Legislative Proposals for Additional Learning Needs Additional Learning Needs Legislative Programme Welsh Government
Why reform? Evidence from the Assembly’s Education, Lifelong Learning and Skills Committee, Estyn, the Audit Commission and Cambridge Education Associates identified problems in the SEN system: • • • •
current assessment process is inefficient, bureaucratic and costly insufficiently child-centred or user-friendly needs can be identified late and interventions are insufficiently timely and effective families say they have to battle to get the right support for their child, and don’t know where to turn for advice and information
●WG held a preliminary consultation in 2007 on the assessment and statementing system. This led to a series of pilots between 2009-12 to trial models for reform. ● The Programme for Government in July 2011 made a commitment to ‘reform the Additional Learning Needs process for the most vulnerable children and young people in either a school or Further Education (FE) setting.’ ● Forward in Partnership for Children and Young People with Additional Needs, a prelegislative consultation ran from June - October 2012 and had over 200 responses
Our wider improvement agenda •Person-centred planning approach to meeting needs •Workforce planning and development •Masters in Educational Practice module on ALN •Specific Learning Difficulties Framework •Autistic Spectrum Disorder Strategic Action Plan
Legislative objectives •
A unified legislative framework to support children and young people aged 0 to 25 with additional learning needs
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An integrated, collaborative process of assessment, planning and monitoring which facilitates early, timely and effective interventions
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A fair and transparent system for providing information and advice, and resolving concerns and appeals
White Paper proposals 1. New Code of Practice 2. New terminology 3. Individual Development Plans 4. Unifying the legislation 5. Learners at the heart of the process 6. Multi-agency working 7. Avoiding duplication 8. Dispute resolution 9. Right of appeal 10. Post-16 specialist & independent provision
1. New Code of Practice Aim: Ensure that the reforms are applied consistently across Wales and professionals are supported to undertake their role Proposal: • •
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Welsh Ministers will consult on and issue an ALN Code of Practice to include: Mandatory requirements in accordance with which relevant bodies (likely to be local authorities, maintained schools and nurseries, FE institutions, local health boards and the Special Educational Needs Tribunal Wales) must act; and Guidance to which those bodies must have due regard.
2. New terminology Aim: Remove inconsistencies and unfairness in the ways in which different levels of need are categorised and the rights attached to them Proposal: • Introduce the terms ‘additional learning needs’ and ‘additional learning provision to replace the existing terms ‘special educational needs’ and ‘special educational provision’
3. Individual Development Plans Aim: Enable a much more flexible, dynamic process of ongoing assessment rather than representing a snapshot of a child or young person’s needs Proposals: • Introduce Individual Development Plans (IDPs) to replace Statements of SEN, post 16 assessments (under section 140 of the Learning and Skills Act 2000) and non-statutory Individual Education Plans (IEPs) and post-16 plans. •
Require, as a minimum, IDPs to be reviewed on an annual basis but permit reviews to be conducted earlier or more often where this is appropriate.
4. Extended age range Aim: Deliver a unified, seamless assessment and planning process for all children and young people with ALN, from birth to 25 Proposals: • Require local authorities to prepare an IDP and ensure that any agreed additional learning provision set out in the IDP Action Plan is put in place for all children and young people aged 0-25 who have been determined as having ALN and who are receiving or wish to receive education or training. •
Require maintained schools, FE institutions, and Pupil Referral Units to use their best endeavours to secure that the additional learning provision set out in a child or young person’s IDP is provided.
5. Learners at the heart of the process Aim: Ensure that children, young people and their families feel well supported from the start, that their views are at the heart of the process and they are able to make informed choices Proposals: •Require local authorities to ensure that children, young people and their parents are involved, consulted with, and have their views taken into account from the outset of and throughout the IDP assessment and planning process. •Require local authorities to put in place arrangements to give information and advice and require the Welsh Government to set out guidance (to authorities), including mandatory requirements where necessary.
6. Multi-agency working Aim: Ensure services work together to provide well co-ordinated support to children and young people with ALN Proposals: •
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Require local authorities, local health boards and further education institutions to co-operate and share information in assessing, planning and delivering provision to meet the additional learning needs of children and young people up to the age of 25. Require the Code of Practice to provide guidance to support effective multi-agency working practices. Require the Code of Practice to provide guidance to professionals on the early identification of children with ALN including those aged below compulsory school age.
7. Avoiding duplication Aim: Integrate where possible existing plans and processes which do substantially the same thing Proposal: • Enable IDPs to replace or serve the function of Personal Education Plans (PEPs) for children and young people who are looked after by a local authority.
8. Dispute resolution Aim: Reduce the likelihood of disputes arising, but in the event that they do, ensure that disagreements are resolved at the earliest possible opportunity Proposals: •Require local authorities to put in place disagreement resolution arrangements and require the use of local complaints processes prior to appeal to tribunal •Restate the existing provisions in relation to independent advocacy services and case friends, but require the Welsh Government to set out guidance on this, including mandatory requirements where necessary.
9. Right of appeal Aim: Retain and extend the right of appeal to the Tribunal as an ultimate safeguard in relation to the adequacy of the support provided to every child and young person who has ALN, not just those who have complex needs Proposals: •Provide a right of appeal to any child or young person of school age or below who has an IDP (or their parent) or believes they should have one. •Extend the right of appeal to post-16 learners with ALN, up to the age of 25, who are receiving or wish to receive education or training. •Enable a right of appeal to the Tribunal against: •a decision not to put an IDP in place •a refusal of a request to review an IDP •the content of an IDP, including the description of the child or young person’s needs or the educational provision required to meet those needs •a failure to make available the provision identified through the IDP •a decision to cease to continue an IDP
10. Post-16 specialist & independent provision Aim: Ensure systems are effective for securing appropriate post-16 specialist provision and placements in independent schools Proposals: • Require local authorities to secure specialist education provision for post-16 learners where the IDP indicates that this is necessary to meet a child or young person’s needs. •
Prohibit the placement of any child or young person into an independent school that has not been registered to provide the type of additional learning provision identified in their IDP.
Next steps •
White Paper consultation from 22 May - 25 July
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Engagement with children, young people and families
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Full assessment of costs
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New Code of Practice – development and consultation
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Introduction of a Bill to the Assembly
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Transition planning
Any questions? Contact: SENreforms@wales.gsi.gov.uk
View the White Paper consultation at: www.wales.gov.uk/consultations/education/proposals-for