Agenda item

That Committee receives and considers the report on the Additional Learning Needs and Education Tribunal (Wales) Act 2018.

            The Senior Manager (Inclusion and Progression) outlined the key points in the report, advising that Additional Learning Needs and Education Tribunal Act 2008 came into being in 2008 but was not fully implemented until September 2021.

The Special Educational Needs (SEN) and new Additional Learning Needs (ALN) systems would be running in parallel for three years.  Information on the processes for identifying if a child had additional learning needs and moving a child from one system to the other was provided together with an explanation of the Individual Development Plan (IDP).  Now that the Code had been published it had enabled processes and panels to be put in place when identifying if a child had additional learning needs and implementing the IDPs. 

The Senior Manager (Inclusion and Progression) reported that several statutory roles had been identified within the Code which included the creation of ALN Co-ordinators in schools and the Early Years Additional Learning Lead Officer with responsibility for pre-school children.  An overview was provided of the ECLIPSE system which ensured schools and the authority carried out their responsibilities and the new requirements for pupils with ALN.   Information on the training provided to schools, new requirements and consultation carried out in schools as well as changes regarding post 16 learners was provided. 

The Senior Manager (Inclusion and Progression) confirmed that she was a member of the National Steering Group which had been set up to guide Councils around ALNET and ensure that the work on developing a Post 16 funding scheme was fair to all local authorities.   She confirmed that challenges made to WG with regards to the cost neutrality of the new ALN legislation, which included a letter from the Chair of this committee, had had an impact with WG now providing additional funding for councils and schools for a 3-year period to support implementation.  Further information on how the grant funding would be used was also provided.

            The Senior Learning Advisor for Additional Learning Needs commented that the feedback from families and schools on the new system and processes had been very positive. There had been increased collaboration with the ALN Coordinators, children and young people and parents in line with the Council’s principles.  The feedback was reassuring.

            Councillor Dave Mackie raised concerns that this could become a costly time-consuming process for schools.  He commented on the WG guidance with regards to the processes for Post 16 learners which had only just been published and suggested that the Joint Committee receive a report outlining the approach to the identification and commissioning of post 16 education for Flintshire young people in due course.  The Committee supported this suggestion.  

The Senior Manager (Inclusion and Progression) confirmed that the funding would be kept under review and provided information on the forum meetings attending by officers and WG ministers to ensure this was at the forefront of discussions.   She provided detailed information on the Regional Post 16 working group meetings and on the ‘flow through model’ and agreed to bring a report back to this Joint Committee in due course. 

            Mrs Lynn Bartlett asked if all children were moving from one system to the other or were some children not qualifying.  She was also pleased that Health was supporting this especially for early years children.  The Senior Learning Advisor for Additional Learning Needs confirmed the definition of ALN was not dissimilar to SEN but that some pupils may now receive support through a school’s universal provision without the need for an IDP.  She explained that there could be fewer children formally identified as having ALN, but that children and families were now more involved with the schools in these decisions, with the priority being to ensure that individual needs are met.  She confirmed that there had always been good relationships with Health colleagues.

            In response to a question from the Chair on parents’ right of appeal, the Senior Learning Advisor for Additional Learning Needs confirmed parents still had the right of appeal as do children and young people.  If parents or children were not satisfied with the school assessment/decision or IDP, their first approach should be to contact the authority.  This matter would be considered by the authority and if this decision/plan was upheld and no changes were proposed, then the parents or child had the right to approach the Education Tribunal for Wales. 

The recommendation, as outlined within the report, was moved and seconded by Councillor Carolyn Preece and Mrs Lynn Bartlett

RESOLVED:

That Committee receives and considers the report on the Additional Learning Needs and Education Tribunal (Wales) Act 2018.