4. 3. Statement: The Additional Learning Needs and Educational Tribunal (Wales) Bill

Part of the debate – in the Senedd at 2:38 pm on 13 December 2016.

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Photo of Llyr Gruffydd Llyr Gruffydd Plaid Cymru 2:38, 13 December 2016

(Translated)

May I thank the Minister for his statement and welcome the fact that the Bill has been tabled this week, and also declare an interest, of course, as a school governor, because there are responsibilities placed on boards of governors through this Bill, of course? May I also say that I agree that getting a good Act, rather than a swift Bill, is the important thing here, although I do think that it’s about time we got to this point after many years of recognising that the current regime possibly wasn’t fit for purpose?

Plaid Cymru supports the objectives of this Bill as you’ve outlined them in your statement. The Bill, of course, was in our manifesto, and, of course, it was part of the agreement that we drew up with the Labour Party after the election in May. So, securing new legislation on additional learning needs is a priority of ours, but, of course, not just any old legislation, and we, like all other parties, will be scrutinising the Bill as it travels through this Assembly in order to make sure that we do have robust legislation that will make a real and positive difference to the education and lives of those with additional learning needs.

Now, the Bill, of course, places a duty on health bodies, and that has been the cause of some debate in terms of the previous draft Bill and so on, but, in the tabled Bill, you mention a duty to ensure a treatment or service to a child or young person when that is necessary and available, but can you give us some clarity as to whether that will be at the expense of the health service, or the school through the board of governors, or the education authority? Can you expand upon how this question of who pays will be answered in this Bill? Because there is huge pressure on school budgets, as there is across the public sector, and the concern is that this could be the cause of conflict when it comes to service provision. Is there a risk, Minister, in your view, because of the lack of resources, that the threshold for intervention or additional support will be raised continuously in order to avoid expenditure? How does the Bill tackle that risk? What is there contained within the Bill that will guard against that kind of situation arising?

Now, the Bill also, of course, creates additional learning needs co-ordinators—quite a responsibility for an individual, perhaps—and that requires a range of skills and relevant experience. You are perhaps going to tell me that that will not be too different to the current SENCOs in terms of some of those responsibilities, but, in section 54 of the Bill as tabled, you say that regulations will be made in order to make it a requirement that these co-ordinators do have designated qualifications or experience or both. Now, those regulations have yet to be drawn up, but do you anticipate a change in terms of those responsibilities as compared to the current SENCO system? Do you believe that we will need a higher level of skill, a higher level of experience, and how will that be provided if it is the case, and how will it be funded? Because teachers are concerned that, as a result of this Bill, there will be a significant burden falling upon them.

It’s good to see that there are elements that are strengthened in terms of advocacy in the Bill and the right to advice and information, and that’s certainly to be welcomed. In terms of Welsh-medium provision, and this is something that was covered in the media last night, I see in the Bill that all reasonable steps should be taken—that’s the quote—to ensure additional learning needs provision through the medium of Welsh. Now, everyone accepts, of course, that there is a shortage of practitioners in some areas and that it won’t be easily achieved, but can you expand upon your plans to ensure that the appropriate workforce will be in place, and not just in a specific language? We know that educational psychologists are few and far between, as well as a number of other disciplines, perhaps, but, particularly, how can we ensure that there are more Welsh speakers available to secure this provision? Will you perhaps consider, from the point of view of this Bill, that language is a fundamental need on the face of the Bill, and, through that, establish a right to a service or support through the medium of Welsh? It’s not just the workforce that’s important here in terms of the Welsh language, resources are also an important part of that equation: resource for diagnosis, for example, test material for dyslexia. We know that are deficiencies in terms of Welsh language provision in that area. So, how do you hope that this Bill will assist in resolving some of those challenges?

Now, the code of practice that you referred to is going to be quite crucial—almost as crucial as the Bill itself—in terms of the scrutiny process, and I am grateful that you are willing to release a draft of the additional needs code as part of the scrutiny process in February. Now, the aim of the legislation, or one of the aims of the legislation, is to reduce conflict within the process, but it is inevitable that that will arise on occasion, particularly in the early years, and, at the moment, as a fellow Member of mine, Steffan Lewis, has highlighted recently, there is no specialist legal firm specialising in education in Wales, and there are only three educational companies throughout England and Wales, and all of them happen to be in England. Now, getting access to specialist support of that kind is going to be difficult. Whilst the Bill and the new tribunal system, or the proposed system, will reduce the need for specialist independent legal support, what will the Welsh Government do to ensure that children with additional learning needs and their families can have access to the necessary advice that they will need when that problem arises?

You’ve mentioned in response last week to a question on concerns from Diabetes UK and the Royal College of Paediatrics and Child Health on the concerns that children and young people with special healthcare needs have—. What assurance can you give to those with these additional healthcare needs, who perhaps feel that they have been confused or left in limbo, that their needs will also be met under this Bill?

And, finally, whilst the provision and responsibilities are clear in this Bill for those children and young people of statutory education age, I’m not sure if it’s true to the same extent for those who are of preschool age and older people up to the age of 25, for example, in terms of workplace training, apprenticeships, and so on. It was a concern identified by many in the draft Bill, so can you perhaps expand upon how you have responded to those concerns in this Bill? As I say, we generally do welcome what’s contained within the Bill but obviously look forward to scrutinise the issues that I’ve raised and I’m sure that there will a number of other issues that we will want to raise as we scrutinise this Bill in the Assembly.