Consultation outcome

Equalities impact assessment: area SEND framework and handbook

Updated 29 November 2022

Introduction

In this equalities impact assessment, we (Ofsted and the Care Quality Commission (CQC)) set out how the area SEND framework will fulfil the requirements of the Equality Act 2010, including the public sector equality duty (PSED) set out in section 149 of the Equality Act 2010.

The PSED requires that Ofsted and the CQC, when carrying out their functions, have regard to the need to:

• eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010

• advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it

• foster good relations between persons who share a relevant protected characteristic and persons who do not share it

We have updated this statement to reflect the feedback received through the consultation. We have set out our assessment of the equality, diversity and inclusion implications of the new framework. This statement is published alongside our response to the consultation and the final version of the inspection framework and handbook.

The area SEND inspection system

The area SEND framework and handbook explain the purpose and principles of inspection, the statutory basis and the inspection approach.

The area SEND inspection system includes:

• full inspections, which evaluate and report on the impact of the local area partnership’s arrangements on children and young people with special educational needs and/or disabilities (SEND)

• monitoring inspections, which evaluate and report on the progress local area partnerships are making in addressing any areas for priority action that Ofsted and the CQC found at full inspections; monitoring inspections may also be carried out at the discretion of Ofsted and the CQC where serious concerns have been identified

• engagement meetings between Ofsted and the CQC’s representatives, and representatives of the local area partnership

• SEND thematic visits to a sample of areas; these visits investigate a particular aspect of the SEND system in depth, and share learning in a national report

How the proposals may affect people in terms of protected characteristics and how they meet the 3 PSED aims

We have considered how the framework and handbook, and subsequent inspection activity, could have an impact on individuals or groups of people with protected characteristics. We have found that the following protected characteristics are of particular relevance:

• age

• disability

• race

• sex

We also considered how far the new inspection activity and the associated inspection framework and handbook would satisfy the 3 parts of the PSED.

Children and young people with SEND

Children and young people with SEND are a varied group. While some special educational needs (SEN) equate to or coexist with a disability, others do not. The purpose of the framework for area SEND inspections is to help improve the local area’s arrangements for all children and young people with SEND aged 0 to 25. We anticipate that the inspection activity will have a positive impact on disabled children and young people.

The latest data from the Department for Education about children and young people with SEND notes the following:

• Certain ethnic groups are more likely to have an education, health and care (EHC) plan than others. Based on data published in January 2022, the highest percentage of pupils with an EHC plan were Travellers of Irish heritage (5.7%) and the second highest were Black Caribbean pupils (5.4%). Chinese pupils had the lowest percentage of pupils with an EHC plan, at 2.3%. The overall percentage of pupils with an EHC plan was 4%.^{[footnote 1]}

• More boys than girls are identified as having SEN. In January 2022, 72.7% of pupils with an EHC plan were boys, and 63.5% of pupils receiving SEN support were boys.^{[footnote 2]}

Research has found that when children and young people’s protected characteristics overlap with their special educational needs and/or disabilities, it may affect how some groups experience their local area’s SEND system. For example:

• Some ethnic groups may be significantly more, or significantly less, likely to have SEND than White British pupils.^{[footnote 3]}

• There may be inconsistencies in the identification of, and help available for, girls and women who have SEND, including disorders such as autism spectrum disorder, dyspraxia and attention deficit hyperactivity disorder.

Eliminating discrimination

The area SEND framework and inspections are intended to help improve local area SEND systems. Inspections will evaluate the impact of the local area partnership’s strategy and commissioning on the experiences and outcomes of children and young people with SEND. As part of this, inspectors will assess how far the local area complies with the relevant legal duties as set out in the Equality Act 2010.

Not all children and young people with SEND have a disability, but there are other protected characteristics that inspectors will consider during inspections. Inspectors will evaluate whether all children and young people with SEND receive help that is of a consistently high quality, and is appropriate for them. More information about how inspectors evaluate impact is set out in the area SEND framework and handbook.

When developing the framework, we engaged with a range of stakeholder groups that represent children and young people with SEND, including children and young people themselves, SEND organisations and academics, to develop inspection guidance that has informed our understanding of how local area SEND arrangements affect different groups of children and families.

Inspectors will carry out tracking and sampling activities to gather evidence about specific children and young people’s experiences and journeys through the SEND system, and to gather evidence about the experiences of specific groups of children and young people. When choosing which children and young people to track or sample, inspectors will consider the demographic make-up of the local area, including protected characteristics, and any issues that are specific to the local area.

In addition, the parent/carer and young people’s surveys will give children, young people and families the chance to discuss their experiences of local SEND arrangements. The survey for children and young people will include questions about relevant protected characteristics. We will monitor responses to identify trends across areas over time, and evaluate from the participation of groups with different protected characteristics.

Advancing equality of opportunity

One of the aims of the new area SEND framework is to ensure that local areas are helping all children and young people with SEND to have ambitious educational, health and care outcomes. In doing this, the framework and handbook should ensure that inspection activity focuses on advancing equality of opportunity between children and young people with SEND and their peers.

Our research has indicated that there is a continuing lack of ambition for children and young people with SEND in education. The 2021 report ‘SEND: old issues, new issues, next steps’ found that their attendance at school remained below the national average, rates of exclusion were high and only a small minority of young people ended up in sustained employment.^{[footnote 4]}

The evaluation criteria in the area SEND inspection framework reinforce the principle that local areas should have high expectations for children and young people with SEND, just as they do for their peers.

However, we know that children and young people have different experiences of their local SEND system, and that these may be affected by how some of the protected characteristics intersect with their SEND.

Research has found unequal representation of ethnic minorities in special education in England. Black Caribbean and Mixed White and Black Caribbean pupils were much more likely to be identified as having social, emotional and mental health needs (SEMH) than White British pupils. Meanwhile, pupils from all Asian groups were less likely to be identified as having SEMH and autism spectrum disorder than White British pupils.^{[footnote 5]}

There is also a disparity between the sexes. Boys are more likely to receive SEN support and have an EHC plan than girls. Additionally, various studies show that boys and men are 3 times more likely to be diagnosed with autism spectrum disorder than girls and women.^{[footnote 6]} There is a further disparity related to alternative provision, as boys make up nearly three quarters of the pupils educated in these settings.^{[footnote 7]}

As outlined in the previous section, inspectors will gather evidence during inspection to evaluate how far the local area is providing the right help for children and young people with SEND. In doing so, inspectors will work with local partners to ensure that the samples reflect different SEND types and take account of local demographics. By evaluating different experiences of the SEND system, inspectors will be able to find out where services for particular groups need to be improved. This should have a positive impact on all children and young people with SEND.

In addition, inspectors will consider whether the local authority has an effective strategy and system for commissioning alternative provision for all children who are educated in those providers. In particular, this will benefit children and young people from Black Caribbean, White and Black Caribbean and Gypsy, Roma and Traveller backgrounds, who are more likely to be educated in alternative providers.^{[footnote 8]}

Fostering good relations

Ofsted and the CQC have identified the features of effective local SEND arrangements from research, inspection evidence and consultation with children, young people, families, leaders and practitioners. We have used these features to create the evaluation criteria that inspectors will use to judge the effectiveness of the local area partnership’s arrangements for children and young people with SEND. Through their inspection activities, inspectors will hear about the experiences of local people from different backgrounds and communities, and will engage with children and young people with different needs and protected characteristics.

Monitoring and evaluation

We believe that we have given full and appropriate consideration to all elements of the PSED. The consultation process on the proposed new arrangements has provided an opportunity for all stakeholders to raise any concerns they may have in relation to equality, diversity and inclusion.

We have revised this statement, as well as the area SEND inspection framework and handbook, to respond to the feedback we received as part of the consultation.

1. ‘Special educational needs and disability: an analysis and summary of data sources’, Department for Education, June 2022. ↩

2. ‘Special educational needs in England, Academic Year 2021/22’, Department for Education, June 2022. ↩

3. S Strand and A Lindorff, ‘Ethnic disproportionality in the identification of special educational needs (SEN) in England: extent, causes and consequences’, University of Oxford, 2018. ↩

4. ‘SEND: old issues, new issues, next steps’, Ofsted, 2021;. ↩

5. S Strand and A Lindorff, ‘Ethnic disproportionality in the identification of special educational needs (SEN) in England: extent, causes and consequences’, University of Oxford, 2018. ↩

6. R Loomes, L Hull and W Mandy, ‘What is the male-to-female ratio in autism spectrum disorder? A systematic review and meta-analysis’, in ‘Journal of the American Academy of Child and Adolescent Psychiatry’, Volume 56, Issue 6, June 2017, pages 466 to 474. ↩

7. ‘Schools, pupils and their characteristics, 2020/21’, Department for Education, 2021. ↩

8. Schools, pupils and their characteristics, 2020/21, Department for Education, 2021. ↩