Dynevor, owners of the Dore Programme, a treatment for dyslexia lacking an evidence base, whose original owners, DDAT (UK), collapsed into administration before resurrectng via Dynevor Ltd , have converted from a Limited into a Community Interest Company (CIC), as announced on their website.
On 12th January 2010, Dynevor Limited converted from being a private limited company to a community interest company (CIC) in order to support the primary objective of the existing shareholders – to support the community of people with learning difficulties.
Guy Hornsby, Managing Director, commented that ‘this change now requires the majority of any surplus funds generated to be reinvested in the business or used in other ways to benefit those with learning difficulties.’ He went on to say that ‘CIC status strictly prohibits the maximisation of returns to shareholders and, in addition to Dynevor having to comply fully with all necessary companies’ legislation, it will now also be required to submit an annual statement regarding community benefits.
Becoming a CIC represents a very positive step forward for the Dore Programme and reaffirms its ongoing passion and desire to help people tackle – as part of an overall strategy – their learning difficulties.
Community Interest Companies are defined by the CIC regulator as being
a new type of limited company designed specifically for those wishing to operate for the benefit of the community rather than for the benefit of the owners of the company. This means that a CIC cannot be formed or used solely for the personal gain of a particular person, or group of people.
CICs can be limited by shares, or by guarantee, and will have a statutory “Asset Lock” to prevent the assets and profits being distributed, except as permitted by legislation. This ensures the assets and profits are retained within the CIC for community purposes, or transferred to another asset-locked organisation, such as another CIC or charity.
While Dynevor and their predecessor DDAT (UK) are genuinely not motivated by profit alone so the move to become a CIC is uncontroversial regarding this, there are several concerns with Dynevor’s successful application to become a CIC.
1) The evidence base for the programme has been strongly criticised
2) The application to become a CIC contains statements known to be questionable by Dynevor and ruled against by the ASA
3) They have submitted no accounts
4) Being a CIC may lead parents, schools and local authorities to have more confidence in the programme than the evidence permits
1) The evidence base for the programme has been strongly criticised
An article published in the Journal of Paediatrics and Child Health by Dorothy Bishop of Oxford University, covered by Holfordwatch, contains many firm criticisms of the programme:
The publication of two papers in peer-reviewed scientific journal (Dyslexia) has been presented as giving further credibility to the treatment. However, the research community in this area has been dismayed that work of such poor standard has been published.
The gaping hole in the rationale for the Dore Programme is a lack of evidence that training on motor-coordination can have any influence on higher-level skills mediated by the cerebellum. If training eye–hand co-ordination, motor skill and balance caused generalised cerebellar development, then one should find a low rate of dyslexia and ADHD in children who are good at skateboarding, gymnastics or juggling. Yet several of the celebrity endorsements of the Dore programme come from professional sports people.
1 The treatment offered by Dore Achievement Centres is being promoted as a “drug free” alternative to conventional treatment for ADHD, and as a ‘miracle cure’ for dyslexia. It is presented as having a neurological rationale and gains credibility by appearing to be medical treatment.
2 The publication of two papers in peer-reviewed scientific journal (Dyslexia) has been presented as giving further credibility to the treatment. However, the research community in this area has been dismayed that work of such poor standard has been published.
3 The research purporting to show efficacy of the treatment does not show sustained gains in literacy scores in treated vs. control children. Furthermore, the intervention has not been evaluated on the clinical groups for which it is recommended.
and concludes
family doctors and paediatricians need to be aware that the published evidence does not support the claims of a ‘Miracle Cure’: on the contrary, the data from comparisons of treated and control groups lead to considerable scepticism that the intervention improves anything other than those skills that are trained in the exercises.
Since the date of publication of this article Dynevor or Dore have not published any further peer reviewed research supporting the use of their treatment for any of the conditions for which it is claimed they work. Indeed since then they no longer refer to the studies criticised above but present irrelevant data in support of their programme instead.
2) The application to become a CIC contains statements known to be questionable by Dynevor and ruled against by the ASA
The application to become a CIC states the following individuals will benefit from the programme:
Individuals from the age of seven that experience difficulties with learning; including poor literacy; numeracy, concentration; co-ordination and social skills which are often associated with Dyslexia; Dyspraxia; Attention Deficit Hyperactivity Disorder (ADHD); and Autism/Asperger’s syndrome.
and that the community will benefit because:
Neuropsychological research indicates a link between the efficiency of the cerebellum and learning difficulties. if the cerebellum is not working as will as it should , people struggle with tasks that most find relatively simple or automatic. further research and our own evidence from real case studies indicate that tailored physical exercises can stimulation and improve the efficiency of the cerebellum. our programme is able to give a long-lasting intervention by tackling the root cause of the issue.
With reference to the Bishop paper above, Dynevor know that these claims are not consistent with the published literature. Not only that the Advertising Standards Agency (ASA) recently ruled on a challenge to an advertising statement by Dynevor that it could help with Dyslexia, ADHD, Dyspraxia or Asperger’s.
We noted that the two studies provided by Dynevor assessed the effect of the exercise-based DORE programme on children with reading difficulties and children and adults with ADHD respectively.
We noted that the first study, consisting of an initial study and follow-up study, concluded that there was a long-lasting performance improvement in the children. However, only a minority of those children had a formal diagnosis of dyslexia and non-diagnosed children were included. We were concerned that the improvements cited may have resulted from the non-diagnosed children. We noted that a control group was used in the initial study, with children receiving no treatment, but also that there were differences in the initial levels of skill between the two groups, which could have accounted for the improvement. We further noted that the follow-up study lacked a control group, as the original control group of children had also been given treatment in the intervening period between the two studies.
Given that neither the initial study nor the follow-up study was controlled for a placebo effect, we considered that it was not possible to determine whether any reported improvements resulted from the DORE programme itself, or were a consequence of other factors, such as the development of the children over time or the results of other support they may have been receiving at school and at home.
We noted that the second, unpublished study also showed an improvement, although the study concluded that the findings were preliminary and further work was needed. Again, this study was not controlled for a placebo effect and we therefore had the same concerns about this study as mentioned above.
As neither the first nor second study referred to Asperger’s syndrome and only two participants in the first study had dyspraxia, we considered that the evidence was inadequate to support claims to treat those conditions. With regards to dyslexia and ADHD, we did not consider that the studies were sufficiently robust to support the treatment claims for those conditions, and we therefore concluded that the claim was misleading.
The ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 50.1 (Health and beauty products and therapies).
Action
The ad must not appear again in its current form.
Although this ruling was published on the 16th December 2009 and Dyenvor’s application was dated 12th December 2009 the ASA were corresponding with Dore for some considerable time prior to the ruling so that it can be assumed they were aware of the ASA view on the limitations of their evidence. Dynevor have knowingly submitted a statement, asserted as fact, to the CIC regulator that they knew to be questionable, and possibly false. Also the ASA ruling prevents the claims made by Dynevor in their application the CIC regulator from being used in subsequent advertising material.
3) They have submitted no accounts
The previous iteration of the Dore programme, run by DDAT (UK), collapsed into insolvency due to a business plan that depended on the willingness of Wynford Dore, the companies founder, to cover the companies mounting debts. Eventually Mr Dore stopped providing such support and the company went into administration.
The new version of the programme, run by Dynevor CIC, is based on a similar business model and has not yet filed its accounts, a legal requirement. It has successfully sought a deferment for the due date of the accounts but that new date has now passed (31/12/09) with no sign that the accounts have been submitted. There is a legitimate worry that the company may not be viable. In fact the CIC Regulator Test specifically states that a companies financial situation, with respect to the Current Ratio or Acid Test Ratio (markers of solvency), should be considered. ‘No accounts filed’ is written next to this section of Dynevor’s application.
4) Being a CIC may lead parents, schools and local authorities to have more confidence in the programme than the evidence permits
Dynevor state the benefits of being a CIC as:
The company believes that third parties are more likely to engage if the can be confident that the company is operating primarilly for the benefit of those with learning difficulties. it is also hoped that the company will be able to set a price for the programme which is lower than it would otherwise be to maximise the personal gain of the company and its shareholders in addition the company believes that acting as a community interest company will be motivational for staff.
The company currently charges around £2000 for a course of treatement. This price is sufficient to pay for an educational psychologist assessment, a lap top computer and appropriate software for a child. None of these are offered as part of the Dore Programme.
Also Dore state that
the company will collaborateively engage parents, schools and local communities so that they are bettter informerd about learning difficulties and better equipped to seek assistance at the earliest opportunity.
This is worrying. The economic situation in Britain is not good at the moment and local authorities are likely to find it difficult to support learning support programmes in the short to medium term future. If what little funds they have are directed towards Dynevor, at the expense of established methods of support, children with disabilities face the prospect of no effective intervention.
Are Dynevor unfit to become a CIC?
It is worrying that the CIC Regulator, a ‘light touch regulator’, do not seem to investigate companies apply to become CICs beyond a very basic scrutiny. Perhaps if they had they would be aware of Dorothy Bishops criticisms, the ASA ruling and the previous collapse of the business model. Perhaps they would be aware of criticism of the programme in The Sun, The Mirror, The Guardian, and more. Perhaps they would also have found highly critical parliamentary Early Day Motion from Paul Flynn, MP.
That this House is appalled at the gullible uncritical promotion by the media of Dore, a claimed miracle cure for dyslexia, in the absence of scientific proof of its value; notes that there were five resignations from the editorial board of the journal Dyslexia in protest at false claims published in that journal on the efficacy of Dore; welcomes Ofcom’s finding that Dore’s television advertisement was in breach of its rules on evidence; calls on the Jeremy Vine Show, Channel Five News, Radio Five Live, BBC London, ITV Central, ITV Yorkshire, the Daily Mail, the Daily Record, Scotland on Sunday, Tonight with Trevor McDonald and You and Yours to correct the false impressions they broadcast on an unproven treatment; and congratulates the bloggers and journalist Ben Goldacre for exposing this bad science and other exploitative snake oil salespeople.
The CIC Regulator also state that as part of a successful application a CICs purposes
could be regarded by a reasonable person as being in the community or wider public interest.
It is hard to see how an organisation that has been severely criticised in the academic literature for a lack of an evidence base and made claims on its application that the ASA state it can not make in advertising can be in the community or public interest. As Dynevor have been unwilling to answer questions about their evidence base and success rates from Holfordwatch it suggests that they recognise there are problems with this aspect of their programme. In addition to this the lack of submitted accounts is worrying given the previous financially problematic business model as well as the considerable negative coverage of the programme.
Would a reasonable person really regard Dynevor as fit to become a CIC?
