There are many areas in which Traveller Education Services and Education Welfare Services need to work co-operatively to ensure equal opportunities for Traveller children in education.
This booklet aims to highlight a number of the issues which are of common concern to both Services. It details the relevant legislation and also suggests some strategies for good practice.
The text of the booklet has been agreed through joint training sessions between the Traveller Education Service and the Education Welfare Service in Devon, Plymouth and Torbay.
In the summer of 1999 a new post was created within the Traveller Education Service, that of Specialist Education Welfare Officer. The postholder acts as a link between the Traveller Education Service and the Education Welfare Services in Devon, Plymouth and Torbay. Working as a back up and support to both the Advisory Support teachers in DCTES and the EWOs in the three authorities, the specialist EWO is responsible to the head of the Traveller Education Service on all matters related to the education welfare provision for Gypsies and Travellers.
The Specialist EWO takes an overview of education welfare issues and needs and is responsible for termly monitoring of Traveller attendance at schools in the consortium area. The postholder also has a responsibility for assisting with the setting of targets and the work towards achieving them.
She contributes to the training programme provided by the TES promoting good practice in working with Traveller families and liasing with EWS managers on matters of local practice and procedure.
Liaison with other agencies such as Health, Careers/Connexions. Youth and Community, Social Services, Youth Offending Service and Police is also an important part of the role as it is for all EWOs.
While it is expected that the EWOs continue to work with the Traveller families in their areas as before, the specialist EWO is able to provide additional input in cases of a complex nature or where some intensive support is required. She can also provide an immediate response to the needs of highly mobile families.
The Issue
There are several separate and distinct Traveller groups. Some with an ethnic identity and others who are Travellers because of their mobility. Some will be Travellers by reason of both ethnicity and mobility.
Gypsy Travellers, Irish and Scottish Travellers – have ethnic identities each with a shared heritage and long established cultural traditions. Families from these groups may be settled and living in housing, have their own private sites, live on local authority sites or have no legal place to stop at all. Individual families may move between sites, housing and the roadside. They may travel widely all year round, seasonally or just occasionally.
Fairground Travellers – will most likely have a regular winter base in one area with local schools to which the children return annually. Their travelling season may be from March to November or even longer. A few families will travel away for just a small part of the main season.
Circus Travellers– may have a winter base to which they regularly return. Others will be on tour throughout the year. Circus is an international business so there may be several nationalities within an individual circus, which raises language issues also.
New Travellers – some families, for separate and individual reasons, have taken up nomadic lives in the present generation. They may settle for periods in one area or travel widely. There are few legal stopping places for New Travellers.
Roma - Roma is the name by which Eastern European Gypsy groups choose to identify themselves. Some families are seeking asylum in this country, but none have yet identified themselves in the consortium area.
The Law
There are no satisfactory legal definitions of travelling groups but an LEA’s duty to provide education extends to all children residing in their area, permanently or temporarily: The DfEE circular on Traveller education 11/92, para. 9 says "The duty thus embraces in particular Traveller children".
The Race Relations Act (1976) encompasses Gypsy Travellers as an ethnic minority.
Section 444 of the 1996 Education Act applies equally to all families in its requirement to ensure children’s education in school or otherwise.
Good Practice/Strategies
The Issue
It cannot be assumed that Travelling families will be able to gain access to schools as readily as others due to inadequate site provision and the scarcity of school places in some areas. Illegal camping can result in swift eviction and difficulty of continuity in school attendance.
Some Travelling families do not automatically seek access to school for their children. After experiencing denial of access, hostility and prejudice for generations, families may be reluctant to place their children in what they see as potentially hostile environments.
The Law
1994 Criminal Justice Act makes unauthorised camping a criminal offence and gives the police strong powers for speedy eviction.
Education Act 1996 Section 14 places a duty on the LEA to provide a school place for all pupils, with an education relative to age ability, aptitude and special educational needs. This duty extends to all children whether residing permanently or temporarily in the LEA area.
Education Act 1996 Section 444 (1-7) places a parallel duty on all parents to ensure regular attendance at school or to make alternative arrangements.
No child may be refused access to a school if places are available (unless agreed selection criteria apply).
New legislation limiting infant class sizes to 30 may diminish schools’ ability to offer access to travelling families. However, DfEE – "Guidance for LEAs on preparing statements about reducing the size of Infant Classes" states that Traveller children may be exceptions to this ruling and may be given temporary places in schools as they travel. In December 2000 a letter was sent to Traveller Education Services clarifying this issue. (See Appendix I)
Good Practice/Strategies
The Issue
This is a DfEE national scheme which provides a parent held card to facilitate swift transfer of educational records between schools. It is only useful if parents and schools know about it, recognise its value, trust the scheme, use it and promote it. There is current discussion about whether to extend the scheme to include parent-held educational records (as health records) to avoid continual reassessment of children as they travel. Many Fairground Traveller children already carry record books with their distance learning packs.
The Law
Use of the ‘green card’ is entirely voluntary. The DFEE is currently consulting about whether to record children’s Gypsy/Traveller status on the Form 7 return from January 2002 in order to monitor the achievement of Traveller groups more readily. Also the DFEE has introduced Unique Pupil Numbers (UPNs) to monitor the progress of each individual child through a central database.
Good Practice/Strategies
The Issue
Many Travelling families have a regular base in a particular place and whilst they may work away and travel seasonally, there is always an intention to return to that base previously. If the children attend other schools for short periods as they travel, they had to be removed from the base school roll, as dual registration was not allowed in law. There was no guarantee that there would be a place for them in their base school when they returned and the continuity of their education could be further disrupted.
The Law
Dual registration of Traveller children (amending regulation 6, Education Act 1996).
From 1st January 1998 the law allowed Traveller children to be dually registered. The school that they normally attend when not travelling is regarded as their base school. They can register at other schools temporarily while away from their base school. Base schools must keep a place open for Traveller pupils who are travelling, and record their absence as authorised while they are away travelling, suggested with the code (T).
Good Practice/Strategies
The Issue
If the children are to reach high standards of achievement, ensuring full school attendance should be the aim for all Travelling families. Nevertheless the circumstances of travelling, cultural factors and the previous educational experience of both children and their parents may mean that levels of attendance can fall below desired levels.
The Law
The special position of Traveller families was recognised by section 199 of the Education Act 1993 and confirmed by the 1996 Education Act subsection 6 of Section 444. Traveller parents are protected from conviction if the parent can demonstrate that:
The purpose of this section is to protect Traveller parents from unreasonable prosecution for the non-attendance of their children at school. It does not mean that part-time education for Traveller children is legally acceptable, nor does it relieve parents of their duties under section 7 and 444 of the Education Act 1996 to ensure that children are receiving suitable education when not at school.
Good Practice/Strategies
The Issue
Categorising absence accurately is important both for the school and the family. For the school it may affect their position in the league tables and for the family it may lead to enforcement action including prosecution.
The Law
The DfEE School Attendance Policy document allows absence whilst the child is travelling away on family business or for cultural reasons to be marked as authorised suggested with the code (T).
(T) stands for Travelling, not Traveller.
Where Traveller children are on site or in a house and not attending school, the law is the same as for anybody else and the particular circumstances should be investigated.
Distance learning is not currently recognised as an approved educational activity off site so cannot be marked as such.
Good Practice/Strategies
The Issue
It is difficult to provide educational continuity for some Fairground and Circus Traveller children, who travel to many different locations for short periods of time during their travelling season. Therefore Traveller Education Services have worked with the winter-base schools of such children to develop distance learning schemes. In these schemes children take packs of work away from their base schools with them when they begin to travel and exchange these packs regularly while they are away.
School-based distance learning schemes are to provide continuity between schools, they are not an alternative to school.
Distance Learning Packs are only provided for children who have to be away from school because their parents are travelling.
The Law
The special position of Traveller families was recognised by Section 199 of the Education Act 1993 confirmed by the 1996 Education Act subsection 6 of Section 444, which protects Traveller parents from conviction if the parent can demonstrate that:
The purpose of this section is to protect Traveller parents from unreasonable prosecution for the non-attendance of their children at school. It does not mean that part-time education for Traveller children is legally acceptable, nor does it relieve parents of their duties under Section 7 of the Education Act 1996 to ensure that children are receiving suitable education when not at school.
Good Practice/Strategies
The Issue
A parent has the duty to ensure the education of their children but it does not have to be by regular attendance at school if other arrangements are made which are considered satisfactory. Some Traveller families are opting not to use schools, but may not be meeting the full requirement for "education otherwise". It is very difficult to monitor the provision which is being made when families are mobile.
The Law
Education Act 1996, Section 7 imposes the duty on parents to secure the education of their children:
"It shall be the duty of the parent of every child of compulsory school age to cause him to receive efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have either by regular attendance at school or otherwise".
Good Practice/Strategies
If the LEA is aware of parents choosing to educate their children at home, it has a statutory duty to monitor the provision. If the provision is judged inadequate then a School Attendance Order may be issued. (See Appendix II for School Attendance Order procedure).
The court may impose a Parenting Order when a parent/guardian has been convicted under the Education Act 1996, Section 443 (failure to comply with a School Attendance Order). (See Appendix III)
Traveller children have access to this provision if necessary as all other children
The Issue
Up to the present generation, secondary education has not been considered the norm for many Traveller families. Traditionally, many Travellers consider that education within the family is much more important and relevant at this age (13+). Some families will resist transfer from primary school completely or may condone absence from secondary school increasingly as the child gets older.
The Law
The basic attendance law is the same for all children (with the special position of mobile Traveller families allowing reduced attendance – see Issue 5 - Attendance). The earliest date for school leaving is currently the last Friday of June in the school year in which the child reaches 16.
New legislation from September 1998 enables increased amounts of work experience to be arranged for children at Key Stage 4.
Good Practice/Strategies
The Issue
Many Traveller families expect their children to be educated to take part in the family business and way of life. They will be given increasing responsibilities as they grow older. This is a traditional way of life for many Traveller families but can conflict with the requirement for formal schooling and child employment regulations.
The Law
The law makes no distinction for Traveller families in either Employment or Health and Safety legislation. Everyone should be aware that new regulations will shortly come into force, and check that they have the new guidance leaflet from 2001.
Good Practice/Strategies
The Issue
Traditionally, many Travellers at 14+ would be expected to be working in the family business and parents would be condoning absence from school. New legislation which allows a more flexible curriculum in Key Stage 4 could be helpful in the retention of children in school.
The Law
From September 1998 education legislation allows for more use to be made of work experience at Key Stage 4. The minimum school leaving age still applies – the last Friday in June of the school year in which the child reaches age 16.
From April 2001 the new Connexions service will be established in some areas. Incorporating the Careers service, Connexions will offer mentoring and guidance to young people from the ages of 13-19.
Good Practice/Strategies
The Issue
If the formal school curriculum is not considered relevant to Traveller families and if their children experience stereotyping and prejudice at school there will be little motivation for them to attend. Good relationships between parents, schools and education support services will allow positive partnerships to develop which will help to ensure that Traveller children have equal opportunities alongside other children in mainstream schools.
The Law
All schools are required to have a home/school agreement with parents. (School Standards and Framework Act 1998).
Good Practice/Strategies
The Issue
Mobility clearly makes it more difficult for child protection concerns to be followed up. Traveller communities are often marginalised by the settled majority and in turn are often suspicious of the involvement of agencies such as Social Services.
The supportive extended family networks in which many Travellers live can diminish the risks of child abuse, but can also hinder identification.
The Law
The law makes no distinctions for Traveller children in the area of Child Protection.
Good Practice
"The work of the Traveller Education Service" – Devon Consortium Traveller Education Service (1996).
(Currently being updated)
OFSTED Report 1996 – "The Education of Travelling Children".
"Making Distance Learning Work" notes from experience in the South West – Devon Consortium Traveller Education Service.
Policy and Practice on the Categorisation of Absence – DfEE. May 1994.
Social Inclusion: Pupil Support – DfEE Circular 10/99
The Secretary of State’s guidance on pupil attendance, behaviour, exclusion and reintegration.
"Gateway to Success" – Wrexham Traveller Education Service - strategies to promote secondary attendance. 1998
Child Employment by-laws.
OFSTED Report 1999 – "Raising the attainment of minority ethnic pupils – School and LEA responses".
Commision for Racial Equality – Learning for All & Standards for Race Equality.
The Human Rights Act.
"Working Towards Inclusive Education: Aspects of Good Practice for Gypsy Traveller Pupils" DFEE Research Report RR238 2000.
"Between Two Worlds" –Education for Fairground Children at Secondary Level – Devon Consortium Traveller Education Service (1993).
"Are You Missing Out?" –Gypsy Traveller Children at Secondary School – DfEE (1998).
Plymouth Education Welfare Service – Juliet Hammacott
Directorate of Education
City of Plymouth
PLYMOUTH
Devon PL1 2AA
Tel: (01752) 307405 or 404 Fax: (01752) 307482
Email: juliet.hammacott@plymouth.gov.uk
Torbay Education Welfare Service – Peter Walker
Education Services Directorate
Oldway
Torquay Road
PAIGNTON
Devon TQ3 2TE
Tel: (01803) 208248 Fax: (01803) 208225
Email: peter.walker@torbay.gov.uk
Devon Education Welfare Service – Principal – Jim Lister, Dep Principal – to be appointed
Bradninch Hall
Castle Street
EXETER
Devon EX5 3PJ
Tel: (01392) 383977 Fax: (01392) 383926
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