider opening, they should continue to offer places to vulnerable children and young people and should look to bring back more children and young people with EHC plans in these target year groups. Their return should be informed by their risk assessments, to help educational settings and local authorities ensure that the right support is in place for them to come back.
 
From 1 June we will be asking special schools and hospital schools to work towards a phased return of more children and young people, without a focus on specific year groups and informed by risk assessments. From 15 June, we will be asking specialist post-16 institutions to work towards a phased return of young people, without a focus on specific year groups or proportion of learners and informed by risk assessments….”
 
By the end of the week, we heard that the Government had also issued an extension of their previous Notice under the Coronavirus Act 2020 to relax legal duties in relation to the laws surrounding SEN, the best summary or which I found of on the Contact website entitled: "Temporary law change for Education Health and Care plans extended until 30 June", which said:
 
“Today, the Department for Education have announced that they intend to extend the temporary change in the law for Education Health and Care Plans until end of 30th June 2020.
 
The government first implemented temporary changes to the law regarding Education Health and Care (EHC) plans during the Coronavirus pandemic on the 1st May.  
 
The changes means education and health support set out for a child with special educational needs (SEN) in an EHC plan, may be different for a period of time.
 
Local authorities and health providers will have to use "reasonable endeavours" to secure this support. This means that they do not have to do exactly what is detailed in the EHC plan if this is not possible during the Coronavirus outbreak. However they should try other ways of providing the support. For example, your child may be offered help virtually over the phone or online rather than face to face…
 
And in the past couple of days, Vicky Ford MP, the Parliamentary Under Secretary of State for Children and Families, has issued another letter addressed again to: "To all children and young people with special educational needs and disabilities (SEND), their parents/carers and families, and others who support them", which stated:
 
“I would like to express my sincere thanks for everything you are doing at this challenging time. I also wanted to explain how the wider opening of schools and other educational settings may affect your family. This letter has been distributed through as many of our partner organisations as possible. I would be grateful if you could also circulate it widely.
 
I realise that this is a particularly difficult time for children and young people with SEND and their families, and I’m sure that you have lots of questions. As you will be aware, on 28 May the Prime Minister announced that the Government’s five tests had been met and, based on all the evidence, primary schools and early years’ settings will be opening to more children and young people from the week commencing the 1 June. Secondary schools and colleges will begin to offer some face-to-face support to Year 10 and 12 students and 16-19 learners taking key exams next year.
 
On 26 May, the Department for Education (DfE) published guidance to help colleagues working in local authorities and educational settings to support the needs of children and young people with SEND through the process of wider opening to more children and young people. The full guidance is available at this link:
https://www.gov.uk/government/publications/coronavirus-covid-19-send-risk-assessment-guidance
 
We have produced this guidance with help from SEND sector organisations, including parent carer forums and representatives, to outline pragmatic approaches that local authorities, educational settings, and parents or carers may wish to take to support children and young people with SEND throughout the coronavirus (COVID-19) outbreak. This guidance updates our existing advice to local authorities on risk assessments to determine which children and young people should be attending their education setting. It now also includes advice on how to approach the phased return to face-to-face education for children and young people with SEND.
 
I want to assure you that safety will always be our primary concern. Local authorities and educational settings should work with families to bring children and young people back to face-to-face education to ensure they receive the support that every child or young person deserves.
 
This new guidance sets out that children and young people with SEND in mainstream and Alternative Provision settings who have not been attending and are in eligible year groups should experience the same return to their school/college or contact with their teachers as their peers without SEND in the same year group. We recognise that each individual child with SEND has their own needs, so decisions should be based on each child’s risk assessment with families and schools working together. Special schools, special post-16 institutions and hospital schools should work towards welcoming back as many children and young people as can be safely catered for in their setting based on risk assessments but not using their year group as a primary deciding factor. Educational settings and local authorities should keep risk assessments up to date, to ensure they are able to offer places to pupils and students, whatever year group they are in, where circumstances have changed.
 
I know that there has been a huge amount of change at this time, so if you want more details, you may also wish to read further guidance including:
 
• Actions for education and childcare settings to prepare for wider opening from 1 June 2020 and actions for FE colleges and providers during the coronavirus outbreak, which sets out the overarching aims and principles of wider opening and the next steps for education and childcare providers.
• Guidance on implementing protective measures in education and childcare settings.
• Guidance on safe working in education, childcare and children’s social care, including the use of PPE in education, childcare and children’s social care settings during the coronavirus outbreak.
• Guidance on isolation in residential educational settings.
• Guidance on supporting vulnerable children and young people during the coronavirus outbreak.
• Guidance on the changes to the law on education, health and care needs assessments and plans due to coronavirus.
 
I realise that whilst the coronavirus pandemic has affected us all, children and young people with SEND and their families have often faced particularly acute challenges. This is why I was happy to announce on 19 May that the Family Fund will receive funding of £37.3 million in 2020-21. The Family Fund provides grants to families on low incomes who have children with disabilities or severe medical conditions, and this funding includes £10 million which has been allocated to help families in response to the Covid-19 pandemic. More details can be found here: https://www.gov.uk/government/news/37-million-to-support-children-with-complex-needs
 
You can also keep up to date by regularly checking the gov.uk webpages and if you want to speak to an advisor from the DfE, please do call the DfE Coronavirus helpline which we have established for local authorities, providers and parents. The number is 0800 046 8687, and lines are open 8am-6pm (Monday – Friday), and 10am – 4pm (Saturday and Sunday).
 
The Council for Disabled Children has also pulled together a wide set of resources to respond to frequently asked questions:
https://councilfordisabledchildren.org.uk/help-resources/resources/covid-19-support-and-guidance.
 
Finally, I would like to express my personal gratitude towards all those in the SEND sector for continuing to care for, teach and support vulnerable children and young people in these difficult times.”
 
There has already been a bit of a backlash to this which is probably best summarised in another article which I saw earlier today on the BBC's website entitled: " Coronavirus: Drop plan to reopen primaries to all pupils, ministers urged", which states:
 
“The first wave of children is due back from Monday but the government wants all primary pupils in class for the last four weeks of term.
 
This ambition piles pressure on schools "when actually it wouldn't be safe", said Emma Knights, chief executive of the National Governance Association.
 
Ministers say the return of all pupils will depend on updated safety advice.
 
Last week the schools minister Nick Gibb told MPs any decision on whether all pupils should return would be led by the science, and no decision had as yet been made.
 
Many schools have been open to the children of key workers and vulnerable children throughout the lockdown, with all the others attempting to follow the primary curriculum at home.
 
From Monday, the government wants all pupils in Reception, Year 1 and Year 6 to return to their classrooms, with no more than 15 pupils per class.
 
This means every class of 30 would have to be spread across two classrooms.
 
Under these rules, if all year groups went back, there would not be enough classrooms in the vast majority of primary schools.
 
Ms Knights has written to the education secretary, Gavin Williamson, "asking him to review and to drop" the expectation that all primary pupils should be back at school for the last four weeks of term.
 
"Unless something dramatic changes very soon in terms of the government's scientific and medical advice, it will simply not be possible for primary schools to invite all pupils back for a whole month of education before the summer holidays," she told the BBC.
 
"Indeed many of them won't be able to invite all pupils back at all before the summer holidays...
 
"It is adding to uncertainty for parents, but also extra pressure on school leaders and governing boards who think that they need to try and do this when actually it wouldn't be safe."
 
Mr Williamson has not as yet responded to the letter.
 
Kerry Hill, head teacher at Eyres Monsell primary school in Leicestershire, told BBC Breakfast that her school would not reopen until the middle of June.
 
She said that even then, it will be closed one day a week to all pupils apart from the children of key workers for deep cleaning. A one-way system will be put in place and any non-essential items that could potentially spread the virus, such as toys and soft furnishings, are being removed.
 
"In our classrooms we can't even fit 15 in and still observe social distancing," she said. "In terms of the logistics, rearranging the entire school and having the available staff to come in and take all of those groups has been incredibly challenging - as well as the logistics of how are we going to do regular cleaning across the day."
 
She added: "It is not just about the safety of minimising risks. We know parents are scared, anxious, and our staff a worried, so we're really trying to put in place measures that help keep that trust and confidence."
 
Just over 2,350 governors shared their plans for the return of pupils with the BBC.
 
Many say, even with the limited numbers due to return in the first phase, they are already having to ask pupils to attend part-time, due to space constraints and the need for deep cleaning to keep the virus at bay.
 
Of the governors who answered a BBC snapshot questionnaire:
 
About four in five said they were able to accept pupils from all the eligible year groups.
 
About a third of the schools are planning rota systems, for example with one half of pupils attending school for two days at the start of the week, and the other half for two days at the end, with a day for deep cleaning in between.
 
There are wide variations in the numbers of parents who have committed to sending their children to school from Monday, with some schools expecting almost everyone, and others just a handful.
 
Of the 2,350 governors asked whether it would be possible to have all pupils back for the last four weeks of term, 1,682 said this was unlikely or very unlikely.
 
"It would be physically impossible to bring all pupils back with reduced class sizes - we do not have the extra classrooms or staff to accommodate them safely," one governor wrote.
 
"It is going to be challenging enough to get Reception, Year 1 and Year 6 pupils back into school, respecting all of the social distancing and also providing spaces for key worker and vulnerable children. This will take up all the classroom space in the school and use up all of the staff who are available," wrote another.
 
However, another expressed frustration at being unable to welcome all children back to school immediately, saying parents "need a break and the children are getting feral".
 
Overall, governors expressed concerns about the pressure placed on themselves and on headteachers by the pandemic.
 
"I can only say that the professionalism of our team has shone through and for everyone's sake we hope the advice is right and that safe and effective learning returns for some and continued remote learning carries on for others," said Nick Horslen, chair of governors at Kings Wood Primary and Nursery School in High Wycombe.
 
"The situation is a long way from ideal but the creativity and determination to help children is the constant priority."
 
Schools in Wales do not have a date for returning and schools in Scotland and Northern Ireland are going back in August.
 
2
 
Again, I'm not going to share any thoughts with you now as I feel a bit conflicted again as I can see both sides of the argument is sometimes you find that both people can be right!
 
One thing I'm sure of though is that this debate is going to continue probably for some time to come.
1.    What has happened this week?
Click here to listen to audio only

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In education news, the issue was again about when schools would reopen and how they would reopen… 
 
On Monday 11th May, the Government issued guidance entitled: “Actions for education and childcare settings to prepare for wider opening from 1 June 2020”…
 
For children and young people with Special Educational Needs, the best summary I found was on the website of the Council for Disabled Children, on a page entitled: “The Department for Education has published new guidance on phased returns to schools, colleges and nurseries” which said:…
 
“By 1 June at the earliest, primary schools in England may be able to welcome back children in key transition years – nursery, Reception, Year 1 and Year 6. In particular, as per the existing guidance on vulnerable children and young people, vulnerable children of all year groups continue to be expected and encouraged to attend educational provision where they can safely  do so…
 
The guidance sets out principles that will apply to the phased return including:…
 
  • Vulnerable children of all year groups continue to be expected and encouraged to attend educational provision where it is appropriate for them to do so (for children with education, health and care (EHC) plans this will be informed by a risk assessment approach)…
 
  • Children, young people and staff who have been classed as clinically extremely vulnerable due to pre-existing medical conditions have been advised to shield. They are not expected to attend school or college, and they should continue to be supported to learn or work at home as much as possible…
 
  • If a child or young person lives in a household with someone who is extremely clinically vulnerable, as set out in the guidance on shielding, it is advised they only attend an education setting if social distancing can be adhered to and, in the case of children, if they are able to understand and follow those instructions. This may not be possible for very young children and older children without the capacity to adhere to the instructions on social distancing. If stringent social distancing cannot be adhered to, those individuals are not expected to attend. They should be supported to learn or work at home…
 
The guidance sets out a range of protective measures to ensure education settings remain safe places including:…

- reducing the size of classes and keeping children in small groups without mixing with others…
- staggered break and lunch times, as well as drop offs and pick ups…  
​- 
increasing the frequency of cleaning, reducing the used of shared items and utilising outdoor space.”…​
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But there then followed a bit of a backlash. In an article on the BBC’s website entitled: "Class size of 15 pupils when primary schools return", it said: …
 

“There is an "ambition" for all primary school children in England to spend a month back at school before the summer holidays, says the government's updated Covid-19 guidance…
 
But to support social distancing there will be class sizes of no more than 15 pupils, staggered break times and frequent hand washing…
 
The National Education Union rejected the reopening plans as "reckless"…
 
Prime Minister Boris Johnson, in his televised address on Sunday, said if the level of infection remained low enough, children in Reception, Year 1 and Year 6 in primary schools might begin to return, from 1 June "at the earliest"…
 
Further guidance on Monday announced plans to widen this to all primary year groups, including early years settings and childminders - but with strong warnings of delays if "insufficient progress is made in tackling the virus"…
 
The decision to make Reception, Year 1 and Year 6 the first classes to return was "to ensure that the youngest children, and those preparing for the transition to secondary school, have maximum time with their teachers"…
 
Details set out by the Department for Education show classes will be divided into groups of no more than 15 pupils - and these small groups will not mix with other pupils during the school day…
 
The guidance says pupils should be kept two metres apart if possible - but it accepts that young children cannot always be expected to keep that distance apart, from each other or staff…
 
There will be staggered break and lunch times, and different times for starting and finishing the school day…
 
Children will be encouraged to wash their hands often, cleaning of rooms will be more frequent and schools will be encouraged to use outdoor spaces…
 
But the wearing of masks is not recommended, for either pupils or teachers…
 
This follows the pattern of a return of schools in Denmark, which has used a system of teaching children in small groups which are kept separate from each other and where there is regular hand washing…
 
Secondary schools and further education colleges are likely to stay closed until September - apart from pupils with exams next year, who will get more help in addition to their current online lessons…
 
Schools and colleges are told to "prepare to begin some face-to-face contact with Year 10 and 12 pupils who have key exams next year"…
 
But Labour's Shadow Education Secretary Rebecca Long-Bailey said the government needed to address teachers' "concerns, anxiety and confusion"…
 
"There is no information about how social distancing will work in schools, how teaching and support staff, pupils and parents will be protected from the virus, how small class sizes will be achieved."…
 
More than 400 thousand people have signed an online petition urging the government to give parents a choice on whether they send their children back to school this term…
 
But it is understood that parents who decide to keep their children at home will not face fines for non-attendance…
 
At present, parents who are key workers have the option of sending their children to school, but there are no penalties for those who have not taken up places…
 
This temporary arrangement during the coronavirus crisis will also continue for the year groups going back to school…
 
"As a mum, I don't want to face serious repercussions for making a choice I feel affects the safety of my daughter during a global pandemic," said petition organiser, Lucy Browne…
 
When schools were kept open for key workers' children, there were worries that too many would turn up. But in practice the opposite happened, with lower numbers than anticipated…
 
The latest guidance says 2% of pupils are currently going to school - and with no fines and lessons likely to be complicated by social distancing, it remains to be seen how many children will return…
 
But it will give more parents an option for going back to work - and children might be relieved to get out and see their friends again…
 
Speaking at the government's press conference on Monday evening, the chief medical officer for England, Prof Chris Whitty, said the risks of coronavirus were "very, vey low in children in contrast to other infectious diseases"…
 
He said the question was whether re-opening primary schools would lead to a "significant upswing or a change in the R"…
 
"The view is that if it's done very carefully, slowly, it is very unlikely to do that - but it has to be done very carefully…
 
"Teachers and parents are understandably concerned about individual risk and that's very much what we're consulting on at the moment with the profession, and it is very important that we have a proper debate around that, to make sure people understand that we can do many things to reduce the risk."…
 
"This timetable is reckless. This timetable is simply not safe," says Mary Bousted, co-leader of the biggest teachers' union, the National Education Union…
 
She said the reopening plans had "stoked teachers' anxiety and triggered real confusion because the announcement is inconsistent on the importance of social distancing and how or whether it can be achieved in schools"…
 
"The profession has got very serious concerns about that announcement of 1 June - whether indeed it is possible to achieve it, but also how to achieve that in a way which is safe for pupils and staff," said Patrick Roach, leader of the N.A.S.U.W.T teachers' union…
 
Paul Whiteman, general secretary of the school leaders' union NAHT, said the ambition to return all primary pupils within the next seven weeks was "wildly optimistic, to the point of being irresponsible"…
 
"School leaders do not want to see classrooms empty for a day longer than they need be - but there is not a school leader in the land who wants to risk admitting more pupils unless it is safe to do so."…
 
Many parents on the BBC's Family and Education Facebook page expressed concerns over safety…
 
Kirsty Smith said: "I have a Reception-aged child and then three others in years that aren't going back…
 
"First thing my youngest will want to do is give her teacher and friends a hug - she's five…
 
"Telling a child 'no this no that' is going to make them think they're constantly doing wrong by doing things that are natural to them…
 
"They may split the classes and stagger lunch times but they won't be able to sanitise every pencil, toy, lunch table even before the next child uses it."…
 
Gurmeet Bhachu added: "No, my child is not going back to school until it is absolutely safe for them and teachers."…
 
Louise Richards said: "Many children are in families with at risk members. They can't go back. It will simply disadvantage those and put the rest at risk."…
 
Suzanne Mattinson said she would not send her child back to school until there was a vaccine…
 
"If my hand is forced, I'll remove him formally and home school."…
 
In Wales, the First Minister Mark Drakeford has said: "We're not going to be reopening schools in Wales in the next three weeks, or indeed in June," he said…
 
In Scotland, it seems unlikely that schools will re-open before the summer holidays, with most schools due to break up before the end of June…
 
In Northern Ireland, Education Minister Peter Weir has spoken of a possible phased return of schools in September.”…


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There was also criticism from teaching unions. In another article on the BBC’s website, entitled: “'Not safe to reopen schools,' warn teachers' unions”, it said:…
 
“Plans to reopen primary schools in England do not have adequate safety measures and need to be halted, warns an alliance of school teachers' unions…
 
A joint education union statement called on the government to "step back" from a 1 June start date…
 
In the House of Commons, Education Secretary Gavin Williamson warned against "scaremongering" over safety…
 
But his department's chief scientific adviser cast doubt on suggestions the virus spreads less among children…
 
Mr Williamson, facing questions from MPs on reopening schools, rejected fears over safety and said it was the most disadvantaged who were losing out from schools being closed…
 
"Sometimes scaremongering, making people fear, is really unfair and not a welcome pressure to be placed on families, children and teachers alike," he told MPs…
 
Mr Williamson said that pupils, like teachers, would be a priority for testing if they or their families showed symptoms…
 
The Liberal Democrats' education spokeswoman, Layla Moran, challenged the education secretary to publish the scientific evidence on which the return to school was based…
 
But the Department for Education's chief scientific adviser, Osama Rahman, appearing before the Science and Technology Committee, said decisions around opening schools, such as which year groups went back first, had not been taken by the department…
 
Asked whether he had assessed the safety guidance given to schools and how it might be implemented, the DFE's scientific adviser told MPs: "I haven't."…
 
As such he was unable to say what evidence was behind the decision to reopen schools - or to say how many under-18s had died from the virus…
 
And Mr Rahman told MPs there was only "low confidence" in evidence suggesting that children transmit Covid-19 any less than adults…
 
"As a former teacher listening to this I don't think the profession is going to be at all satisfied by what they are hearing at the moment," said Scottish National Party MP Carol Monaghan…
 
Patrick Roach, leader of the N.A.S.U.W.T teachers' union, said the DFE adviser's comments were "truly shocking and disturbing"…
 
The Department for Education later circulated a letter from Mr Rahman in which he said he had been "closely involved" in advising on reopening schools - and that he had "full confidence in in the plan to reopen education institutions for all the reasons set out by the government"…
 
In their joint statement, nine unions, including the National Education Union and the National Association of Head Teachers, rejected the plans for a phased return of primary school pupils after half term - saying it was still too early to be safe…
 
The unions called for a delay until a "full roll-out of a national test and trace scheme" was in place and there were extra resources for cleaning, protective equipment and risk assessments…
 
The joint statement said that "classrooms of four and five-year olds could become sources of Covid-19 transmission and spread"…
 
"We call on the government to step back from the 1st June and work with us to create the conditions for a safe return to schools."…
 
But Mr Williamson told MPs that opening schools was the "responsible" course of action, now the virus was "past the peak" and that safety was uppermost in how it was being planned…
 
"The best place for children to be educated and to learn is in school," he said, particularly for the disadvantaged who would be most likely to fall further behind…
 
Instead of a fixed date for a return, Labour's shadow education secretary, Rebecca Long-Bailey, argued that schools should reopen only when there was clear evidence it was safe…
 
"The guidance provided so far does not yet provide the clear assurances over safety that are needed," she told MPs…
 
She said that families were still worried about the implications of pupils going back to school, such as for relatives who might have illnesses…
 
In Wales, the First Minister Mark Drakeford has said schools would not open on 1 June…
 
In Scotland, it is not expected that schools will re-open before the summer holidays…
 
In Northern Ireland, Education Minister Peter Weir has spoken of a possible phased return of schools in September.”…

​2.    What does this all mean?

Again, it’s a very difficult one, isn’t it?
 
I really appreciate how important it is for children to be able to get back into education as soon as possible, but I am very concerned that there are many pressures being applied to  try to get children back into schools before things are ready for them and it is safe to do so. 



3.    Where can I find further information?

There isn't really much more that I can say in this update now.

However, as I always like to do at the end of my updates, I would again remind you of the very useful resources and information provided on the following websites:

 
- IPSEA
- Council for Disabled Children
- Contact
- Scope  
- Special Needs Jungle

 
I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN.

Remember also, that there are other videos on this website, especially the one at the top of this page which explains the coronavirus and its effect clearly to children.

Keep safe until next week.

With best wishes
 
Douglas

P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them.

P.P.S.  I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk.

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