Thursday, 20 March 2014

Week 21: Inclusive Practice - Legislation

This weeks lesson summarised the earlier weeks and took a deeper look at the existing legislation and we were tasked to write a report that summarises the policy and regulatory frameworks that guide inclusive practice.

This lesson formed the basis for the following summary. During the lesson we discussed and researched the main areas of the summary requirement. Four areas were under discussion:

  1. The Equality Act
  2. The Tomlinson Report
  3. The Human Rights Act
  4. Access for All


The Summary - To address criteria (2.1, 2.2, 2.3)


1. The Equality Act:

The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society.
It replaced previous anti-discrimination laws with a single Act, making the law easier to understand and strengthening protection in some situations. It sets out the different ways in which it’s unlawful to treat someone.
Before the Act came into force there were several pieces of legislation to cover discrimination, including:
  • Sex Discrimination Act 1975
  • Race Relations Act 1976
  • Disability Discrimination Act 1995

The following characteristics are protected characteristics—
age;
disability;
gender reassignment;
marriage and civil partnership;
pregnancy and maternity;
race;
religion or belief;
sex;
sexual orientation. 
Discrimination can be Direct (Overt) or Indirect (Covert).

Example of Direct:
A person (A) discriminates against another (B).
ie: (A) discriminates against (B) because they are Woman. (A) may feel (B) as a woman is unable to carry out a given task as well as a man might and directly implies such.

Example of Indirect:
A person (A) discriminates against another (B) by applying a proviso or criteria. A potential employer might suggest that the successful candidate would ideally be: male, white.

This legislation has a huge influence on teaching practice and it's extremely important that we, as teachers are thoroughly familiar with the legislation and make it part of teaching practice. It has played a strong influencing factor in my teaching practice both at Horticare and more recently at Kendal College. We did some earlier work on this and other aspects of legislation, there is a small presentation there too.


2. The Tomlinson Report

The Tomlinson Report is designed to develop a more Inclusive Practice in FE. It found that there needs to be an adequately funded, nationally co-ordinated staff training initiative for inclusive learning to cover teacher training, management training and organisational development. To encourage the production of long term strategy and action plans on inclusive learning, along with inclusive learning managers. FE funding reviews and methodology should promote inclusive learning and participation, including the measuring of progress toward inclusive learning through self assessment. That there should be inspections of how colleges provide learning which is inclusive. A national framework will recognise all student achievements within a national framework which gives value to their learning.

The Tomlinson Committee's Report Inclusive Learning is based on evidence from providers, parents, carers, organisations and services and is strongly influenced by the views and experiences of students. It finds that while some colleges have made great strides towards an inclusive approach, overall the quality of learning for students with disabilities and/or difficulties is poorer than for other students, and many disabled people are not receiving any further education at all.

The report sees an individually-designed learning environment or 'learning eco-system' as the best way of securing this match between provision and individual learning styles and goals. An individual learning environment would have the following components:
  • an individual learning programme
  • a curriculum which promotes progress
  • in learning
  • effective teaching
  • counselling, guidance and initial
  • assessment
  • opportunities for students to discuss
  • and manage their own learning
  • support for learning
  • support for learners such as creche
  • facilities
  • procedures for assessing, recording and
  • accrediting achievement
  • learning materials and resources
  • technical aids and equipment
  • learning technology
  • trained staff
  • physical surroundings, for example
  • teaching rooms, canteen and library

The Tomlinson Report (1996) promoted a student-centred approach that makes learners’ individual needs the starting point for developing a responsive, ‘tailor-made’ curriculum. Instead of the learner having to fit in with existing provision, Tomlinson makes the case for fitting the provision around the needs of the learner:
By inclusive learning we mean the greatest degree of match or  fit between how learners learn best, what they need and want to learn, and what is required from the sector, a college and teachers for successful learning to take place. Tomlinson 1996

This involves identifying learners’ specific and additional needs, providing resources and appropriate support, meeting their  preferred learning styles and giving them access to fair assessment. Although the report focused in particular on ways of helping students with learning difficulties or disabilities to succeed, it highlighted  the relevance of inclusive approaches to all adult learners. Equality and diversity in adult and community learning

This legislation is a very important foundation on which to build a learning program. Certainly during my practice at Horticare, did inclusive practice play a large part of lesson plans and teaching practice. Organisationally, Horticare is very much about Inclusive Practice. Teaching at Kendal College is influenced by this legislation too. Interestingly though, an earlier assessment we did during a lesson, established that Kendal College did not currently address Inclusive Practice for some: Eg; Deaf and Blind, we found would be particularly disadvantaged at Kendal - This is further addressed in the section 'Access for All'.



3. The Human Rights Act

Came in to force in the UK in October 2000. Is also known as The Act or the HRA. It is composed of a series of sections that bring the protections of the European Convention of Human Rights into UK law. All public bodies (The courts, Police, Government, Schools...) and other public bodies carrying out public functions have to comply with these rights.

The Act sets out fundamental rights and freedoms that individuals in the UK have access to:


  • Right to Life
  • Freedom from torture and inhuman or degrading treatment
  • Right to liberty and security
  • Freedom from slavery and forced labour
  • Right to fair trial
  • No punishment without law
  • Respect for your private and family life, home and correspondence
  • Freedom of thought, belief and religion
  • Freedom of expression
  • Freedom of assembly and association
  • Right to marry and start a family
  • Protection from discrimination in respect of these rights and freedoms
  • Right to peaceful enjoyment of your property
  • Right to education
  • Right to participate in free elections
An interesting enquiry can be seen here On page 7 of that document there are some positive and encourage comments made about the effects of the legislation in schools.

Some notes on education:
Everybody has the right to an effective education. Parents also have the right to ensure that their religious and philosophical beliefs are respected during education, though it is not an absolute right (an education authority can depart from them but only if there are good reasons for doing so and it has been done in an objective, critical and pluralistic way). The right to an education however, does not give you the right to learn whatever you want, whenever you want. The right to education relates to 'the education system' that already exists. It does not require the government to provide or subsidise any specific type of education. The government is allowed to regulate the way education is delivered.

During our classroom discussion we also watched this video:



The Human Rights Act and it's associated legislation is fundamentally one of the most important pieces of legislation currently in use in the UK and absolutely without question it has to be considered within teaching. It's principles should always influence our teaching practice. Whilst the law sets out rights for everyone, we do well to remember that with rights comes responsibility and accountability. For example, The Human Rights Act gives: Freedom of Expression, however that right has to be exercised in consideration of the other sections of the Law and indeed other form of legislation such as The Equality Act.


4. Access for All

Access for All and ESOL Access for All were developed to support teachers using the adult core curricula in literacy, numeracy and ESOL who had learners with learning difficulties or disabilities in their classes.

Learners with learning difficulties or disabilities have a wide range of
strengths and weaknesses, which may affect their learning in different
ways and to varying extents.
It is important to acknowledge that these differences exist and that
learners with the same disability may have very different needs.
It is important to address the individual strengths and weaknesses of
learners in planning learning and in determining teaching approaches.
When working with learners with a learning difficulty or disability, it is
important not to focus on the specific disability, but to follow certain
generic principles.

● Focus on what makes people individuals, not on their conditions.
● Don’t assume you know what the implications of a disability are; ask the
learners themselves, and listen to what they say – they are the experts on
the effects of their learning difficulty or disability.
● Understand the social dimension of disability – the implications of an
impairment are the effects it is allowed to have in current circumstances,
and these circumstances can change.
● Be aware of your own attitudes – it is often staff attitudes (eg patronising
behaviour, pity or embarrassment) rather than an individual’s disability
that can create barriers.

There is a world of difference between, on the one hand, offering
courses of education and training and then giving some students
who have learning difficulties some additional human or physical aids
to gain access to those courses, and, on the other hand, redesigning
the very process of learning, assessment and organisation so as to
fit the objectives and learning styles of the students. FEFC 1996, p4


Earlier we mentioned the 'Access for All' at Kendal College is far from ideal. During a practical session in one of our lessons (Level 4 Cert. in Education and Training) we experimented at being Blind and Deaf. Particularly for the Blind, would Kendal College be totally unsuitable. Some of us in the class (including myself) use BSL and are familiar with deaf culture. Whilst the situation for potential deaf students isn't as dangerous as in the case for the blind, nevertheless, there is little provision made for either case.

This legislation formed an important point for consideration at Horticare and it was important there to use differentiation in the development of lessons. To take on board any expressed difficulties expressed by the students and to make changes to meet those needs where appropriate.

Some key points of this legislation are:

• • Understand that you have a shared responsibility to contribute to the development
of an inclusive culture. Seek advice and information pro-actively about what you can
do to promote change through your role, using internal and external sources.

• • Recognise that working towards an inclusive culture is an incremental and
ongoing process of enhancement and as such the undertaking is never complete.

• • Ensure equality and widening participation is routinely considered as part of all
institutional functions, activities, processes and future plans.

• • Actively seek to engage students in developing inclusive practice and recognise
them as partners and key change agents in developing an inclusive culture.
Foster positive relationships with students in order to ensure your individual
practices and approaches are effective in promoting the success of all students.

• • Look for opportunities to enter into dialogue and discussion about the meaning
and implications of inclusion with colleagues.

• • Engage in a range of activities (such as continuing professional development;
events; advisory/action groups; research; self-assessment tool kits) to promote
your understanding and use of effective inclusive practice. Use such activities as
an opportunity to share effective practices and experiences with colleagues, as
well as to reflect on any personal prejudices or misassumptions you may have
about particular equality or student groups.



Lynn Machin, Duncan Hindmarch, Sandra Murray & Tina Richardson (2013). A Complete Guide to the Level 4 Certificate in Education and Training. Nothwich: Critical Publishing.

Geoff Petty. (2009).  Nelson Thornes Teaching Today. Cheltenham: Nelson Thornes









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