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

Part of the debate – in the Senedd at 3:14 pm on 13 December 2016.

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Photo of Michelle Brown Michelle Brown UKIP 3:14, 13 December 2016

Thank you for your statement, Minister. The additional learning needs Bill has much to recommend it, although the Bill does raise a number of questions in my mind. In principle, the provision for a code of practice is a good step. However, much will depend on the content of the code and how it’s applied. How will you ensure that the code of practice is achieving its objectives? Although the Bill sets out persons who must be consulted on the content of the code, groups representing children and their parents are not included. What’s the reason for this? Why isn’t a duty being placed on Welsh Ministers to consult parents, children and young people on a code that will directly affect them? I welcome that the Bill places a requirement on decision makers to involve children, young people and their parents in the decision-making process, but what weight will be placed on their views in that decision-making process? The requirement will ultimately be meaningless if their views and wishes aren’t given sufficient priority. An effective structure will also need to be in place to ensure that their views are properly taken into consideration. How will the Minister ensure that this duty is operating to the benefit of people with additional learning needs and that the relevant decision makers have the resources to involve learners and their parents effectively?

I welcome the provision in the Bill to favour placing children with additional learning needs in mainstream schools where possible. Making it more difficult for mainstream schools to refuse a child with additional learning needs is a good step. However, it should be kept in mind that if a mainstream school refuses a child with additional learning needs, this may well be because they simply don’t have the resources to cater for that child. How are you going to ensure that mainstream schools are given the support they will need? The duty placed on maintained schools to admit children with additional learning needs, if that school is named in the individual development plan, sounds like a positive measure. However, there is no requirement that the school has the capacity to take the additional learner. The duty could therefore be a recipe for disaster if the necessary resources are not put in place at the school.

But there is little point providing the resources if you can’t guarantee that they will be spent as intended. Can the Minister give us an assurance that sufficient resources will be provided to these schools and that any funds provided to local authorities for that purpose will be ring-fenced? I note the Bill provides for a registration system for independent providers. Can the Minister provide some detail on how the registration system will work, and in particular, will independent providers be vetted carefully before being placed on the register?

The Bill doesn’t appear to require independent providers not in receipt of moneys from local authorities to be registered, which would appear to leave parents sending children to specialist schools privately on their own with regard to the quality of education being offered or the standards of staff. Will the register be available for inspecting by parents? As I said earlier, this Bill has much to recommend it. However, to operate effectively, local authorities, schools and other decision makers will need the processes, staff and money in place to be able to implement it. Without that, the Bill won’t be worth the paper it’s written on. Thank you.